【正文】 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. ? 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(dá)不確切、內(nèi)容已過時及與國際貿(mào)易實(shí)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(yùn)輸行單據(jù)條款 ( of UCP500) ? 刪除了運(yùn)輸單據(jù)之 “ 不得含有載運(yùn)船只僅以風(fēng)帆為動力的批注 ” ( of UCP500) ? 刪除了運(yùn)輸單據(jù)之額外費(fèi)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(shí)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(shí)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。making immediate payment39。 ? 從 A組到 G組分類的模塊式組合到流水式條款 ? 通俗易懂、簡約化的措辭 ? Nominated bank means the bank authorized in the credit to honour or negotiate or, in the case of a freely available credit, any bank. (UCP Draft June) ? Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank. (UCP Final Version) 2020/7/5 Yuqiang Copyright Reserved 15 UCP600產(chǎn)生的背景及過程 ? THIRD STEPCOOPERATION： ? 建立穩(wěn)定的三級合作機(jī)制 ? This revision of the UCP represents the culmination of over three years of extensive analysis, review, debate and promise amongst the various members of the Drafting Group, the members of the Banking Commission and the respective ICC national mittees. ——From Gary Collyer 2020/7/5 Yuqiang Copyright Reserved 16 UCP600與 UCP500的比較分析 ? Advising bank ? Applicant ? Banking day ? Beneficiary ? Complying presentation ? Confirmation ? Confirming bank ? Credit ? Honour ? Issuing bank ? Negotiation ? Nominated bank ? Presentation ? Presenter 第一次系統(tǒng)地對有關(guān)信用證的 14個概念進(jìn)行了定義 2020/7/5 Yuqiang Copyright Reserved 17 UCP600與 UCP500的比較分析 ? Article 2 Definitions ? For the purpose of these rules: ? Advising bank means the bank that advises the credit at the request of the issuing bank. ? Applicant means the party on whose request the credit is issued. 2020/7/5 Yuqiang Copyright Reserved 18 UCP600與 UCP500的比較分析 ? Banking day means a day on which a bank is regularly open at the place at which an act subject to these rules is to be performed. ? Beneficiary means the party in whose favour a credit is issued. 2020/7/5 Yuqiang Copyright Reserved 19 UCP600與 UCP500的比較分析 ? Complying presentation means a presentation that is in accordance with the terms and conditions of the credit, the applicable provisions of these rules and international standard banking practice. ? Confirmation means a definite undertaking of the confirming bank, in addition to that of the issuing bank, to honour or negotiate a plying presentation. 2020/7/5 Yuqiang Copyright Reserved 20 UCP600與 UCP500的比較分析 ? Confirming bank means the bank that adds its confirmation to a credit upon 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, accepti