1、关于审核跟单信用证项下单据的国际标准银行实务ISBP英文版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”)IntroductionAt its May 2000 meeting the Commission on Banking Technique and Practice of theInternational Chamber of Commerce (th
2、e “ICC Banking Commission”) chartered a TaskForce to document international standard banking practice for the examination of documentsas 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
3、PublicationNo. 500 (UCP), the principles set forth here are likely to be generally applicable tosucceeding revisions, because this statement of practice is consistent with the UCP and theOpinions and Decisions of the ICC Banking Commission. The final product reflects the inputfrom ICC National Commi
4、ttees and individual ICC members. Grateful acknowledgement ismade 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 standardbanking practice as reflected in the articles of UCP. This document
5、 supplements and explainsthe practices on which the UCP is based and should not be viewed as an amendment to theUCP. Some of these practices are assumed in UCP, while others are implied, therefore thisdocument must be read in conjunction with the relevant UCP provisions.No exercise can anticipate al
6、l the terms or the documents that may be used in connection withdocumentary credits (“credits”) or their interpretation under the UCP and the standardpractice it reflects, much less the evolution of practice in response to changing commercialneeds. Nevertheless, a serious attempt has been made to ad
7、dress discrete issues thatcommonly arise but are not expressly treated in the UCP in light of the principles that shapestandard banking practice. The application of the UCP, and the practices documented in thispublication, should enable parties to deal successfully with almost any examinationeventua
8、lity.Apart from technical rules of standard practice it must be recognized that the successfulcompletion of a transaction also requires good faith on the part of all involved and theexercise of sound judgement.It must also be recognised that the credit can vary standard banking practice, as stated i
9、nArticle 1 of UCP. Any term in a credit which modifies or affects the applicability of the UCPwill also have an impact on the standard banking practices. Therefore, in consideringdocumentary compliance, parties must observe and take into account any term in a credit thatexpressly excludes or modifie
10、s a provision in an Article of the UCP. While this principle isassumed throughout this document, it is sometimes expressly stated for emphasis or toillustrate a principle. The absence of such a reference, however, does not imply that the termsof the credit may not override the general proposition st
11、ated in these practices.Document 470/951rev32This publication is organised into three parts. The first is “Preliminary Considerations”. Thesecond addresses ”General Principles” which may apply to any document. The third dealswith documents commonly required by credits.The International Standard Bank
12、ing Practice for the Examination of Documents articulatesinternational standard banking practice for issuers, nominated banks, and beneficiaries.Applicants, however, should not assume that they may rely on these provisions in order toexcuse their obligations to reimburse the issuer, since their obli
13、gations, rights, and remediesdepend 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 ofeach section i
14、s for reference as to intent and purpose only. It is not to be construed as otherthan solely for benefit or guidance. There should be no legal imputation.Document 470/951rev33PRELIMINARY CONSIDERATIONSThe Application and Issuance of the Credit1. The terms of a credit are independent of the underlyin
15、g transaction even if the creditexpressly refers to that transaction. To avoid unnecessary costs, delays, and disputes inthe examination of documents, however, the applicant and beneficiary should carefullyconsider which documents should be required, by whom they should be produced, andthe time fram
16、e 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 anissuer to supplement or develop the terms in a manner necessary or desirable to permitthe use of the
17、 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 produceunexpected results unless the applicant fully acquaints itself with these provisions. Forexample, in a credit requir
18、ing presentation of a marine bill of lading, a prohibitionagainst transhipment will have to specifically exclude UCP500 Sub-Article 23d. Astatement 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
19、 not require presentation of documents that are to be issued and/orcountersigned by the applicant. If the credit is issued including such terms, thebeneficiary must either seek amendment or comply with them and bears the risk of failureto do so.5. Many of the problems that arise at the examination s
20、tage could be avoided or resolved bycareful attention to detail in the underlying transaction, the credit application, andissuance of the credit as discussed.Document 470/951rev34GENERAL PRINCIPLESIssuer of Documents6. Where a credit indicates that a document is to be issued by a named entity, the c
21、onditionis satisfied if:a) the document appears to be issued by the named entity - i.e. on its letterhead orspecified form and, if required, appears to be signed by the named entity; orb) the document is issued on unheaded paper but within its body there is evidence ofcompletion by and/or signat
22、ure of the named entity.Language7. According to international standard banking practice, documents must be issued in thelanguage 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
23、two or more languages are acceptable, a nominated bank may in its advice of the creditlimit the number of acceptable languages as a condition of its engagement in their creditor confirmation.Dates8. Documents such as drafts, certificates, declarations, statements, transport documents andinsurance do
24、cuments must be dated and signed. Whether other documents require datingwill depend on the nature and content of the document in question. A requirement for adocument to be dated - other than those mentioned above - may be satisfied by linkagewithin its content to the date of another document formin
25、g part of the same presentation(e.g. where a shipping certificate will be issued which states “date as per bill of ladingnumber xxx” or similar).9. Documents may be issued after the date of shipment. However, the issuance date ofdocuments must not be later than the date the documents are presented.
26、Where a creditrequires 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 orcontent must indicate that inspection took place prior to or on the date of shipment.Document 470/951rev35
27、10. A document indicating a date of preparation and a date of signing is deemed to be issuedon the date of signing.11. The rule for presentation in sub-Article 43 (a) of UCP500 only applies to presentationsthat must contain original transport documents. The transport documents are those whichfall un
28、der 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 theevent until 2 days after the event. The term “within” when used in connection with a
29、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 advicemust not be dated prior to a specific date, the credit must so state. Where thedocument indicates that the event has already occurred, the time before can
30、 not beincluded.c) “at least 2 days before” indicates that something must take place not later than 2 daysbefore 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 bedetermined from the document or present
31、ation. For example, the 12th of November 2001could 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 beused instead of the number. ICC Opinion R 210.Title of Documents14. Documents should
32、 be titled as called for in the credit, or bear a title of similar intent, ormay be untitled. For example, a credit requirement for a “Packing List” may also besatisfied by a document titled “Packing Note” or “Packing and Weight List”, etc. Thecontent of a document must appear to fulfill the function of the required document. In theabove example it must include packing details.Document 470/951rev3615. If a document
