【正文】 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. ? Presenter means a beneficiary, bank or other party that makes a presentation. 2020/7/5 Yuqiang Copyright Reserved 34 UCP600與 UCP500的比較分析 ? 刪除了那些表達不確切、內(nèi)容已過時及與國際貿(mào)易實務(wù)相脫節(jié)的條款 ? 條款總數(shù)由 UCP500的 49條縮減為 39條，且不再分類 ? 刪除了信用證 “ 可撤銷 ” 的概念 ( of UCP500) ? 刪除了運輸行單據(jù)條款 ( of UCP500) ? 刪除了運輸單據(jù)之 “ 不得含有載運船只僅以風(fēng)帆為動力的批注 ” ( of UCP500) ? 刪除了運輸單據(jù)之額外費用的列舉條款 ( of UCP500) 2020/7/5 Yuqiang Copyright Reserved 35 UCP600與 UCP500的比較分析 ? 確立了新的國際結(jié)算實務(wù)操作標(biāo)準(zhǔn) ? 銀行審核單據(jù)的時間縮短為 5天 ? A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is plying. 2020/7/5 Yuqiang Copyright Reserved 36 UCP600與 UCP500的比較分析 ? 明確了受益人對修改保持沉默不等于接受修改 ? A provision in an amendment to the effect that the amendment shall enter into force unless rejected by the beneficiary within a certain time shall be disregarded.() 2020/7/5 Yuqiang Copyright Reserved 37 UCP600與 UCP500的比較分析 ? 增加了實務(wù)操作性條款 ? 即使單據(jù)遺失，開證行也必須付款（ 35條） ? Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a plying presentation, the issuing bank must honour () ? An issuing bank is irrevocably bound to honour as of the time it issues the credit. () ? An issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a plying presentation and forwarded the documents to the issuing bank. () 2020/7/5 Yuqiang Copyright Reserved 38 ? An irrevocable Credit constitutesd a definite undertaking or 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( of UCP500) ? 如果發(fā)送單證相符單據(jù)給開證行的銀行是一家被指定銀行，而單據(jù)在途中遺失，那么開證行有責(zé)任付款，前提是單據(jù)以信用證規(guī)定的方式寄送，即當(dāng)信用證規(guī)定為掛號郵寄時，單據(jù)要按那種方式寄送，而不是通過快遞公司。 （第 21條） 2020/7/5 Yuqiang Copyright Reserved 43 UCP600與 UCP500的比較分析 ? 明確開證行可以作為轉(zhuǎn)讓行轉(zhuǎn)讓自己開立的信用證 ? Transferring bank means a nominated bank that transfers the credit or, in a credit available with any bank, a bank that is specifically authorized by the issuing bank to transfer and that transfers the credit. An issuing bank may be a transferring bank.() 2020/7/5 Yuqiang Copyright Reserved 44 UCP600與 UCP500的比較分析 ? 措辭更為簡潔、嚴(yán)格、清晰、與時俱進 ? 關(guān)于簡潔 ? If the bill of lading contains the indication “intended vessel”, or similar qualification in relation to the vessel, loading on board a named vessel must be evidenced by an on board notation on the bill of lading which, in addition to the date on which the goods have been loaded on board, also includes the name of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named as the “intended vessel”.( of UCP500) [字符數(shù)（不計空格） 360] 2020/7/5 Yuqiang Copyright Reserved 45 UCP600與 UCP500的比較分析 ? If the bill of lading contains the indication “intended vessel” or similar qualification in relation to the name of the vessel, an on board notation indicating the date of shipment and the name of the actual vessel is required. ( of UCP600) [字符數(shù)（不計空格） 189] 2020/7/5 Yuqiang Copyright Reserved 46 UCP600與 UCP500的比較分析 ? 關(guān)于嚴(yán)格 ? 拒付通知的格式及內(nèi)容： A single notice ? 關(guān)于清晰 ? 措辭 “ and/or”修訂為 “ or”，單、復(fù)數(shù)同義 ? Where applicable, words in the singular include the plural and in the plural include the singular. () ? 關(guān)于與時俱進 ? 銀行對因遭受恐怖襲擊 (acts of terrorism)導(dǎo)致銀行停業(yè)所造成后果的免責(zé) ? 刪除了信用證 “ 可撤銷 ” 的概念： A credit is irrevocable even if there is no indication to that effect. () 2020/7/5 Yuqiang Copyright Reserved 47 UCP600實施后對不同當(dāng)事人的影響 ? Applicant ? Beneficiary ? Presenter 2020/7/5 Yuqiang Copyright Reserved 48 UCP600實施后對不同當(dāng)事人的影響 ? 對申請人 ? Applicant means the party on whose request the credit is issued.（ Art. 2） 2020/7/5 Yuqiang Copyright Reserved 49 UCP600實施后對不同當(dāng)事人的影響 ? A credit by its nature is a separate transaction from the sale or other contract on which it may be based. … the undertaking of a bank to honour, to negotiate or to fulfil any other obligation under the credit is not subject to claims or defences by the applicant resulting from its relationships with the issuing bank or the beneficiary. (Art. 4) 2020/7/5 Yuqiang Copyright Reserved 50 UCP600實施后對不同當(dāng)事人的影響 ? A beneficiary can in no case avail itself of the contractual relationships existing between banks or between the applicant and the issuing bank. () 2020/7/5 Yuqiang Copyright Reserved 51 UCP600實施后對不同當(dāng)事人的影響 ? An issuing bank should discourage any attempt by the applicant to include, as an integral part of the credit, copies of the underlying contract, proforma invoice and the like. () 2020/7/5 Yuqiang Copyright Reserved 52 UCP600實施后對不同當(dāng)事人的影響 ? A credit must not be issued available by a draft drawn on the applicant. () 2020/7/5 Yuqiang Copyright Reserved 53 UCP600實施后對不同當(dāng)事人的影響 ? When the addresses of the beneficiary and the applicant appear in any stipulated document, they need not be the same as those stated in the credit or in any other stipulated document, but must be within the same country as the respective addresses mentioned in the credit. Contact details (telefax, telephone, and the like) stated as part of the beneficiary’s and the applicant’s address will be disregarded. However, when the address and contact details of the app