Леваневский Валерий Законодательство Беларуси 2011 год
Загрузить Adobe Flash Player

  Главная

  Законодательство РБ

  Кодексы Беларуси

  Законодательные и нормативные акты по дате принятия

  Законодательные и нормативные акты принятые различными органами власти

  Законодательные и нормативные акты по темам

  Законодательные и нормативные акты по виду документы

  Международное право в Беларуси

  Законодательство СССР

  Законы других стран

  Кодексы

  Законодательство РФ

  Право Украины

  Полезные ресурсы

  Контакты

  Новости сайта

  Поиск документа


Полезные ресурсы

- Таможенный кодекс таможенного союза

- Каталог предприятий и организаций СНГ

- Законодательство Республики Беларусь по темам

- Законодательство Республики Беларусь по дате принятия

- Законодательство Республики Беларусь по органу принятия

- Законы Республики Беларусь

- Новости законодательства Беларуси

- Тюрьмы Беларуси

- Законодательство России

- Деловая Украина

- Автомобильный портал

- The legislation of the Great Britain


Правовые новости





ИНСТРУКЦИЯ Национального банка Республики Беларусь от 02.09.1998 N 96 "О БАНКОВСКИХ ОПЕРАЦИЯХ ПО МЕЖДУНАРОДНЫМ РАСЧЕТАМ (ДОКУМЕНТАРНЫЕ АККРЕДИТИВЫ, ГАРАНТИИ, ИНКАССО)"

Документ утратил силу

Архив ноябрь 2011 года

<< Назад | <<< Главная страница

Стр. 5

| Стр.1 | Стр.2 | Стр.3 | Стр.4 | Стр.5 | Стр.6 | Стр.7 | Стр.8 | Стр.9 | Стр.10 | Стр.11 |

     Настоящим _____________________, именуемый(ая)   в   дальнейшем
              (наименование клиента)
 "принципал", обязуется возместить ____________________ по   первому
                                   (наименование банка)
 его требованию сумму (или  суммы), которую(ые) ____________________
                                                (наименование банка)
 может оказаться  вынужденным выплатить по какой-либо из выданных им
 или по его поручению другим банком гарантий по просьбе принципала в
 пользу  указанных  принципалом  лиц (бенефициаров).  В связи с этим
 принципал предоставляет _________________________ право списывать в
                           (наименование банка)
 надлежащих  случаях  выплаченные им суммы     с     текущего  счета
 принципала   в ____________________ N _________________.
                (наименование банка)

Настоящее обязательство вступает в силу с даты выдачи и будет действительно в течение срока действия обязательств ___________________ по выданным им по просьбе принципала гарантиям. (наименование банка)

Руководитель
Главный бухгалтер М.П.

Приложение 12


      Примерный текст поручения банку - корреспонденту на выдачу
            гарантии с предоставлением ему контргарантии

Our ref.________.
At the request of _____________, please issue on our responsibility in favour of __________ your guarantee in the following wording:
Quote (Text of Guarantee) Unquote
In consideration of your issuing your guarantee as above, we hereby give you our irrevocable counter-guarantee and undertake to pay you any amount up to ______________(____________________________) upon receipt by us in this office no later than _____________________ of your written request. Such request must be accompanied by your written statement that you have received a demand for payment under your guarantee in accordance with its terms.
Please confirm to us the issuance of your guarantee. _______________________________________________________________
Наш N ___
По поручению ___________ просим Вас под нашу ответственность выдать в пользу _________________ Вашу гарантию следующего содержания: (текст гарантии).
При выдаче Вами гарантии, как указано выше, мы настоящим предоставляем Вам нашу безотзывную контргарантию и принимаем на себя обязательство заплатить Вам любую сумму в пределах (________)_________ по получении нами в нашем банке не позднее ____________ Вашего письменного требования. Такое требование должно сопровождаться Вашим письменным заявлением, что Вам было предъявлено требование платежа по выданной Вами гарантии в соответствии с ее условиями.
Просим Вас подтвердить выдачу Вашей гарантии.

Приложение 13


    Примерная форма инкассового поручения (документарное инкассо)

SI¦Remittance for collection¦ ¦ un¦and/or acceptance ¦ ¦ bt¦Our N --------------- ¦ BANK ¦ je¦ --------------- ¦ ¦ er¦to be quoted in all ¦ ¦ cn¦correspondence ¦ ¦ ta+-------------------------+-------------------+------------------ t¦TO ti¦ADDRESS oo+---------------------------------------------------------------- n¦REMITTER/DRAWER PAYER/DRAWEE ta¦ hl+---------------------------------------------------------------- e ¦ C+-----+-------+---------+---------+-------+------+--------+------ Uh¦ ¦ ¦transport¦insurance¦packing¦certi-¦specifi-¦ na¦draft¦invoice¦documents¦policy ¦list ¦ficate¦cation ¦ im+-----+-------+---------+---------+-------+------+--------+------ fb+-----+-------+---------+---------+-------+------+--------+------ oe¦The second original of Bill of Lading will be sent to you by rr¦next air mail goods currency code m ¦ ------------ o¦ ¦ amount ¦ Rf+--T------------------------------+----T-------------+----------- u ¦ ¦Deliver documents against ¦ ¦Deliver documents against lC¦ ¦payment ¦ ¦acceptance eo+--+------------------------------+----+------------------------- sm¦ ¦Deliver documents without payment against firm's written m¦ ¦engagament to pay the sum of collection within _________ days fe+--+------------------------------------------------------------- or¦ ¦Hold the accepted draft(s) N ________________________________ rc¦ ¦in custody with you and at maturity present for payment e+--+------------------------------------------------------------- C,¦ ¦Return us the accepted draft(s) N ___________________________ o +--+------------------------------------------------------------- lb¦ ¦Please credit our account with you/__________________________ lr¦ ¦and advise/instructing them to advise us by air eo¦ ¦mail/telex/S.W.I.F.T. cc+--+------------------------------------------------------------- th¦ ¦Please ask your ____________________ Head office to authorize iu¦ ¦us to debit your/their account by air mail/telex/S.W.I.F.T. or+--+------------------------------------------------------------- ne¦ ¦Advise us of non-payment/non-acceptance by S.W.I.F.T./ ¦ ¦telex/air mail stating reasons (N+--+------------------------------------------------------------- 1 ¦ ¦Protest for non-payment. Return us draft(s) with act of 95¦ ¦protest unless otherwise instructed 92+--+------------------------------------------------------------- 52¦ ¦Please pay documents in account of your guarantee N _________ ) ¦ ¦of _________ for ________________ valid till ________________ ¦ ¦in case payer doesn't effect payment at maturity. r +--+------------------------------------------------------------- e ¦ ¦All your charges are for account of payer/drawee. v +--+------------------------------------------------------------- i ¦ ¦Charges not to be waived. s +--+------------------------------------------------------------- i ¦ ¦ALL THE CORRESPONDENCE RELATIVE TO THIS COLLECTION SHOULD BE o ¦ ¦SENT ONLY TO BANK n +--+------------------------------------------------------------- ) ¦ ¦OTHER INSTRUCTIONS: +--- Yours faithfully, +--------+-------------------------+-------------------+--------- ¦ ¦ Указанную сумму следует ¦ ¦ ¦ ¦ зачислить на счет N ¦ ¦ ¦ М.П. ¦ ¦ ¦ Подписи ---------+-------------------------+-------------------+---------

