1、跟單信用證統(tǒng)一慣例（UCP600）Article 1 Application of UCP第一條 統(tǒng)一慣例的適用范圍The Uniform Customs and Practice for Documentary Credits, 2007 Revision,Iublication no. 600 (“UCP”) are rules that apply to any documentary credit(“credit”) (including, to the extent to which they may be applicable, any standby letter of cred

2、it) when the text of the credit expressly indicates that it is subject to these rules. They are binding on all parties thereto unless expressly modified or excluded by the credit.跟單信用證統(tǒng)一慣例，2007 年修訂本，國際商會第 600 號物，適用于所有在正文中標明按本慣例辦理的跟單信用證（包括本慣例適用范圍內的備用信用證）。除非信用證中另有規(guī)定，本慣例對一切有關當事人均具有約束力。Article 2 Definit

3、ions第二條 定義For the purpose of these rules:就本慣例而言：Advising bank means the bank that advises the credit at the request of the issuing bank.通知行意指應開證行要求通知信用證的。Applicant means the party on whose request the credit is issued.申請人意指發(fā)出開立信用證申請的一方。Banking day means a day on which a bank is regularly open at the

4、 place at which an act subject to these rules is to be performed.日意指日子。在其營業(yè)地正常營業(yè)，按照本慣例行事的行為得以在履行的Beneficiary means the party in whose favour a credit is issued.受益人意指信用證中受益的一方。1Complying presentation means a presentation that is in accordance with the terms and conditions of the credit, the applicabl

5、e provisions of these rules and international standard banking practice.相符提示意指與信用證中的條款及條件、本慣例中所適用的規(guī)定及國際標準實務相一致的提示。Confirmation means a definite undertaking of the confirming bank, in addition to that of the issuing bank, to honour or negotiate a complying presentation.意指行在開證行之外對于相符提示做出兌付或議付的確定承諾。Con

6、firming bank means the bank that adds its confirmation to a credit upon the issuing banks authorization or request.行意指應開證行的或請求對信用證加具的。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

7、 presentation.信用證意指一項約定，無論其如何命名或描述，該約定不可撤銷并因此行對于相符提示予以兌付的確定承諾。開證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

8、 the beneficiary and pay at maturity if the credit is available by acceptance.兌付意指：a.對于即期付款信用證即期付款。b.對于延期付款信用證發(fā)出延期付款承諾并到期付款。c.對于承兌信用證承兌由受益人出具的匯票并到期付款。Issuing bank means the bank that issues a credit at the request of an applicant or on its own behalf.開證行意指應申請人要求或代表其自身開立信用證的。2Negotiation means the pu

9、rchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to(to be paid the nominated bank.議付意指被指定在其應獲

10、得償付的日或在此之前，通過向受益人預付或者同意向受益人預付款項的方式以外的）及/或單據(jù)。相符提示項下的匯票（匯票付款人為被指定Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank.被指定意指使用信用證的，對于可供任何使用的信用證而言，任何均為被指定。Presentation means either the delivery of documents under a credit to theissu

11、ing bank or nominated bank or the documents sivered.提示意指信用證項下單據(jù)被提交至開證行或被指定據(jù)。，抑或按此方式提交的單Presenter means a beneficiary, bank or other party that makes a presentation.提示人意指做出提示的受益人、或其他一方。Article 3 Interpretations第三條 釋義For the purpose of these rules:就本慣例而言：Where applicable, words in the singular include

12、 the plural and in the plural include the singular.在適用的條款中，詞匯的單復數(shù)同義。A credit is irrevocable even if there is no indication to that effect.信用證是不可撤銷的，即使信用證中對此未作指示也是如此。A document may be signed by handwriting, facsiignature, perforatedsignature, stamp, symbol or any other mechanical or electronic method

