ISBP英文版

At its May 2000 meeting the Commission on Banking Technique and Practice of the
International Chamber of Commerce (the “ICC Banking Commission”) chartered a Task
example, in a credit requiring presentation of a marine bill of lading, a prohibition
against transhipment will have to specifically exclude UCP500 Sub-Article 23d. A
Applicants, however, should not assume that they may rely on these provisions in order to
excuse their obligations to reimburse the issuer, since their obligations, rights, and remedies
document must be read in conjunction with the relevant UCP provisions.
No exercise can anticipate all the terms or the documents that may be used in connection with
the practices on which the UCP is based and should not be viewed as an amendment to the
UCP. Some of these practices are assumed in UCP, while others are implied, therefore this
Force to document international standard banking practice for the examination of documents
as reflected in the articles of the Uniform Customs and Practice for Documentary Credits.
standard banking practice. The application of the UCP, and the practices documented in this
publication, should enable parties to deal successfully with almost any examination
The UCP and this publication should be read in their entirety. Please note that the heading of
each section is for reference as to intent and purpose only. It is not to be construed as other
depend upon their undertaking with the issuer, the performance of the underlying transaction,
and the timeliness of any objection under applicable law and practice.
23, 24, 26, 27, 28, 39, 40, 46 and 47 that define terms in a manner that may produce
unexpected results unless the applicant fully acquaints itself with these provisions. For
While the Task Force has based its work on International Chamber of Commerce Publication
No. 500 (UCP), the principles set forth here are likely to be generally applicable to
eventuality.
Apart from technical rules of standard practice it must be recognized that the successful
completion of a transaction also requires good faith on the part of all involved and the
the time frame 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 an
succeeding revisions, because this statement of practice is consistent with the UCP and the
Opinions and Decisions of the ICC Banking Commission. The final product reflects the input
Document 470/951rev3
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This publication is organised into three parts. The first is “Preliminary Considerations”. The
second addresses ”General Principles” which may apply to any document. The third deals
In the opinion of the ICC Banking Commission, this document states international standard
banking practice as reflected in the articles of UCP. This document supplements and explains
with documents commonly required by credits.
The International Standard Banking Practice for the Examination of Documents articulates
international standard banking practice for issuers, nominated banks, and beneficiaries.
from ICC National Committees and individual ICC members. Grateful acknowledgement is
made of the thousands of hours contributed by members of the Task Force and others.
will also have an impact on the standard banking practices. Therefore, in considering
documentary compliance, parties must observe and take into account any term in a credit that
1. The terms of a credit are independent of the underlying transaction even if the credit
expressly refers to that transaction. To avoid unnecessary costs, delays, and disputes in
documentary credits (“credits”) or their interpretation under the UCP and the standard
practice it reflects, much less the evolution of practice in response to changing commercial
expressly excludes or modifies a provision in an Article of the UCP. While this principle is
assumed throughout this document, it is sometimes expressly stated for emphasis or to
illustrate a principle. The absence of such a reference, however, does not imply that the terms
of the credit may not override the general proposition stated in these practices.
the examination of documents, however, the applicant and beneficiary should carefully
consider which documents should be required, by whom they should be produced, and
exercise of sound judgement.
It must also be recognised that the credit can vary standard banking practice, as stated in
Article 1 of UCP. Any term in a credit which modifies or affects the applicability of the UCP
issuer to supplement or develop the terms in a manner necessary or desirable to permit
the use of the credit.
3. The applicant should be aware that the UCP contains articles such as Articles 13, 20, 21,
than solely for benefit or guidance. There should be no legal imputation.
Document 470/951rev3
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PRELIMINARY CONSIDERATIONS
The Application and Issuance of the Credit
needs. Nevertheless, a serious attempt has been made to address discrete issues that
commonly arise but are not express principles that shape