И1¦Инкассовое поручение ¦ ¦ н9¦ --------------- ¦ ¦ к9¦ N ¦Номер инкассо¦ ¦ БАНК ¦ а5¦ --------------- ¦ ¦ с ¦Указывается на всех ¦ ¦ сг¦документах ¦ Дата запроса ¦ Дата инкассо о.+-------------------------+-------------------+------------------ )¦ Наименование и адрес банка-нерезидента п +-----------------------+---------------------------------------- оп¦ наименование ¦ наименование и адрес плательщика ду¦ клиента-принципала ¦ чб+-----------------------+---------------------------------------- ил+------+-------+--------+T---------+---------+--------+--------T- ни¦тратта¦счет- ¦транспор-¦страховой¦упаковоч-¦сертифи-¦специфи-¦ як¦ ¦фактура¦тные ¦полис ¦ный лист ¦кат ¦кация ¦ еа¦ ¦ ¦документы¦ ¦ ¦ ¦ ¦ тц+------+-------+---------+---------+---------+--------+--------+- си¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ яя+------+-------+---------+---------+---------+--------+--------+- ¦Второй оригинал коносамента будет отослан Вам следующей почтой УМ¦ --------------- не¦ товар код валюты ¦Сумма инкассо¦ иж+--T------------------------------+----T----------+-------------- фд¦ ¦Выдать документы против ¦ ¦Выдать документы против иу¦ ¦платежа ¦ ¦акцепта цн+--+------------------------------+----+------------------------- иа¦ ¦Выдать документы против письменного обязательства фирмы рр¦ ¦оплатить сумму инкассо в течение ______________ дней. оо+--+------------------------------------------------------------- вд¦ ¦Держите акцептованную тратту(ты) N _________________________, ан¦ ¦а по наступлении срока предъявите к оплате. но+--+------------------------------------------------------------- нй¦ ¦Акцептованная тратта(ты) N ____ должна быть возвращена нам. ы +--+------------------------------------------------------------- мТ¦ ¦Кредитуйте наш счет у Вас/___________________________________ о¦ ¦и известите нас/поручите им известить нас авиапочтой/по пр¦ ¦телексу/S.W.I.F.T. рг+--+------------------------------------------------------------- ао¦ ¦Просите Ваш ______________________ головной офис уполномочить вв¦ ¦нас авиапочтой/по телексу/S.W.I.F.T. дебетовать Ваш/их счет. ио+--+------------------------------------------------------------- лй¦ ¦Сообщите нам о неоплате/неакцепте по S.W.I.F.T./телексу/ а ¦ ¦авиапочтой с указанием причин. мП+--+------------------------------------------------------------- а¦ ¦Опротестуйте в случае неплатежа. Верните наши тратты с пл¦ ¦приложением акта о неплатеже, если не будет других оа¦ ¦инструкций. т+--+------------------------------------------------------------- иы¦ ¦Оплатите документы в счет Вашей гарантии N __________________ н ¦ ¦от _________ на _________________, действительной до ________ кN¦ ¦в случае, если плательщик не осуществит платеж до наступления а ¦ ¦срока. с5+--+------------------------------------------------------------- с2¦ ¦Все Ваши расходы за счет плательщика/трассата. о2+--+------------------------------------------------------------- ¦ ¦Отказ от оплаты комиссии не допускается. ( +--+------------------------------------------------------------- р ¦ ¦Всю корреспонденцию, относящуюся к этому инкассо, следует е ¦ ¦направлять в БАНК д +--+------------------------------------------------------------- а ¦ ¦ДРУГИЕ ИНСТРУКЦИИ: к +--- С уважением, ц +--------+-------------------------+-------------------+--------- и ¦ ¦ Указанную сумму следует ¦ ¦ я ¦ ¦ зачислить на счет N ¦ ¦ ¦ М.П. ¦ ¦ ¦ Подписи ---------+-------------------------+-------------------+---------

Приложение 14


      Примерная форма инкассового поручения ("чистое" инкассо)

Remittance for collection
S(o Our N ¦ BANK ¦ u1f ¦ ¦ b9 to be quoted in all ¦ ¦ j9C correspondence ¦ ¦ Дата инкассо e5o -----------------------+---------------------+------------------ c m To trm ---------------------------------------------------------------- ee By order of our client ___________________________________ we tvr are forwarding herewith for collection cheque(s)/Bill of oic Exchange(s) accepted drawn on __________ tse ---------------------------------------------------------------- hi, PLEASE FOLLOW THE INSTRUCTIONS MARKED "X" eo -----+----------------------------------------------------------- nb¦ ¦Please credit our account with you/_____________________ U)r¦ ¦and advise/instructing them to advise us by air mail/telex/ nIo¦ ¦S.W.I.F.T. inc+----+----------------------------------------------------------- fth¦ ¦Authorize us by S.W.I.F.T./telex/air mail to debit your oeu¦ ¦account with us with proceeds rrr+----+----------------------------------------------------------- mne¦ ¦Advise us of non-payment by S.W.I.F.T./telex/air mail, a ¦ ¦stating reasons RtN+----+----------------------------------------------------------- ui ¦ ¦Protest for non-payment or effect any other action lo5¦ ¦foreseen by law reserving the right of regresso against en2¦ ¦cheque-drawer/drawee for Bill of Exchange sa2+----+----------------------------------------------------------- l ¦ ¦Return us Bill of Exchange with act of protest unless f ¦ ¦otherwise instructed oC +----+----------------------------------------------------------- rh ¦ ¦All your charges are for account of payer a -----+----------------------------------------------------------- Cm ob No(s) of cheque(s) amount maturity date le lr Bill of Exchange e c t Yours faithfully, i o Signatures: n