13、 of authentication.3單據(jù)可以通過手簽、簽樣印制、穿孔簽字、蓋章、符號表示的方式簽署，也可以通過其它任何機械或電子證實的方法簽署。A requirement for a document to be legalized, visaed, certified or similar will be satisfied by any signature, mark, stamp or label on the document which appears to satisfy that requirement.當信用證含有要求使單據(jù)合法、證實或對單據(jù)有類似要求的條件時，這些條件可由

14、在單據(jù)上簽字、標注、蓋章或件即可。來滿足，只要單據(jù)表面已滿足上述條Branches of a bank in different countries are considered to be separate banks.一家在不同設立的分支機構均視為另一家。Terms such as "first class", "well known", "qualified", "independent", "official", "competent" or "local&

15、quot; used to describe the issuer of a document allow any issuer except the beneficiary to issue that document.諸如"第一流"、"著名"、""、""、"正式"、"有資格"、"當?shù)?quot;等用語用于描述單據(jù)出單人的時，單據(jù)的出單人可以是除受益人以外的任何人 。Unless required to be used in a document, words s

16、uch as "prompt", "immediately" or "as soon as possible" will be disregarded.除非確需在單據(jù)中使用，對諸如"迅速"、"立即"、"盡快"之類詞語將不予置理。The expression "on or about" or similar will be interpreted as a stipulation that an event is to occur during a peri

17、od of five calendar days before until five calendar days after the specified date, both start and end dates included."于或約于"或類似措辭將被理解為一項約定，按此約定，某項前后各五天內發(fā)生，起迄日均包括在內。將在所述日期The words "to", "until", "till", “from” and “between” when used to determine a period of sh

18、ipment include the date or dates mentioned, and the words “before” and "after" exclude the date mentioned.詞語"×月×日止"（to）、"至×月×日"（until）、"直至×月×日"(till) 、"從×月×日"(from) 及“在 X 月 X 日至 X 月 X 日之間”(between) 用于確定裝運期限時，包括

19、所述日期。詞語“X 月 X 日之前”(before) 及“X 月 X 日之后”(after) 不包括所述日期。The words “from” and "after" when used to determine a maturity date exclude the date mentioned.4詞語“從 X 月 X 日”（from）以及“X 月 X 日之后”(after) 用于確定到期日時不包括所述日期。The terms "first half" and "second half" of a month shall be co

20、nstrued respectively as the 1st to the 15th and the 16th to the last day of the month, all dates inclusive.術語"上半月"和"下半月"應分別理解為自每月"1 日至 15 日"和"16 日至月末最后一天"，包括起迄日期。The terms "beginning", "middle" and "end" of a month shall be constr

21、ued respectively as the 1st to the 10th, the 11th to the 20th and the 21st to the last day of the month, all dates inclusive.術語"月初"、"月中"和"月末"應分別理解為每月 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。Article 4 Credits v. Contracts第四條 信用證與合同a. A credit by its nature is a separate

22、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. Consequently, the undertaking of a bank to honour, to negotiate or to fulfil any other obligation unde

23、r the credit is not subject to claims or defences by the applicant resulting from its relationships with the issuing bank or the beneficiary.A beneficiary can in no case avail itself of the contractual relationships existing between banks or between the applicant and the issuing bank.a. 就性質而言，信用證與可能

24、作為其依據(jù)的銷售合同或其它合同，是相互的。即使信用證中提及該合同，亦與該合同完全無關，且不受其約束。因此，一家作出兌付、議付或履行信用證項下其它義務的承諾，并不受申請人與開證行之間或與受益人之間在已有關系下產(chǎn)生的索償或抗辯的制約。受益人在任何情況下，不得利用之間或申請人與開證行之間的契約關系。b. An issuing bank should discourage any attempt by the applicant to include, as an integral part of the credit, copies of the underlying contract, profo

25、rma invoice and the like.5b. 開證行應勸阻申請人將基礎合同、形式證整體組成部分的作法。或其它類似文件的副本用Article 5 Documents v. Goods, Services or Performance第五條 單據(jù)與貨物服務行為Banks deal with documents and not with goods, services or performance to which the documents may relate .處理的是單據(jù)，而不是單據(jù)所涉及的貨物、服務或其它行為。Article 6 Availability, Expiry Dat

