第六章 信用证2

Being so authorized by the issuing bank. In this case the beneficiary and the advising bank make an independent agreement that the bank’s confirmation to the credit for a fee.
(4) We have been requested to add our confirmation to this credit and we hereby undertake to honor all drafts drawn in accordance with the terms of the credit. Silent confirmation(局外保兑)： silent confirmation represents an agreement between a bank and the beneficiary for that bank to “add its confirmation” to the documentary credit despite not
Function clause: (1)This credit is subject to cancellation or amendment at any time without prior notice to the beneficiary. (2) We undertake to honor your drafts drawn and negotiated in conformity with the terms of this credit provided such negotiation has been made prior to receipt by you of notice of cancellation.
2.为什么UCP500要承认可撤销的信用证呢?事 实上这种信用证的撤销的比例并不大.因为 一是要受合同约束,单方不履约要被罚款并 影响商誉;二是出口商对某些呆滞货物才用 这种信用证,一般是有库存现货,接到信用证 马上发货交单,或在信用证开出之前即已发 货制单.为此原因,UCP500规定了早于信用证 开出之日出立的单据银行应予以接受.
注: 1.开证行可以不必将信用证已撤销的事实通知 受益人,但必须通知信用证的通知行,只有在 通知行收到有关通知后,才能生效,但有个前 提条件,即通知行在此期间还未办理信用证 项下的付款,或者没有付款议付或承兑汇票. 反之,若通知行已议付了出口商的汇票和单 据,开证行仍需负责偿付.这一点在可撤销信 用证上要注明.
Chapter 6 L/C (2)
Biblioteka Baidu
6.2 type of credit
6.2.1 according to whether it can be revoked or not 1.Revocable credit A credit that may be amended or cancelled or revoked by the issuing bank without the beneficiary’s consent and even without prior notice to the beneficiary up to the moment of payment by the bank at which the issuing bank has made the documentary credit available.
the express consent of the issuing bank, the confirming bank( if any ) and the beneficiary. Therefore, it constitutes an undertaking by issuing bank to make payment. Function clause: (1) We (issuing bank) hereby issue in your favor this irrevocable documentary credit that is available by payment/negotiation of your draft.
2.Irrevocable credit A credit that constitutes a definition 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 documentary credit are complied with ,to pay ,accept drafts and /or documents presented under the documentary credit. It can’t be cancelled/modified without
(3)This advice, revocable at any time without notice, is for your guidance only in preparing drafts and documents and conveys no engagement or obligation on our part or on the part of our above mentioned correspondent. (4) This revocable credit may be cancelled by the issuing bank at any moment without prior notice.
(2) We hereby engage with that all drafts drawn in conformity with terms of this credit will be duly honored on presentation. 注：一个信用证必须规定是可撤销的还是不 可撤销的，如果没有明确，就将被视为是 不可撤销的。（the credit should clearly indicate whether it is revocable or irrevocable. In the absence of such indication the credit shall be deemed to be irrevocable.）
Advantage: a double assurance of payment. The issuing bank’s authorization clause: (1) The advising bank is authorized to add your confirmation. (2) Please notify the beneficiary and ad your confirmation. (3) Please add your confirmation if the beneficiary required.
6.2.2 according to the adding of confirmation
1.Confirmed credit A credit that carries the commitment to pay both the issuing bank and advising bank. It is advised to the beneficiary with another bank’s confirmation added thereto. It constitutes a definite undertaking of the confirming bank, in addition to that of the issuing bank, provided that the stipulated documents are presented to the confirming bank or to any other nominated
Bank on or before the expiry date and the terms and conditions of the documentary credit are complied with ,to pay ,to accept draft or to negotiate. Confirmation is only added to an irrevocable credit at the request of the issuing bank. It is used when the seller does not have confidence that the issuing bank can effectively guarantee
The confirming bank’s engagement clause: (1) At the request of the correspond (Issuing bank) we( advising bank) have been requested to add our confirmation to this credit and we hereby undertake that all drafts by you (beneficiary) in accordance with the terms of the credit will be duly honored by us.
Payment. Therefore, if the issuing bank is considered to be a first class bank, there may not be any need to have its documentary credit confirmed by another bank. if the advising bank confirms the credit, it must pay without recourse to the seller when the documents are presented, provided they are in order and the credit requirement are met.
(2) At the request of the correspondent bank we confirm the credit and also engage with you that drafts drawn in conformity with the terms of credit will be paid by us. (3)This credit bears our confirmation and we hereby engage to negotiate, or accept on presentation to us, drafts drawn and documents presented in conformity with the terms of this credit.
(banks will accept a document bearing a date of issuance prior to that of the credit).三是开这种 证一般是当地习惯。如美国和南美各国， 或买卖双方信得过，另外是开证申请人资 信好，开证行才肯开这种证，开证申请人 不必拿出过多的开证押金。我国银行目前 暂不开立也不接受可撤销信用证。