Инкассовое поручение
------------- ¦ ¦ N ------------- ¦ БАНК ¦ ¦ ¦ Указывается на всех ¦ ¦ Дата инкассо документах ¦ ¦ -----------------------+-----------------------+---------------- Наименование инкассирующего (представляющего) банка ---------------------------------------------------------------- По поручению нашего клиента ____________________________________ мы настоящим направляем на инкассо акцептованный(е) чек(и)/ вексель(ля), выписанный(е) на __________. ---------------------------------------------------------------- ИУп1МП нно9еа СЛЕДУЙТЕ ИНСТРУКЦИЯМ, ПОМЕЧЕННЫМ "X" ки 9жл-----+------------------------------------------------------- афи5да¦ ¦Кредитуйте наш счет у Вас/ _____________________ и син ут¦ ¦известите нас/поручите им известить нас авиапочтой/по сцкгны¦ ¦телексу/S.W.I.F.T. оиа.а +----+------------------------------------------------------- рс)рN¦ ¦Разрешите нам дебетовать на требуемую сумму Ваш счет пос о ¦ ¦у нас. овопд5+----+------------------------------------------------------- да ун2¦ ¦Известите нас об отказе в платеже по S.W.I.F.T. чн(бо2¦ ¦/телексу/ авиапочтой, указав причины. инрлй +----+------------------------------------------------------- ныеи ¦ ¦В случае неплатежа заявите протест или предпримите ямдкТ ¦ ¦другие действия, предусмотренные законодательством для е аао ¦ ¦осуществления права регресса к чекодателю/трассату. тпкцр +----+------------------------------------------------------- срциг ¦ ¦Верните нам вексель с приложением акта о протесте, если яаияо ¦ ¦не указано иное. вя в +----+------------------------------------------------------- и о ¦ ¦Все Ваши расходы возмещаются за счет плательщиков. л й -----+------------------------------------------------------- а м
N чека(ов) сумма дата оплаты
Вексель
С уважением, Подписи:

Приложение 15


ДОКУМЕНТЫ, ИСПОЛЬЗУЕМЫЕ ПРИ ОСУЩЕСТВЛЕНИИ ОПЕРАЦИЙ ПО АККРЕДИТИВАМ, ГАРАНТИЯМ И ИНКАССО


1. УНИФИЦИРОВАННЫЕ ПРАВИЛА И ОБЫЧАИ ДЛЯ ДОКУМЕНТАРНЫХ АККРЕДИТИВОВ МЕЖДУНАРОДНОЙ ТОРГОВОЙ ПАЛАТЫ В РЕДАКЦИИ 1993 ГОДА, ПУБЛИКАЦИЯ N 500 (текст на английском языке и перевод на русский язык)


ICC UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS UCP 500


A. General Provisions and Definitions


Article 1. Application of UCP


The Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication N500, shall apply to all Documentary Credits (including to the extent to which they may be applicable, Standby Letter(s) of Credit) where they are incorporated into the text of the Credit. They are binding on all parties thereto, unless otherwise expressly stipulated in the Credit.


Article 2. Meaning of Credit


For the purposes of these Articles, the expressions "Documentary Credit(s)" and "Standby Letter(s) of Credit" (hereinafter referred to as "Credit(s)"), mean any arrangement, however named or described, whereby a bank (the "Issuing Bank") acting at the request and on the instructions of a customer (the "Applicant") or on its own behalf,

i. is to make a payment to or to the order of a third party (the "Beneficiary"), or

is to accept and pay bills of exchange (Draft(s)) drawn by the Beneficiary, or

ii. authorizes another bank to effect such payment, or

to accept and pay such bills of exchange (Draft(s)), or

iii. authorizes another bank to negotiate, against stipulated document(s), provided that the terms and conditions of the Credit are complied with. For the purposes of these Articles, branches of a bank in different countries are considered another bank.


Article 3. Credits v. Contracts


a. Credits, by their nature, are separate transactions from the sales or other contract(s) on which they may be based and banks are in no way concerned with or bound by such contract(s), even if any reference whatsoever to such contract(s) is included in the Credit. Consequently, the undertaking of a bank to pay, accept and pay Draft(s) or negotiate and/or to fulfill any other obligation under the Credit, is not subject to claims or defenses by the Applicant resulting from his relationships with the Issuing Bank or the Beneficiary.

b. A Beneficiary can in no case avail himself of the contractual relationships existing between the banks or between the Applicant and the Issuing Bank.


Article 4. Documents v. Goods/Services/Performances


In Credit operations all parties concerned deal with documents, and not with goods, services and/or other performances to which the documents may relate.


Article 5. Instructions to Issue/Amend Credits


a. Instructions for the issuance of a Credit, the Credit itself, instructions for an amendment thereto, and the amendment itself, must be complete and precise.

In order to guard against confusion and misunderstanding, banks should discourage any attempt:

i. to include excessive detail in the Credit or in any amendment thereto;

ii. to give instructions to issue, advise or confirm a Credit by reference to a Credit previously issued (similar Credit) where such previous Credit has been subject to accepted amendment(s), and/or unaccepted amendment(s).

b. All instructions for the issuance of a Credit and the Credit itself and, where applicable, all instructions for an amendment thereto and the amendment itself, must state precisely the document(s) against which payment, acceptance or negotiation is to be made.


B. Form and Notification of Credits


Article 6. Revocable v. Irrevocable Credits


a. A Credit may be either

i. revocable, or

ii. irrevocable.

b. The Credit, therefore, should clearly indicate whether it is revocable or irrevocable.

c. In the absence of such indication the Credit shall be deemed to be irrevocable.


Article 7. Advising Bank's Liability


a. A Credit may be advised to a Beneficiary through another bank (the "Advising Bank") without engagement on the part of the Advising Bank, but that bank, if it elects to advise the Credit, shall take reasonable care to check the apparent authenticity of the Credit which it advises. If the bank elects not to advise the Credit, it must so inform the Issuing Bank without delay.

b. If the Advising Bank cannot establish such apparent authenticity it must inform, without delay, the bank from which the instructions appear to have been received that it has been unable to establish the authenticity of the Credit and if it elects nonetheless to advise the Credit it must inform the Beneficiary that it has not been able to establish the authenticity of the Credit.


Article 8. Revocation of a Credit


a. A revocable Credit may be amended or canceled by the Issuing Bank at any moment and without prior notice to the Beneficiary.

b. However, the Issuing Bank must:

i. reimburse another bank with which a revocable Credit has been made available for sight payment, acceptance or negotiation - for any payment, acceptance or negotiation made by such bank - prior to receipt by it of notice of amendment or cancellation, against documents which appear on their face to be in compliance with the terms and conditions of the Credit;

ii. reimburse another bank with which a revocable Credit has been made available for deferred payment, if such a bank has, prior to receipt by it of notice of amendment or cancellation, taken up documents which appear on their face to be in compliance with the terms and conditions of the Credit.