26、e and Place for Presentation第六條 有效性、有效期限及提示地點a. A credit must state the bank with which it is available or whether it is available with any bank. A credit available with a nominated bank is also available with the issuing bank.a. 信用證必須規(guī)定可以有效使用信用證的，或者信用證是否對任何均為有效。對于被指定有效的信用證同樣也對開證行有效。b. A credit must

27、 state whether it is available by sight payment, deferred payment, acceptance or negotiation.b. 信用證必須規(guī)定它是否適用于即期付款、延期付款、承兌抑或議付。c. A credit must not be issued available by a draft drawn on the applicant.c.不得開立包含有以申請人為匯票付款人條款的信用證。d. i. A credit must state an expiry date for presentation. An expiry date

28、 stated for honour or negotiation will be deemed to be an expiry date for presentation.d. i 信用證必須規(guī)定提示單據(jù)的有效期限。規(guī)定的用于兌付或者議付的有效期限將被認為是提示單據(jù)的有效期限。ii. The place of the bank with which the credit is available is the place for presentation. The place for presentation under a credit available with any bank is

29、 that of any bank. A place for presentation other than that of the issuing bank is in addition to the place of the issuing bank.ii. 可以有效使用信用證的所在的地點是提示單據(jù)的地點。對任何均為有效的信用證項下單據(jù)提示的地點是任何所在的地點。不同于開證行地點的提示單據(jù)的地點是開證行地點之外提交單據(jù)的地點。6e. Except as provided in sub-article 29 (a), a presentation by or on behalf of the

30、 beneficiary must be made on or before the expiry date.e. 除非如 29(a)中規(guī)定，由受益人或代表受益人提示的單據(jù)必須在到期日當日或在此之前提交。Article 7 Issuing Bank Undertaking第七條 開證行的承諾a. Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a complying presentation, th

31、e issuing bank must honour if the credit is available by:倘若規(guī)定的單據(jù)被提交至被指定或開證行并述信用證所適用的情形予以兌付：相符提示，開證行必須按下i. sight payment, deferred payment or acceptance with the issuing bank;i. 由開證行即期付款、延期付款或者承兌；ii. sight payment with a nominated bank and that nominated bank does not pay;ii. 由被指定即期付款而該被指定未予付款；iii. d

32、eferred payment with a nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity;iii. 由被指定延期付款而該被指定未承擔其延期付款承諾，或者雖已承擔延期付款承諾但到期未予付款；iv. acceptance with a nominated bank and that nominated bank d

33、oes not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity;iv. 由被指定承兌而該被指定未予承兌以其為付款人的匯票，或者雖已承兌以其為付款人的匯票但到期未予付款；v. negotiation with a nominated bank and that nominated bank does not negotiate.v. 由被指定議付而該被指定未予議付。7b. An issuing bank is irrevocably bound to hono

34、ur as of the time it issues the credit.b. 自信用證開立之時起，開證行即不可撤銷地受到兌付責任的約束。c. An issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the issuing bank. Reimbursement for the amount of a complying presentation under

35、a credit available by acceptance or deferred payment is due at maturity, whether or not the nominated bank prepaid or purchased before maturity. An issuing bank's undertaking to reimburse a nominated bank is independent of the issuing banks undertaking to the beneficiary.c. 開證行保證向對于相符提示已經(jīng)予以兌付或者議

36、付并將單據(jù)寄往開證行的被指定進行償付。無論被指定是否于到期日前已經(jīng)對相符提示予以預付或者，對于承兌或延期付款信用證項下相符提示的金額的償付于到期日進行。開證行償付被指定的承諾于開證行對于受益人的承諾。Article 8 Confirming Bank Undertaking第八條行的承諾a. Provided that the stipulated documents are presented to the confirming bank or to any other nominated bank and that they constitute a complying presentat

