1、EUCP(V1.1) 中英文对照版IntroductionThe official name for this publication is “Supplement to the Uniform Customs and Practice for Documentary Credits for Electronic Presentation (Version 1.1)”. It uses the acronym “eUCP”. During the course of drafting UCP 600, ICC national committees indicated that, due to
2、 the limited usage of eUCP Version 1.0, the eUCP should remain as a supplement to the UCP. Version 1.1 has, therefore, been updated solely to reflect the changes made in UCP with regard to terminology and style of presentation.The eUCP continues to provide definitions permitting UCP 600 terminology
3、to accommodate the electronic presentation of the equivalent of paper documents and providing necessary rules to allow both sets of rules to work together. The eUCP allows for presentation electronically or for a mixture of paper documents and electronic presentation. It is important for the eUCP re
4、ader to understand that many articles of the UCP are not impacted by the presentation of the electronic equivalent of paper documents and do not require any changes to accommodate electronic presentation. When read together, the UCP and the eUCP provide the necessary rules for electronic presentatio
5、n and are broad enough to anticipate developing practice in this area. Where specific words or phrases used in the UCP are defined in the eUCP, these definitions, unless otherwise stated, apply wherever the terms appear in the UCP. eUCP Version 1.1 is specific to UCP 600 and, if necessary, may have
6、to be revised as technologies develop, perhaps prior to the next revision of the UCP. For that purpose, the eUCP is issued in version numbers that will allow for a revision and subsequent version if the need arises.The eUCP has been specifically drafted to be independent of specific technologies and
7、 developing electronic commerce systems, i.e., it does not address specific technologies or systems necessary to facilitate electronic presentation. These technologies are evolving, and it is left to the parties to the credit to agree on the technology or systems to be used for presentation of elect
8、ronic records in compliance with the requirements of the eUCP. The eUCP has been created to meet the demands of the market for the presentation of electronic documents. The market has created a higher standard in anticipation of increased processing efficiencies when the electronic equivalents of pa
9、per documents are presented. In anticipation of this demand and to meet market expectations, several changes to the standards established by the UCP have been deemed necessary for an electronic presentation. These changes are consistent with current practice and the expectations of the marketplace.A
10、ll of the articles of eUCP Version 1.1 are consistent with UCP 600 except as they relate specifically to electronic presentations. Where necessary, changes have been made to address the unique issues related to presentation of the electronic equivalent of paper documents.In order to avoid confusion
11、between the articles of the UCP and those of the eUCP, the eUCP articles are numbered with an “e” preceding each article number.Article e1: Scope of the eUCP a. The Supplement to the Uniform Customs and Practice for Documentary Credits for Electronic Presentation (“eUCP”) supplements the Uniform Cus
12、toms and Practice for Documentary Credits (2007 Revision ICC Publication No. 600,) ( “UCP”) in order to accommodate presentation of electronic records alone or in combination with paper documents. b. The eUCP shall apply as a supplement to the UCP where the credit indicates that it is subject to eUC
13、P. c. This version is Version 1.1. A credit must indicate the applicable version of the eUCP. If it does not do so, it is subject to the version in effect on the date the credit is issued or, if made subject to eUCP by an amendment accepted by the beneficiary, on the date of that amendment.第el条： 适用范
14、围a. UCP500电子交单增补（“eUCP”）旨在补充跟单信用证统一惯例（国际商会第500号出版物，1993年修订本）（“UCP”）以适用于电子记录的单独提交或与纸制单据联合提交。b. 当信用证表明受eUCP约束时，eUCP应作为UCP的增补适用。c. 本版本为1.0版。信用证必须表明其所适用的eUCP的版本。否则，受在信用证开立时有效版本的约束，或如果因受益人接受的修改而使信用证受eUCP的约束，则受在该修改之日有效版本约束。Article e2: Relationship of the eUCP to the UCPa. A credit subject to the eUCP (“eU
15、CP credit”) is also subject to the UCP without express incorporation of the UCP. b. Where the eUCP applies, its provisions shall prevail to the extent that they would produce a result different from the application of the UCP. c. If an eUCP credit allows the beneficiary to choose between presentatio
16、n of paper documents or electronic records and it chooses to present only paper documents, the UCP alone shall apply to that presentation. If only paper documents are permitted under an eUCP credit, the UCP alone shall apply. 第e2条：eUCP和UCP的关系a. 受eUCP约束的信用证（“eUCP信用证”）也应受UCP的约束，而无需明确订入信用证中。b. 如果适用eUCP
17、和UCP而产生不同的结果时，优先适用eUCP。c. 如果eUCP信用证允许受益人在交单时选择纸制单据或电子记录，受益人选择仅提交纸制单据，则该交单只适用UCP。如果eUCP信用证只允许提交纸制单据，则该交单只适用UCP。Article e3: Definitionsa. Where the following terms are used in the UCP, for the purposes of applying the UCP to an electronic record presented under an eUCP credit, the term:i. “appear on t
18、heir face” and the like shall apply to examination of the data content of an electronic record. ii. “document” shall include an electronic record.iii. “place for presentation” of electronic records means an electronic address.iv. “sign” and the like shall include an electronic signature.v. “superimp
19、osed”, “notation” or “stamped” means data content whose supplementary character is apparent in an electronic record. 第e3条：定义a. 为了使UCP适用于eUCP信用证项下的电子交单，在UCP中使用过的下列术语： i. “表面内容”及类似词语适用于电子记录数据内容的审核； ii. “单据”应包括电子记录； iii. 电子记录的“交单地点”意指电子地址； iv. “签名”及类似词语应包括电子签名； v. “附加的”、“批注”或“签章的”意指在电子记录中明显的补充性数据内容。b.