Article 9. Liability of Issuing and Confirming Banks


a. 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 complied with:

i. if the Credit provides for sight payment - to pay at sight;

ii. if the Credit provides for deferred payment - to pay on the maturity date(s) determinable in accordance with the stipulations of the Credit;

iii. if the Credit provides for acceptance:

a. by the Issuing Bank - to accept Draft(s) drawn by the Beneficiary on the Issuing Bank and pay them at maturity, or

b. by another drawee bank - to accept and pay at maturity Draft(s) drawn by the Beneficiary on the Issuing Bank in the event the drawee bank stipulated in the Credit does not accept Draft(s) drawn on it, or to pay Draft(s) accepted but not paid by such drawee bank at maturity;

iv. 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. A Credit should not be issued available by Draft(s) on the Applicant. If the Credit nevertheless calls for Draft(s) on the Applicant, banks will consider such Draft(s) as an additional document(s).

c. i. If another bank is authorized or requested by the Issuing Bank to add its confirmation to a Credit but is not prepared to do so, it must so inform the Issuing Bank without delay.

ii. Unless the Issuing Bank specifies otherwise in its authorization or request to add confirmation, the Advising Bank may advise the Credit to the Beneficiary without adding its confirmation.

d. i. Except as otherwise provided by Article 48, an irrevocable Credit can neither be amended nor canceled without the agreement of the Issuing Bank, the Confirming Bank, if any, and the Beneficiary.

ii. The Issuing Bank shall be irrevocably bound by an amendment(s) issued by it from the time of the issuance of such amendment(s). A Confirming Bank may extend its confirmation to an amendment and shall be irrevocably bound as of the time of its advice of the amendment. A Confirming Bank may, however, choose to advise an amendment to the Beneficiary without extending its confirmation and if so, must inform the Issuing Bank and the Beneficiary without delay.

iii. The terms of the original Credit (or a Credit incorporating previously accepted amendment(s)) will remain in force for the Beneficiary until the Beneficiary communicates his acceptance of the amendment to the bank that advised such amendment. The Beneficiary should give notification of acceptance or rejection of amendment(s). If the Beneficiary fails to give such notification, the tender of documents to the Nominated Bank or Issuing Bank, that conform to the Credit and to not yet accepted amendment(s), will be deemed to be notification of acceptance by the Beneficiary of such amendment(s) and as of that moment the Credit will be amended.

iv. Partial acceptance of amendments contained in one and the same advice of amendment is not allowed and consequently will not be given any effect.


Article 10. Types of Credit


a. All Credits must clearly indicate whether they are available by sight payment, by deferred payment, by acceptance or by negotiation.

b. i. Unless the Credit stipulates that it is available only with the Issuing Bank, all Credits must nominate the bank (the "Nominated Bank") which is authorized to pay, to incur a deferred payment undertaking, to accept Draft(s) or to negotiate. In a freely negotiable Credit, any bank is a Nominated Bank. Presentation of documents must be made to the Issuing Bank or the Confirming Bank, if any, or any other Nominated Bank.

ii. 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.

c. Unless the Nominated Bank is the Confirming Bank, nomination by the Issuing Bank does not constitute any undertaking by the Nominated Bank to pay, to incur a deferred payment undertaking, to accept Draft(s), or to negotiate. Except where expressly agreed to by the Nominated Bank and so communicated to the Beneficiary, the Nominated Bank's receipt of and/or examination and/or forwarding of the documents does not make that bank liable to pay, to incur a deferred payment undertaking, to accept Draft(s), or to negotiate.

d. By nominating another bank, or by allowing for negotiation by any bank, or by authorizing or requesting another bank to add its confirmation, the Issuing Bank authorizes such bank to pay, accept Draft(s) or negotiate as the case may be, against documents which appear on their face to be in compliance with the terms and conditions of the Credit and undertakes to reimburse such bank in accordance with the provisions of these Articles.


Article 11. Teletransmitted and Pre-Advised Credits


a. i. When an Issuing Bank instructs an Advising Bank by an authenticated teletransmission to advise a Credit or an amendment to a Credit, the teletransmission will be deemed to be the operative Credit instrument or the operative amendment, and no mail confirmation should be sent. Should a mail confirmation nevertheless be sent, it will have no effect and the Advising Bank will have no obligation to check such mail confirmation against the operative Credit instrument or the operative amendment received by teletransmission.

ii. If the teletransmission states "full details to follow" (or words of similar effect) or states that the mail confirmation is to be the operative Credit instrument or the operative amendment, then the teletransmission will not be deemed to be the operative Credit instrument or the operative amendment. The Issuing Bank must forward the operative Credit instrument or the operative amendment to such Advising Bank without delay.

b. If a bank uses the services of an Advising Bank to have the Credit advised to the Beneficiary, it must also use the services of the same bank for advising an amendment(s).

c. A preliminary advice of the issuance or amendment of an irrevocable Credit (pre-advice), shall only be given by an Issuing Bank if such bank is prepared to issue the operative Credit instrument or the operative amendment thereto. Unless otherwise stated in such preliminary advice by the Issuing Bank, an Issuing Bank having given such pre-advice shall be irrevocably committed to issue or amend the Credit, in terms not inconsistent with the preadvice, without delay.


Article 12. Incomplete or Unclear Instructions


If incomplete or unclear instructions are received to advise, confirm or amend a Credit, the bank requested to act on such instructions may give preliminary notification to the Beneficiary for information only and without responsibility. This preliminary notification should state clearly that the notification is provided for information only and without the responsibility of the Advising Bank. In any event, the Advising Bank must inform the Issuing Bank of the action taken and request it to provide the necessary information.

The Issuing Bank must provide the necessary information without delay. The Credit will be advised, confirmed or amended, only when complete and clear instructions have been received and if the Advising Bank is then prepared to act on the instructions.


C. Liabilities and Responsibilities


Article 13. Standard for Examination of Documents


a. Banks must examine all documents stipulated in the Credit with reasonable care, to ascertain whether or not they appear, on their face, to be in compliance with the terms and conditions of the Credit. Compliance of the stipulated documents on their face with the terms and conditions of the Credit, shall be determined by international standard banking practice as reflected in these Articles. Documents which appear on their face to be inconsistent with one another will be considered as not appearing on their face to be in compliance with the terms and conditions of the Credit.

Documents not stipulated in the Credit will not be examined by banks. If they receive such documents, they shall return them to the presenter or pass them on without responsibility.

b. The Issuing Bank, the Confirming Bank, if any, or a Nominated Bank acting on their behalf, shall each have a reasonable time, not to exceed seven banking days following the day of receipt of the documents, to examine the documents and determine whether to take up or refuse the documents and to inform the party from which it received the documents accordingly.

c. If a Credit contains conditions without stating the document(s) to be presented in compliance therewith, banks will deem such conditions as not stated and will disregard them.


