【正文】 the issuing bank’s authorization or request. ? Credit means any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a plying presentation. 2020/7/5 Yuqiang @ Copyright Reserved 21 UCP600與 UCP500的比較分析 ? Honour means: ? pay at sight if the credit is available by sight payment. ? incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. ? accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 2020/7/5 Yuqiang @ Copyright Reserved 22 UCP600與 UCP500的比較分析 ? Honour means: ? pay at sight if the credit is available by sight payment. ? incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. ? accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 2020/7/5 Yuqiang @ Copyright Reserved 23 ? Article 19. BanktoBank Reimbursement Arrangements ? a. If an Issuing Bank intends that the reimbursement to which a paying, accepting or negotiating bank is entitled, shall be obtained by such bank (the Claiming Bank), claiming on another party ( theReimbursing Bank), it shall provide such Reimbursing Bank in good time with the proper instructions or authorization to honour such reimbursement claims. (UCP500) ? 第十九條 銀行間的償付約定 ? a．開證行如欲通過另一銀行（償付行）對付款行、承兌行或議付行（均稱 “ 索償行 ” ）履行償付時(shí)，開證行應(yīng)及時(shí)向償付行發(fā)出對此類索償 予以償付 的適當(dāng)指示或授權(quán)。 2020/7/5 Yuqiang @ Copyright Reserved 24 ? hono(u)r ? 《 英漢簡明辭典 》 ? , 敬意 , 榮譽(yù) , 光榮 ? , 給以榮譽(yù) ? 《 現(xiàn)代英漢綜合大辭典 》 ? ...以光榮 。 禮遇 。 賜給 ? 尊敬 。 崇拜 ? 【 商 】 承兌 。 兌現(xiàn) ? hono(u)r a check 承兌支票 2020/7/5 Yuqiang @ Copyright Reserved 25 UCP600與 UCP500的比較分析 ? Honour means: ? pay at sight if the credit is available by sight payment. ? incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. ? accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 2020/7/5 Yuqiang @ Copyright Reserved 26 UCP600與 UCP500的比較分析 ? Issuing bank means the bank that issues a credit at the request of an applicant or on its own behalf. ? Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a plying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank. 2020/7/5 Yuqiang @ Copyright Reserved 27 UCP600與 UCP500的比較分析 ? 關(guān)于議付 ? UCP500 Article 10 （信用證的種類） ? Negotiation means the giving of value for Draft(s) and/or document(s) by the bank authorized to negotiate. Mere examination of the documents without giving of value does not constitute a negotiation. 2020/7/5 Yuqiang @ Copyright Reserved 28 UCP600與 UCP500的比較分析 UCP500 Article 9 （開證行與保兌行的責(zé)任） ? An irrevocable Credit constitutes a definite undertaking of the Issuing Bank, provided that the stipulated documents are presented to the Nominated Bank or to the Issuing Bank and that the terms and conditions of the Credit are plied with: If the Credit provides for negotiation to pay without recourse to drawers and/or bona fide holders, Draft(s) drawn by the Beneficiary and/or document(s) presented under the Credit 2020/7/5 Yuqiang @ Copyright Reserved 29 UCP600與 UCP500的比較分析 ? ICC Position Paper No 2 （第二號意見書） ? The Banking Commission wishes to clarify that for the purposes of UCP 500, the phrase 39。giving of value39。 in subArticle 10(b)(ii) may be interpreted as either 39。making immediate payment39。 (. by cash, by cheque, by remittance through a Clearing System or by credit to an account) or 39。undertaking an obligation to make payment39。 (other than giving a deferred payment undertaking or accepting a draft). 2020/7/5 Yuqiang @ Copyright Reserved 30 UCP600與 UCP500的比較分析 ICC Publication ：關(guān)于追索權(quán) ? 議付行在任何情況下均享有追索權(quán)，除非該行保兌了信用證（ The Commission finally decided to make a distinction between credits available through payment and credit available through negotiation. As to the former ( available through payment),any recourse by the advising bank vis224。vis the beneficiary was to be excluded if it had not expressed a reservation when making its payment. As to the latter credits ( available through negotiation), the advising bank always had a right of recourse, unless it had confirmed the credit”.） 2020/7/5 Yuqiang @ Copyright Reserved 31 UCP600與 UCP500的比較分析 ICC Publication R259： 議付的追索權(quán) ? 銀行提供議付時(shí)所要求的條件，即是否保留追索權(quán)，不能由 ICC來裁定。那些條件 取決于當(dāng)?shù)胤杉白h付行與出口商之間的關(guān)系 。 ? 應(yīng)由受益人來決定是否接受那些條件并在 “ 保留追索 ” 的條件下取得款項(xiàng)。 ? 在這些情況下，受益人最好使信用證可自由議付，以使他們能夠把單據(jù)提交給一家一旦接受單據(jù)將始終信守決定的被指定銀行。 2020/7/5 Yuqiang @ Copyright Reserved 32 ? 議付定義的演變 ? UCP500： Negotiation means the giving of value for Draft(s) and/or document(s) by the bank authorized to negotiate. Mere examination of the documents without giving of value does not constitute a negotiation. ? UCP600： Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a plying presentation, by advancing or agreeing to advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank. 2020/7/5 Yuqiang @ Copyright Reserved 33 UCP600與 UCP500的比較分析 ? Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank. ? Presentation means either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered. ? Presente