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| 《关于审核跟单信用证项下单据的国际标准银行实务》
(International Standard Banking Practice for the Examination of Documents under Documentary Credits，shortened form“ISBP”)
Introduction
At its May 2000 meeting the Commission on Banking Technique and Practice of the International Chamber of Commerce (the “ICC Banking Commission”) chartered a Task Force to document international standard banking practice for the examination of documents as reflected in the articles of the Uniform Customs and Practice for Documentary Credits. While the Task Force has based its work on International Chamber of Commerce Publication No. 500 (UCP), the principles set forth here are likely to be generally applicable to succeeding revisions, because this statement of practice is consistent with the UCP and the Opinions and Decisions of the ICC Banking Commission. The final product reflects the input from ICC National Committees and individual ICC members. Grateful acknowledgement is made of the thousands of hours contributed by members of the Task Force and others. In the opinion of the ICC Banking Commission, this document states international standard banking practice as reflected in the articles of UCP. This document supplements and explains the practices on which the UCP is based and should not be viewed as an amendment to the UCP. Some of these practices are assumed in UCP, while others are implied, therefore this document must be read in conjunction with the relevant UCP provisions. No exercise can anticipate all the terms or the documents that may be used in connection with documentary credits (“credits”) or their interpretation under the UCP and the standard practice it reflects, much less the evolution of practice in response to changing commercial needs. Nevertheless, a serious attempt has been made to address discrete issues that commonly arise but are not expressly treated in the UCP in light of the principles that shape standard banking practice. The application of the UCP, and the practices documented in this
publication, should enable parties to deal successfully with almost any examination eventuality. Apart from technical rules of standard practice it must be recognized that the successful completion of a transaction also requires good faith on the part of all involved and the exercise of sound judgement. It must also be recognised that the credit can vary standard banking practice, as stated in Article 1 of UCP. Any term in a credit which modifies or affects the applicability of the UCP will also have an impact on the standard banking practices. Therefore, in considering documentary compliance, parties must observe and take into account any term in a credit that expressly excludes or modifies a provision in an Article of the UCP. While this principle is assumed throughout this document, it is sometimes expressly stated for emphasis or to illustrate a principle. The absence of such a reference, however, does not imply that the terms of the credit may not override the general proposition stated in these practices.
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This publication is organised into three parts. The first is “Preliminary Considerations”. The second addresses ”General Principles” which may apply to any document. The third deals with documents commonly required by credits. The International Standard Banking Practice for the Examination of Documents articulates international standard banking practice for issuers, nominated banks, and beneficiaries. Applicants, however, should not assume that they may rely on these provisions in order to excuse their obligations to reimburse the issuer, since their obligations, rights, and remedies depend upon their undertaking with the issuer, the performance of the underlying transaction, and the timeliness of any objection under applicable law and practice. The UCP and this publication should be read in their entirety. Please note that the heading of each section is for reference as to intent and purpose only. It is not to be construed as other than solely for benefit or guidance. There should be no legal imputation.
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PRELIMINARY CONSIDERATIONS The Application and Issuance of the Credit
1. The terms of a credit are independent of the underlying transaction even if the credit expressly refers to that transaction. To avoid unnecessary costs, delays, and disputes in the examination of documents, however, the applicant and beneficiary should carefully consider which documents should be required, by whom they should be produced, and
the time frame for presentation.
2. The applicant bears the risk of any ambiguity in its instructions to issue or amend a credit. Unless expressly stated otherwise, a request to issue or amend a credit authorizes an issuer to supplement or develop the terms in a manner necessary or desirable to permit the use of the credit.
3. The applicant should be aware that the UCP contains articles such as Articles 13, 20, 21, 23, 24, 26, 27, 28, 39, 40, 46 and 47 that define terms in a manner that may produce unexpected results unless the applicant fully acquaints itself with these provisions. For example, in a credit requiring presentation of a marine bill of lading, a prohibition against transhipment will have to specifically exclude UCP500 Sub-Article 23d. A statement in a credit that transhipment is prohibited will still allow transhipment to occur, subject to the conditions of the above sub-Article.