Article 14. Discrepant Documents and Notice


a. When the Issuing Bank authorises another bank to pay, incur a deferred payment undertaking, accept Draft(s), or negotiate against documents which appear on their face to be in compliance with the terms and conditions of the Credit, the Issuing Bank and the Confirming Bank, if any, are bound:

i. to reimburse the Nominated Bank which has paid, incurred a deferred payment undertaking, accepted Draft(s), or negotiated,

ii. to take up the documents.

b. Upon receipt of the documents the Issuing Bank and/or Confirming Bank, if any, or a Nominated Bank acting on their behalf, must determine on the basis of the documents alone whether or not they appear on their face to be in compliance with the terms and conditions of the Credit. If the documents appear on their face not to be in compliance with the terms and conditions of the Credit, such banks may refuse to take up the documents.

c. If the Issuing Bank determines that the documents appear on their face not to be in compliance with the terms and conditions of the Credit, it may in its sole judgment approach the Applicant for a waiver of the discrepancy(ies). This does not, however, extend the period mentioned in sub-Article 13 (b).

d. i. If the Issuing Bank and/or Confirming Bank, if any, or a Nominated Bank acting on their behalf, decides to refuse the documents, it must give notice to that effect by telecommunication or, if that is not possible, by other expeditious means, without delay but no later than the close of the seventh banking day following the day of receipt of the documents. Such notice shall be given to the bank from which it received the documents, or to the Beneficiary, if it received the documents directly from him.

ii. Such notice must state all discrepancies in respect of which the bank refuses the documents and must also state whether it is holding the documents at the disposal of, or is returning them to, the presenter.

iii. The Issuing Bank and/or Confirming Bank, if any, shall then be entitled to claim from the remitting bank refund, with interest, of any reimbursement which has been made to that bank.

e. If the Issuing Bank and/or Confirming Bank, if any, fails to act in accordance with the provisions of this Article and/or fails to hold the documents at the disposal of, or return them to the presenter, the Issuing Bank and/or Confirming Bank, if any, shall be precluded from claiming that the documents are not in compliance with the terms and conditions of the Credit.

f. If the remitting bank draws the attention of the Issuing Bank and/or Confirming Bank, if any, to any discrepancy(ies) in the document(s) or advises such banks that it has paid, incurred a deferred payment undertaking, accepted Draft(s) or negotiated under reserve or against an indemnity in respect of such discrepancy(ies), the Issuing Bank and/or Confirming Bank, if any, shall not be thereby relieved from any of their obligations under any provision of this Article. Such reserve or indemnity concerns only the relations between the remitting bank and the party towards whom the reserve was made, or from whom, or on whose behalf, the indemnity was obtained.


Article 15. Disclaimer on Effectiveness of Documents


Banks assume no liability or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document(s), or for the general and/or particular conditions stipulated in the document(s) or superimposed thereon; nor do they assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any document(s), or for the good faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignees or the insurers of the goods, or any other person whomsoever.


Article 16. Disclaimer on the Transmission of Messages


Banks assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any message(s), letter(s) or document(s), or for delay, mutilation or other error(s) arising in the transmission of any telecommunication. Banks assume no liability or responsibility for errors in translation and/or interpretation of technical terms, and reserve the right to transmit Credit terms without translating them.


Article 17. Force Majeure


Banks assume no liability or responsibility for the consequences arising out of the interruption of their business by Acts of God, riots, civil commotions, insurrections, wars or any other causes beyond their control, or by any strikes or lockouts. Unless specifically authorized, banks will not, upon resumption of their business, pay, incur a deferred payment undertaking, accept Draft(s) or negotiate under Credits which expired during such interruption of their business.


Article 18. Disclaimer for Acts of an Instructed Party


a. Banks utilizing the services of another bank or other banks for the purpose of giving effect to the instructions of the Applicant do so for the account and at the risk of such Applicant.

b. Banks assume no liability or responsibility should the instructions they transmit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).

c. i. A party instructing another party to perform services is liable for any charges, including commissions, fees, costs or expenses incurred by the instructed party in connection with its instructions.

ii. Where a Credit stipulates that such charges are for the account of a party other than the instructing party, and charges cannot be collected, the instructing party remains ultimately liable for the payment thereof.

d. The Applicant shall be bound by and liable to indemnify the banks against all obligations and responsibilities imposed by foreign laws and usage.


Article 19. Bank-to-Bank 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 (the "Reimbursing Bank"), it shall provide such Reimbursing Bank in good time with the proper instructions or authorization to honour such reimbursement claims.

b. Issuing Banks shall not require a Claiming Bank to supply a certificate of compliance with the terms and conditions of the Credit to the Reimbursing Bank.

c. An Issuing Bank shall not be relieved from any of its obligations to provide reimbursement if and when reimbursement is not received by the Claiming Bank from the Reimbursing Bank.

d. The Issuing Bank shall be responsible to the Claiming Bank for any loss of interest if reimbursement is not provided by the Reimbursing Bank on first demand, or as otherwise specified in the Credit, or mutually agreed, as the case may be.

e. The Reimbursing Bank's charges should be for the account of the Issuing Bank. However, in cases where the charges are for the account of another party, it is the responsibility of the Issuing Bank to so indicate in the original Credit and in the reimbursement authorization. In cases where the Reimbursing Bank's charges are for the account of another party they shall be collected from the Claiming Bank when the Credit is drawn under. In cases where the Credit is not drawn under, the Reimbursing Bank's charges remain the obligation of the Issuing Bank.


D. Documents


Article 20. Ambiguity as to the Issuers of Documents


a. Terms such as "first class", "well known", "qualified", "independent", "official", "competent", "local" and the like, shall not be used to describe the issuers of any document(s) to be presented under a Credit. If such terms are incorporated in the Credit, banks will accept the relative document(s) as presented, provided that it appears on its face to be in compliance with the other terms and conditions of the Credit and not to have been issued by the Beneficiary.

b. Unless otherwise stipulated in the Credit, banks will also accept as an original document(s), a document(s) produced or appearing to have been produced:

i. by reprographic, automated or computerized systems;

ii. as carbon copies;

provided that it is marked as original and, where necessary, appears to be signed.

A document may be signed by handwriting, by facsimile signature, by perforated signature, by stamp, by symbol, or by any other mechanical or electronic method of authentication.

c. i. Unless otherwise stipulated in the Credit, banks will accept as a copy(ies), a document(s) either labeled copy or not marked as an original - a copy(ies) need not be signed.

ii. Credits that require multiple document(s) such as "duplicate", "two fold", "two copies" and the like, will be satisfied by the presentation of one original and the remaining number in copies except where the document itself indicates otherwise.

d. Unless otherwise stipulated in the Credit, a condition under a Credit calling for a document to be authenticated, validated, legalized, visaed, certified or indicating a similar requirement, will be satisfied by any signature, mark, stamp or label on such document that on its face appears to satisfy the above condition.


Article 21. Unspecified Issuers or Contents of Documents


When documents other than transport documents, insurance documents and commercial invoices are called for, the Credit should stipulate by whom such documents are to be issued and their wording or data content. If the Credit does not so stipulate, banks will accept such documents as presented, provided that their data content is not inconsistent with any other stipulated document presented.