20、The following terms used in the eUCP shall have the following meanings:i.“electronic record” means data created, generated, sent, communicated, received or stored by electronic means that is capable of being authenticated as to the apparent identity of a sender and the apparent source of the data co
21、ntained in it, and as to whether it has remained complete and unaltered, and is capable of being examined for compliance with the terms and conditions of the eUCP credit.ii. “electronic signature” means a data process attached to or logically associated with an electronic record and executed or adop
22、ted by a person in order to identify that person and to indicate that persons authentication of the electronic record.iii. “format” means the data organization in which the electronic record is expressed or to which it refers.iv. “paper document” means a document in a traditional paper form.v. “rece
23、ived” means the time when an electronic record enters the information system of the applicable recipient in a form capable of being accepted by that system. Any acknowledgement of receipt does not imply acceptance or refusal of the electronic record under an eUCP credit. b. 在eUCP中使用的下列术语应具有如下含义： i.
24、“电子记录”意指：（a）以电子方式制作、生成、发送、传输、接收或保存的数据；（b）能够证实电子记录发送者的表面身份和数据内容的表面来源及其是否完整和未经更改的；及（c）能够审核其是否与eUCP信用证条款相符。ii. “电子签名”意指附属于或与一份电子记录逻辑关联的数据处理方式，被某个人执行或采用以表明签字人的身份以及对电子记录的证实； iii. “格式”意指电子记录表示或引用的数据组织形式； iv. “纸制单据”意指传统意义上纸面形式的单据； v. “收到”意指以系统可接收的格式做成的电子记录进入接收者信息系统的时间。eUCP信用证项下任何收讫通知并不意味着对电子记录的接受或拒绝。Articl
25、e e4: Format An eUCP credit must specify the formats in which electronic records are to be presented. If the format of the electronic record is not so specified, it may be presented in any format. 第e4条：格式 eUCP信用证必须指定所提交的电子记录的格式。如未指定，则可提交任何格式的电子记录。Article e5: Presentationa. An eUCP credit allowing pr
26、esentation of:i. electronic records must state a place for presentation of the electronic records. ii. both electronic records and paper documents must also state a place for presentation of the paper documents. b. Electronic records may be presented separately and need not be presented at the same
27、time. c.If an eUCP credit allows for presentation of one or more electronic records, the beneficiary is responsible for providing a notice to the bank to which presentation is made signifying when the presentation is complete. The notice of completeness may be given as an electronic record or paper
28、document and must identify the eUCP credit to which it relates. Presentation is deemed not to have been made if the beneficiarys notice is not received.d.i. Each presentation of an electronic record and the presentation of paper documents under an eUCP credit must identify the eUCP credit under whic
29、h it is presented. ii. A presentation not so identified may be treated as not received.e. If the bank to which presentation is to be made is open but its system is unable to receive a transmitted electronic record on the stipulated expiry date and/or the last day of the period of time after the date
30、 of shipment for presentation, as the case may be, the bank will be deemed to be closed and the date for presentation and/or the expiry date shall be extended to the first following banking day on which such bank is able to receive an electronic record. If the only electronic record remaining to be
31、presented is the notice of completeness, it may be given by telecommunications or by paper document and will be deemed timely, provided that it is sent before the bank is able to receive an electronic record.f. An electronic record that cannot be authenticated is deemed not to have been presented.第e
32、5条：交单a. eUCP信用证允许提交i. 电子记录，则必须注明电子记录的交单地点； ii.电子记录和纸制单据者，还必须注明纸制单据的交单地点。b. 电子记录可以分别提交，无须同时提交。c. 若eUCP信用证允许提交一条或多条电子记录，受益人有责任向接受交单的银行提供表明交单完毕的通知。该通知可以电子记录或纸制单据的方式做出，同时必须注明有关的eUCP信用证。如果银行未收到受益人的此项通知，将被视为未曾交单。d.i. 每笔电子记录的提交必须注明据以交单的eUCP信用证； ii. 未作上述注明的交单视同未曾交单。e. 在规定的到期日和或装运日以后交单期限的最后一天，若接收交单的银行正在营业中但它的系统不能接收电子记录，则该银行将被视为不营业，且交单期和/或到期日应顺延至该银行能够接收电子记录的第一个银行工作日。如果需要提交的电子记录只剩下交单完毕通知，它可以电讯或制纸单据做出，只要它是在银行能够接收电子记录之前发出，就应被认为是及时的。f. 若电子记录无法鉴别，