4. A credit should not require presentation of documents that are to be issued and/or countersigned by the applicant. If the credit is issued including such terms, the beneficiary must either seek amendment or comply with them and bears the risk of failure
to do so.
5. Many of the problems that arise at the examination stage could be avoided or resolved by careful attention to detail in the underlying transaction, the credit application, and issuance of the credit as discussed.
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GENERAL PRINCIPLES
Issuer of Documents
6. Where a credit indicates that a document is to be issued by a named entity, the condition is satisfied if:
a) the document appears to be issued by the named entity - i.e. on its letterhead or specified form and, if required, appears to be signed by the named entity; or
b) the document is issued on unheaded paper but within its body there is evidence of completion by and/or signature of the named entity.
Language
7. According to international standard banking practice, documents must be issued in the language of the credit. An issuing bank which requires document(s) in another language(s) than that of the credit must so state in the credit. When a credit states that documents in two or more languages are acceptable, a nominated bank may in its advice of the credit limit the number of acceptable languages as a condition of its engagement in their credit or confirmation.
Dates
8. Documents such as drafts, certificates, declarations, statements, transport documents and insurance documents must be dated and signed. Whether other documents require dating will depend on the nature and content of the document in question. A requirement for a document to be dated - other than those mentioned above - may be satisfied by linkage
within its content to the date of another document forming part of the same presentation (e.g. where a shipping certificate will be issued which states “date as per bill of lading number xxx” or similar).
9. Documents may be issued after the date of shipment. However, the issuance date of documents must not be later than the date the documents are presented. Where a credit requires a pre-shipment inspection certificate or a document incorporating such wording, it may also be issued after the date of shipment. However, in such case, either its title or content must indicate that inspection took place prior to or on the date of shipment.
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10. A document indicating a date of preparation and a date of signing is deemed to be issued on the date of signing.
11. The rule for presentation in sub-Article 43 (a) of UCP500 only applies to presentations that must contain original transport documents. The transport documents are those which fall under the category to be reviewed under Articles 23 – 29.
12. Phrases are often used to signify time on either side of a date or event.
a) “within 2 days of” or “within 2 days after” indicates a period from the date of the event until 2 days after the event. The term “within” when used in connection with a date excludes that date in calculation of the period.
b) “not later than 2 days after” does not indicate a period, only a latest date. If an advice must not be dated prior to a specific date, the credit must so state. Where the document indicates that the event has already occurred, the time before can not be included.
c) “at least 2 days before” indicates that something must take place not later than 2 days before an event. There is no limit as to how early it may take place.
13. Dates may be expressed in different formats provided that the date intended can be determined from the document or presentation. For example, the 12th of November 2001 could be expressed as 12 Nov 01, 12Nov01, 12.11.2001, 12.11.01, 2001.11.12, 11.12.01, 121101, etc. To avoid confusion it is recommended that the name of the month should be used instead of the number. ICC Opinion R 210.
Title of Documents
14. Documents should be titled as called for in the credit, or bear a title of similar intent, or may be untitled. For example, a credit requirement for a “Packing List” may also be satisfied by a document titled “Packing Note” or “Packing and Weight List”, etc. The content of a document must appear to fulfill the function of the required document. In the above example it must include packing details.
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15. If a document is to bear a specific title, the credit must expressly so state.
Multiple Pages/Attachments or Riders
16. Where a document consists of more than one page, it must be possible to determine that the pages are part of the same document.
17. If a signature and/or endorsement is required to be on a document consisting of more than one page, or which contains one or more attachment(s), the signature is normally placed on the first or last page of the document itself or on the attachment, but if placed on any page of the document would not, in itself, constitute a discrepancy.
Originals and Copies (See ICC Decision on Original Documents dated 12 July 1999)
18. Each required document must be presented in at least one original, unless the credit requires presentation of a copy(ies). The number of originals or copies must be that required by the credit or UCP.