Article 22. Issuance Date of Documents v. Credit Date


Unless otherwise stipulated in the Credit, banks will accept a document bearing a date of issuance prior to that of the Credit, subject to such document being presented within the time limits set out in the Credit and in these Articles.


Article 23. Marine/Ocean Bill of Lading


a. If a Credit calls for a bill of lading covering a port-to-port shipment, banks will, unless otherwise stipulated in the Credit, accept a document, however named, which:

i. appears on its face to indicate the name of the carrier and to have been signed or otherwise authenticated by:

- the carrier or a named agent for or on behalf of the carrier, or

- the master or a named agent for or on behalf of the master. Any signature or authentication of the carrier or master must be identified as carrier or master, as the case may be. An agent signing or authenticating for the carrier or master must also indicate the name and the capacity of the party, i.e. carrier or master, on whose behalf that agent is acting, and

ii. indicates that the goods have been loaded on board, or shipped on a named vessel.

Loading on board or shipment on a named vessel may be indicated by pre-printed wording on the bill of lading that the goods have been loaded on board a named vessel or shipped on a named vessel, in which case the date of issuance of the bill of lading will be deemed to be the date of loading on board and the date of shipment.

In all other cases loading on board a named vessel must be evidenced by a notation on the bill of lading which gives the date on which the goods have been loaded on board, in which case the date of the on board notation will be deemed to be the date of shipment.

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".

If the bill of lading indicates a place of receipt or taking in charge different from the port of loading, the on board notation must also include the port of loading stipulated in the Credit and the name of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named in the bill of lading. This provision also applies whenever loading on board the vessel is indicated by pre-printed wording on the bill of lading, and

iii. indicates the port of loading and the port of discharge stipulated in the Credit, notwithstanding that it:

a. indicates a place of taking in charge different from the port of loading, and/or a place of final destination different from the port of discharge, and/or

b. contains the indication "intended" or similar qualification in relation to the port of loading and/or port of discharge, as long as the document also states the ports of loading and/or discharge stipulated in the Credit, and

iv. consists of a sole original bill of lading or, if issued in more than one original, the full set as so issued, and

v. appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or document other than the bill of lading (short form/blank back bill of lading); banks will not examine the contents of such terms and conditions, and

vi. contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is propelled by sail only, and

vii. in all other respects meets the stipulations of the Credit.

b. For the purpose of this Article, transshipment means unloading and reloading from one vessel to another vessel during the course of ocean carriage from the port of loading to the port of discharge stipulated in the Credit.

c. Unless transshipment is prohibited by the terms of the Credit, banks will accept a bill of lading which indicates that the goods will be transshipped, provided that the entire ocean carriage is covered by one and the same bill of lading.

d. Even if the Credit prohibits transshipment, banks will accept a bill of lading which:

i. indicates that transshipment will take place as long as the relevant cargo is shipped in Container(s), Trailer(s) and/or "LASH" barge(s) as evidenced by the bill of lading, provided that the entire ocean carriage is covered by one and the same bill of lading, and/or

ii. incorporates clauses stating that the carrier reserves the right to transship.


Article 24. Non-Negotiable Sea Waybill


a. If a Credit calls for a non-negotiable sea waybill covering a port-to-port shipment, banks will, unless otherwise stipulated in the Credit, accept a document, however named, which:

i. appears on its face to indicate the name of the carrier and to have been signed or otherwise authenticated by:

- the carrier or a named agent for or on behalf of the carrier, or

- the master or a named agent for or on behalf of the master, Any signature or authentication of the carrier or master must be identified as carrier or master, as the case may be. An agent signing or authenticating for the carrier or master must also indicate the name and the capacity of the party, i.e. carrier or master, on whose behalf that agent is acting, and

ii. indicates that the goods have been loaded on board, or shipped on a named vessel.

Loading on board or shipment on a named vessel may be indicated by pre-printed wording on the non-negotiable sea waybill that the goods have been loaded on board a named vessel or shipped on a named vessel, in which case the date of issuance of the non-negotiable sea waybill will be deemed to be the date of loading on board and the date of shipment.

In all other cases loading on board a named vessel must be evidenced by a notation on the non-negotiable sea waybill which gives the date on which the goods have been loaded on board, in which case the date of the on board notation will be deemed to be the date of shipment.

If the non-negotiable sea waybill 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 non-negotiable sea waybill which, in addition to the date on which the goods have been loaded on board, 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".

If the non-negotiable sea waybill indicates a place of receipt or taking in charge different from the port of loading, the on board notation must also include the port of loading stipulated in the Credit and the name of the vessel on which the goods have been loaded, even if they have been loaded on a vessel named in the non-negotiable sea waybill. This provision also applies whenever loading on board the vessel is indicated by pre-printed wording on the non-negotiable sea waybill, and

iii. indicates the port of loading and the port of discharge stipulated in the Credit, notwithstanding that it:

a. indicates a place of taking in charge different from the port of loading, and/or a place of final destination different from the port of discharge, and/or

b. contains the indication "intended" or similar qualification in relation to the port of loading and/or port of discharge, as long as the document also states the ports of loading and/or discharge stipulated in the Credit, and

iv. consists of a sole original non-negotiable sea waybill, or if issued in more than one original, the full set as so issued, and

v. appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or document other than the non-negotiable sea waybill (short form/blank back non-negotiable sea waybill); banks will not examine the contents of such terms and conditions, and

vi. contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is propelled by sail only, and

vii. in all other respects meets the stipulations of the Credit.

b. For the purpose of this Article, transshipment means unloading and reloading from one vessel to another vessel during the course of ocean carriage from the port of loading to the port of discharge stipulated in the Credit.

c. Unless transshipment is prohibited by the terms of the Credit, banks will accept a non-negotiable sea waybill which indicates that the goods will be transshipped, provided that the entire ocean carriage is covered by one and the same non-negotiable sea waybill.

d. Even if the Credit prohibits transshipment, banks will accept a non-negotiable sea waybill which:

i. indicates that transshipment will take place as long as the relevant cargo is shipped in Container(s), Trailer(s) and/or "LASH" barge(s) as evidenced by the non-negotiable sea waybill, provided that the entire ocean carriage is covered by one and the same non-negotiable sea waybill, and/or

ii. incorporates clauses stating that the carrier reserves the right to transship.


Article 25. Charter Party Bill of Lading


a. If a Credit calls for or permits a charter party bill of lading, banks will, unless otherwise stipulated in the Credit, accept a document, however named, which:

i. contains any indication that it is subject to a charter party, and

ii. appears on its face to have been signed or otherwise authenticated by:

- the master or a named agent for or on behalf of the master, or

- the owner or a named agent for or on behalf of the owner.

Any signature or authentication of the master or owner must be identified as master or owner as the case may be. An agent signing or authenticating for the master or owner must also indicate the name and the capacity of the party, i.e. master or owner, on whose behalf that agent is acting, and

iii. does or does not indicate the name of the carrier, and

iv. indicates that the goods have been loaded on board or shipped on a named vessel.