37、ion, the confirming bank must:a. 倘若規(guī)定的單據(jù)被提交至行必須：行或者任何其他被指定并相符提示，i. honour, if the credit is available by：i. 兌付，如果信用證適用于：a. sight payment, deferred payment or acceptance with the confirming bank;a. 由行即期付款、延期付款或者承兌；b. sight payment with another nominated bank and that nominated bank does not pay;b. 由另

38、一家被指定即期付款而該被指定未予付款；c. deferred payment with another nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity;8c. 由另一家被指定延期付款而該被指定未承擔其延期付款承諾，或者雖已承擔延期付款承諾但到期未予付款；d. acceptance with another nomi

39、nated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity;d. 由另一家被指定承兌而該被指定未予承兌以其為付款人的匯票，或者雖已承兌以其為付款人的匯票但到期未予付款；e. negotiation with another nominated bank and that nominated bank does not negotiate.e. 由另一家被指定議付而該被指定未予議付。i

40、i. negotiate, without recourse 無追索權, if the credit is available by negotiation with the confirming bank.ii. 若信用證由行議付，無追索權地議付。b. A confirming bank is irrevocably bound to honour or negotiate as of the time it adds its confirmation to the credit.b. 自為信用證加具約束。之時起，行即不可撤銷地受到兌付或者議付責任的c. A confirming bank

41、undertakes to reimburse another nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the confirming bank. Reimbursement for the amount of a complying presentation under a credit available by acceptance or deferred payment is due at maturity, whether

42、or not another nominated bank prepaid or purchased before maturity. A confirming bank's undertaking to reimburse another nominated bank is independent of the confirming banks undertaking to the beneficiary.c.行保證向對于相符提示已經(jīng)予以兌付或者議付并將單據(jù)寄往開證行的另一家被指定進行償付。無論另一家被指定是否于到期日前已經(jīng)對相符提示予以預付或者，對于承兌或延期付款信用證項下相符提示

43、的金額的償付于到期日進行諾。行償付另一家被指定的承諾兌行對于受益人的承d. If a bank is authorized or requested by the issuing bank to confirm a credit but is not prepared to do so, it must inform the issuing bank without delay and may advise the credit without confirmation.9d. 如開證行或要求另一家對信用證加具，而該的信用證。備照辦時，它必須不延誤地告知開證行并仍可通知此份加具Article

44、9 Advising of Credits and Amendments第九條 信用證及修改a. A credit and any amendment may be advised to a beneficiary through an advising bank. An advising bank that is not a confirming bank advises the credit and any amendment without any undertaking to honour or negotiate. a.信用證及其修改可以通過通知行通知受益人。除非已對信用證加具，通知

45、行通知信用證不兌付或議付的承諾。b. By advising the credit or amendment, the advising bank signifies that it has satisfied itself as to the apparent authenticity of the credit or amendment and that the advice accurately reflects the terms and conditions of the credit or amendment received.b. 通過通知信用證或修改，通知行即表明其認為信用證或

46、修改的表面真實性得到滿足，且通知準確地反映了所收到的信用證或修改的條款及條件。c. An advising bank may utilize the services of another bank (“second advising bank”) to advise the credit and any amendment to the beneficiary. By advising the credit or amendment, the second advising bank signifies that it has satisfied itself as to the appar

47、ent authenticity of the advice it has received and that the advice accurately reflects the terms and conditions of the credit or amendment received.c. 通知行可以利用另一家的服務（“第二通知行”）向受益人通知信用證及其修改。通過通知信用證或修改，第二通知行即表明其認為所收到的表面真實性得到滿足，且通知準確地反映了所收到的信用證或修改的條款及條件。d. A bank utilizing the services of an advising ban