19. 19. Documents issued in more than one original may be marked "Original", "Duplicate", "Triplicate", "First Original", "Second Original", etc. None of these markings will disqualify a document as an original ICC Opinion R.
1) 20. It can sometimes be difficult to determine from the wording of a credit whether a requirement is for a copy or for an original of a particular document. With a requirement for an invoice as an example, here are some guidelines:
a) A wording like “Invoice”, “One Invoice” and “Invoice in 1 copy” will be understood to be a requirement for an original invoice.
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b) A wording like “Invoice in 4 copies” will be satisfied by the presentation of at least one original and three copies of an invoice.
c) A wording like “One copy of Invoice” will be understood to be a requirement for a copy of an invoice.
Expressions not defined by UCP
21. Some commonly used expressions - such as “Shipping documents”, “Exporting country” and “Stale Documents Acceptable” - are not defined in UCP and if used in a credit, their meaning should be made apparent therein. If not, they have the following meaning under international standard banking practice:
a) “Shipping documents” - all documents (not only transport documents), except drafts, required by the Credit.
b) “Stale documents acceptable” - documents presented later than 21 days after the date of shipment are acceptable as long as they are presented within the validity of the credit.
c) “Third party documents acceptable” should not be used unless the issuer’s intent is that all documents, including invoices, may be issued by Third Parties. If the issuer’s intent is that the transport document(s) may show a shipper other than the beneficiary, the clause is not necessary because it is already permitted by UCP500 sub-Article 31
(iii). ICC Opinions R 246, R 277.
d) “Exporting country” - the country where the beneficiary is domiciled, or the country of origin of the goods, or the place of receipt by the carrier and/or the country from which shipment or dispatch is made. R 392.
e) When a credit states a geographical area, such as Europe, Asia, or the like, any specific location or country generally accepted to be within that area is acceptable. A credit stating a specific location such as a named city or country would not be satisfied by a document only stating the geographical area in which the named place is located.
f) Political, sovereign or other non-geographic considerations (e.g. Falkland Islands being a Territory of the UK) do not affect geographical location.
22. Words and phrases such as “immediately”, “as soon as possible”, “local” and the like have no common definition and should not be used.
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Misspellings/Typing Errors (ICC Opinion R 209)
23. Misspellings/typing errors that do not affect the meaning of a word or the sentence in which it occurs, do not make a document discrepant. For example, a description of the merchandise as “mashine” instead of “machine”, “fountan pen” instead of “fountain pen” or “modle” instead of “model” would not make the document discrepant. However, a description as “model 123” instead of “model 321” would not be considered a typing error and would therefore constitute a discrepancy.
Abbreviations
24. The use of generally accepted abbreviations, for example “Ltd.” instead of “Limited”, “Int’l” instead of “International”, “Co.” instead of “Company”, “kgs” or “kos.” instead of “kilos”, “Ind” instead of “Industry”, “mfg” for “manufacturer” or “mt” instead of “metric tons” - or vice versa - does not make a document discrepant.
25. Virgules (“/”) may have different meanings and should not be used as a substitute for a word.
Inconsistency in the Documents (Art. 13a)
26. Documents presented under a credit must not appear to be inconsistent with each other. The requirement is not that the data content be identical, merely that the documents not be inconsistent.
a) An example where information is not identical but not inconsistent is when a document shows weight of goods as “5 metric tons” and another document within the same presentation shows weight of the same goods as “5000 kilos”, and vice versa.
b) Another example would be where a bill of lading shows goods consigned to order, or to order of a bank, and other documents forming part of the same presentation show the applicant as consignee. ICC Opinion R 276.
27. The purpose of a shipping mark is to enable the carrier to identify a box, bag or package. If a credit specifies the details of a shipping mark, the document(s) submitted must exactly replicate it, but additional information is acceptable provided it is not inconsistent with the credit terms.
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28. Shipping marks contained in some documents often include information in excess of what would normally be considered “shipping marks”, and could include information such as the type of goods, warnings as to the hand ling of fragile goods, net and/or gross weight of the goods etc. The fact that some document only sho
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