Loading on board or shipment on a named vessel may be indicated by pre-printed wording on the bill of lading that the goods have been loaded on board a named vessel or shipped on a named vessel, in which case the date of issuance of the bill of lading will be deemed to be the date of loading on board and the date of shipment.

In all other cases loading on board a named vessel must be evidenced by a notation on the bill of lading which gives the date on which the goods have been loaded on board, in which case the date of the on board notation will be deemed to be the date of shipment, and

v. indicates the port of loading and the port of discharge stipulated in the Credit, and

vi. consists of a sole original bill of lading or, if issued in more than one original, the full set as so issued, and

vii. contains no indication that the carrying vessel is propelled by sail only, and

viii. in all other respects meets the stipulations of the Credit.

b. Even if the Credit requires the presentation of a charter party contract in connection with a charter party bill of lading, banks will not examine such charter party contract, but will pass it on without responsibility on their part.


Article 26. Multimodal Transport Document


a. If a Credit calls for a transport document covering at least two different modes of transport (multimodal transport), banks will, unless otherwise stipulated in the Credit, accept a document, however named, which:

i. appears on its face to indicate the name of the carrier or multimodal transport operator and to have been signed or otherwise authenticated by:

- the carrier or multimodal transport operator or a named agent for or on behalf of the carrier or multimodal transport operator, or

- the master or a named agent for or on behalf of the master.

Any signature or authentication of the carrier, multimodal transport operator or master must be identified as carrier, multimodal transport operator or master, as the case may be. An agent signing or authenticating for the carrier, multimodal transport operator or master must also indicate the name and the capacity of the party, i.e. carrier, multimodal transport operator or master, on whose behalf that agent is acting, and

ii. indicates that the goods have been dispatched, taken in charge or loaded on board.

Dispatch, taking in charge or loading on board may be indicated by wording to that effect on the multimodal transport document and the date of issuance will be deemed to be the date of dispatch, taking in charge or loading on board and the date of shipment. However, if the document indicates, by stamp or otherwise, a date of dispatch, taking in charge or loading on board, such date will be deemed to be the date of shipment, and

iii. a. indicates the place of taking in charge stipulated in the Credit which may be different from the port, airport or place of loading, and the place of final destination stipulated in the Credit which may be different from the port, airport or place of discharge, and/or

b. contains the indication "intended" or similar qualification in relation to the vessel and/or port of loading and/or port of discharge, and

iv. consists of a sole original multimodal transport document or, if issued in more than one original, the full set as so issued, and

v. appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or document other than the multimodal transport document (short form/blank back multimodal transport document), banks will not examine the contents of such terms and conditions, and

vi. contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is propelled by sail only, and

viii. in all other respects meets the stipulations of the Credit.

b. Even if the Credit prohibits transshipment, banks will accept a multimodal transport document which indicates that transshipment will or may take place, provided that the entire carriage is covered by one and the same multimodal transport document.


Article 27. Air Transport Document


a. If a Credit calls for an air transport document, banks will, unless otherwise stipulated in the Credit, accept a document, however named, which:

i. appears on its face to indicate the name of the carrier and to have been signed or otherwise authenticated by:

- the carrier, or

- a named agent for or on behalf of the carrier.

Any signature or authentication of the carrier must be identified as carrier. An agent signing or authenticating for the carrier must also indicate the name and the capacity of the party, i.e. carrier, on whose behalf that agent is acting, and

ii. indicates that the goods have been accepted for carriage, and

iii. where the Credit calls for an actual date of dispatch, indicates a specific notation of such date, the date of dispatch so indicated on the air transport document will be deemed to be the date of shipment.

For the purpose of this Article, the information appearing in the box on the air transport document (marked "For Carrier Use Only" or similar expression) relative to the flight number and date will not be considered as a specific notation of such date of dispatch.

In all other cases, the date of issuance of the air transport document will be deemed to be the date of shipment, and

iv. indicates the airport of departure and the airport of destination stipulated in the Credit, and

v. appears to be the original for consignor/shipper even if the Credit

stipulates a full set of originals, or similar expressions, and

vi. appears to contain all of the terms and conditions of carriage, or some of such terms and conditions, by reference to a source or document other than the air transport document; banks will not examine the contents of such terms and conditions,

vii. in all other respects meets the stipulations of the Credit.

b. For the purpose of this Article, transshipment means unloading and reloading from one aircraft to another aircraft during the course of carriage from the airport of departure to the airport of destination stipulated in the Credit.

c. Even if the Credit prohibits transshipment, banks will accept an air transport document which indicates that transshipment will or may take place, provided that the entire carriage is covered by one and the same air transport document.


Article 28. Road, Rail or Inland Waterway Transport Documents


a. If a Credit calls for a road, rail, or inland waterway transport document, banks will, unless otherwise stipulated in the Credit, accept a document of the type called for, however named, which:

i. appears on its face to indicate the name of the carrier and to have been signed or otherwise authenticated by the carrier or a named agent for or on behalf of the carrier and/or to bear a reception stamp or other indication of receipt by the carrier or a named agent for or on behalf of the carrier.

Any signature, authentication, reception stamp or other indication of receipt of the carrier, must be identified on its face as that of the carrier. An agent signing or authenticating for the carrier, must also indicate the name and the capacity of the party, i.e. carrier, on whose behalf that agent is acting, and

ii. indicates that the goods have been received for shipment, dispatch or carriage or wording to this effect. The date of issuance will be deemed to be the date of shipment unless the transport document contains a reception stamp, in which case the date of the reception stamp will be deemed to be the date of shipment, and

iii. indicates the place of shipment and the place of destination stipulated in the Credit, and

iv. in all other respects meets the stipulations of the Credit.

b. In the absence of any indication on the transport document as to the numbers issued, banks will accept the transport document(s) presented as constituting a full set. Banks will accept as original(s) the transport document(s) whether marked as original(s) or not.

c. For the purpose of this Article, transshipment means unloading and reloading from one means of conveyance to another means of conveyance, in different modes of transport, during the course of carriage from the place of shipment to the place of destination stipulated in the Credit.

d. Even if the Credit prohibits transshipment, banks will accept a road, rail, or inland waterway transport document which indicates that transshipment will or may take place, provided that the entire carriage is covered by one and the same transport document and within the same mode of transport.