48、k or second advising bank to advise a credit must use the same bank to advise any amendment thereto.d. 如一家利用另一家通知行或第二通知行的服務將信用證通知給受益人，它也必須利用同一家的服務通知修改書。e. If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay, the bank from which the credit,

49、 amendment or advice has been received.e. 如果一家被要求通知信用證或修改但決定不予通知，它必須不延誤通知向其信用證、修改或通知的。10f. If a bank is requested to advise a credit or amendment but cannot satisfy itself as to the apparent authenticity of the credit, the amendment or the advice, it must so inform, without delay, the bank from whic

50、h the instructions appear to have been received. If the advising bank or second advising bank elects nonetheless to advise the credit or amendment, it must inform the beneficiary or second advising bank that it has not been able to satisfy itself as to the apparent authenticity of the credit, the am

51、endment or the advice.f. 如果一家被要求通知信用證或修改，但不能確定信用證、修改或通知的表面真實性，就必須不延誤地告知向其發(fā)出該指示的。如果通知行或第二通知行仍決定通知信用證或修改，則必須告知受益人或第二通知行其未能核實信用證、修改或通知的表面真實性。Article 10 Amendments第十條 修改a. Except as otherwise provided by article 38, a credit can neither be amended nor cancelled without the agreement of the issuing bank,

52、 the confirming bank, if any, and the beneficiary.a. 除本慣例第 38 條另有規(guī)定外，凡意，信用證既不能修改也不能撤銷。開證行、行（）以及受益人同b. An issuing bank is irrevocably bound by an amendment as of the time it issues the amendment. A confirming bank may extend its confirmation to an amendment and will be irrevocably bound as of the tim

53、e it advises the amendment. A confirming bank may, however, choose to advise an amendment without extending its confirmation and, if so, it must inform the issuing bank without delay and inform the beneficiary in its advice.b. 自發(fā)出信用證修改書之時起，開證行就不可撤銷地受其發(fā)出修改的約束。保兌行可將其承諾擴展至修改內容，且自其通知該修改之時起，即不可撤銷地受到該修改的約

54、束。然而行可選擇僅將修改通知受益人而不對其加具，但必須不延誤地將此情況通知開證行和受益人。c. The terms and conditions of the original credit (or a credit incorporating previously accepted amendments) will remain in force for the beneficiary until the beneficiary communicates its acceptance of the amendment to the bank that advised such amendme

55、nt. The beneficiary should give notification of acceptance or rejection of an amendment. If the beneficiary fails to give such notification, a presentation that complies with the credit and to any not yet accepted amendment will be deemed to be notification of acceptance by the beneficiary of such a

56、mendment. As of that moment the credit will be amended.11Article 11 Teletransmitted and Pre-Advised Credits and Amendments第十一條 電訊傳遞與預先通知的信用證和修改a. An authenticated teletransmission of a credit or amendment will be deemed to be the operative credit or amendment, and any subsequent mail confirmation sh

57、all be disregarded.If a teletransmission states "full details to follow" (or words of similar effect), orstates that thconfirmation is to be the operative credit or amendment,then the teletransmission will not be deemed to be the operative credit or amendment. The issuing bank must then is

58、sue the operative credit or amendment without delay in terms not inconsistent with the teletransmission.a. 經(jīng)證實的信用證或修改的電訊文件將被視為有效的信用證或修改，任何隨后的郵寄證被不予置理。若該電訊文件"詳情后告"（或類似詞語）或隨后寄出的郵寄證是有效的信用證或修改，則該電訊文件將被視為無效的信用證或修改。開證行必須隨即不延誤地開出有效的信用證或修改，且條款不能與與電訊文件相。b. A preliminary advice of the issuance of a

59、credit or amendment (“pre-advice”) shall only be sent if the issuing bank is prepared to issue the operative credit or amendment. An issuing bank that sends a pre-advice is irrevocably committed to issue the operative credit or amendment, without delay, in terms not inconsistent with the pre-advice.b. 只有準備開立有效信用證或修改的開證行，才可以發(fā)出