Article 29. Courier and Post Receipts


a. If a Credit calls for a post receipt or certificate of posting, banks will, unless otherwise stipulated in the Credit, accept a post receipt or certificate of posting which:

i. appears on its face to have been stamped or otherwise authenticated and dated in the place from which the Credit stipulates the goods are to be shipped or dispatched and such date will be deemed to be the date of shipment or dispatch, and

ii. in all other respects meets the stipulations of the Credit.

b. If a Credit calls for a document issued by a courier or expedited delivery service evidencing receipt of the goods for delivery, banks will, unless otherwise stipulated in the Credit, accept a document, however named, which:

i. appears on its face to indicate the name of the courier/service, and to have been stamped, signed or otherwise authenticated by such named courier/service (unless the Credit specifically calls for a document issued by a named Courier/Service, banks will accept a document issued by any Courier/Service), and

ii. indicates a date of pick-up or of receipt or wording to this effect, such date being deemed to be the date of shipment or dispatch, and

iii. in all other respects meets the stipulations of the Credit.


Article 30. Transport Documents issued by Freight Forwarders


Unless otherwise authorized in the Credit, banks will only accept a transport document issued by a freight forwarder if it appears on its face to indicate:

i. the name of the freight forwarder as a carrier or multimodal transport operator and to have been signed or otherwise authenticated by the freight forwarder as carrier or multimodal transport operator, or

ii. the name of the carrier or multimodal transport operator and to have been signed or otherwise authenticated by the freight forwarder as a named agent for or on behalf of the carrier or multimodal transport operator.


Article 31. "On Deck", "Shipper's Load and Count", Name of Consignor


Unless otherwise stipulated in the Credit, banks will accept a transport document which:

i. does not indicate, in the case of carriage by sea or by more than one means of conveyance including carriage by sea, that the goods are or will be loaded on deck. Nevertheless, banks will accept a transport document which contains a provision that the goods may be carried on deck, provided that it does not specifically state that they are or will be loaded on deck, and/or

ii. bears a clause on the face thereof such as "shipper's load and count" or "said by shipper to contain" or words of similar effect, and/or

iii. indicates as the consignor of the goods a party other than the Beneficiary of the Credit.


Article 32. Clean Transport Documents


a. A clean transport document is one which bears no clause or notation which expressly declares a defective condition of the goods and/or the packaging.

b. Banks will not accept transport documents bearing such clauses or notations unless the Credit expressly stipulates the clauses or notations which may be accepted.

c. Banks will regard a requirement in a Credit for a transport document to bear the clause "clean on board" as complied with if such transport document meets the requirements of this Article and of Articles 23, 24, 25, 26, 27, 28 or 30.


Article 33. Freight Payable/Prepaid Transport Documents


a. Unless otherwise stipulated in the Credit, or inconsistent with any of the documents presented under the Credit, banks will accept transport documents stating that freight or transportation charges (hereafter referred to as "freight") have still to be paid.

b. If a Credit stipulates that the transport document has to indicate that freight has been paid or prepaid, banks will accept a transport document on which words clearly indicating payment or prepayment of freight appear by stamp or otherwise, or on which payment or prepayment of freight is indicated by other means. If the Credit requires courier charges to be paid or prepaid banks will also accept a transport document issued by a courier or expedited delivery service evidencing that courier charges are for the account of a party other than the consignee.

c. The words "freight prepayable" or "freight to be prepaid" or words of similar effect, if appearing on transport documents, will not be accepted as constituting evidence of the payment of freight.

d. Banks will accept transport documents bearing reference by stamp or otherwise to costs additional to the freight, such as costs of, or disbursements incurred in connection with, loading, unloading or similar operations, unless the conditions of the Credit specifically prohibit such reference.


Article 34. Insurance Documents


a. Insurance documents must appear on their face to be issued and signed by insurance companies or underwriters or their agents.

b. If the insurance document indicates that it has been issued in more than one original, all the originals must be presented unless otherwise authorized in the Credit.

c. Cover notes issued by brokers will not be accepted, unless specifically authorized in the Credit.

d. Unless otherwise stipulated in the Credit, banks will accept an insurance certificate or a declaration under an open cover presigned by insurance companies or underwriters or their agents. If a Credit specifically calls for an insurance certificate or a declaration under an open cover, banks will accept, in lieu thereof, an insurance policy.

e. Unless otherwise stipulated in the Credit, or unless it appears from the insurance document that the cover is effective at the latest from the date of loading on board or dispatch or taking in charge of the goods, banks will not accept an insurance document which bears a date of issuance later than the date of loading on board or dispatch or taking in charge as indicated in such transport document.

f. i. Unless otherwise stipulated in the Credit, the insurance document must be expressed in the same currency as the Credit.

ii. Unless otherwise stipulated in the Credit, the minimum amount for which the insurance document must indicate the insurance cover to have been effected is the CIF (cost, insurance and freight (... "named port of destination")) or CIP (carriage and insurance paid to (..."named place of destination")) value of the goods, as the case may be, plus 10%, but only when the CIF or CIP value can be determined from the documents on their face. Otherwise, banks will accept as such minimum amount 110% of the amount for which payment, acceptance or negotiation is requested under the Credit, or 110% of the gross amount of the invoice, whichever is the greater.


Article 35. Type of Insurance Cover


a. Credits should stipulate the type of insurance required and, if any, the additional risks which are to be covered. Imprecise terms such as "usual risks" or "customary risks" shall not be used; if they are used, banks will accept insurance documents as presented, without responsibility for any risks not being covered.

b. Failing specific stipulations in the Credit, banks will accept insurance documents as presented, without responsibility for any risks not being covered.

c. Unless otherwise stipulated in the Credit, banks will accept an insurance document which indicates that the cover is subject to a franchise or an excess (deductible).


Article 36. All Risks Insurance Cover


Where a Credit stipulates "insurance against all risks", banks will accept an insurance document which contains any "all risks" notation or clause, whether or not bearing the heading "all risks", even if the insurance document indicates that certain risks are excluded, without responsibility for any risk(s) not being covered.


Article 37. Commercial Invoices


a. Unless otherwise stipulated in the Credit, commercial invoices:

i. must appear on their face to be issued by the Beneficiary named in the Credit (except as provided in Article 48), and

ii. must be made out in the name of the Applicant (except as provided in sub-Article 48 (h)), and

| Стр.1 | Стр.2 | Стр.3 | Стр.4 | Стр.5 | Стр.6 | Стр.7 | Стр.8 | Стр.9 | Стр.10 | Стр.11 |

карта новых документов

Разное

При полном или частичном использовании материалов сайта ссылка на pravo.levonevsky.org обязательна

© 2006-2017г. www.levonevsky.org

TopList

Законодательство Беларуси и других стран

Законодательство России кодексы, законы, указы (изьранное), постановления, архив


Законодательство Республики Беларусь по дате принятия:

2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 до 2000 года

Защита прав потребителя
ЗОНА - специальный проект

Бюллетень "ПРЕДПРИНИМАТЕЛЬ" - о предпринимателях.



Новые документы




NewsBY.org. News of Belarus

UK Laws - Legal Portal

Legal portal of Belarus

Russian Business

The real estate of Russia

Valery Levaneuski. Personal website of the Belarus politician, the former political prisoner