UCP 600 Article 1 to 5
Application of UCP
The Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication no. 600 (UCP) are rules that apply to any documentary credit (credit) (including, to the extent to which they may be applicable, any standby letter of credit) when the text of the credit expressly indicates that it is subject to these rules. They are binding on all parties thereto unless expressly modified or excluded by the credit.
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.
- 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.
- 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 complying presentation.
- 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 complying presentation.
- Honour means:
- to pay at sight if the credit is available by sight payment.
- to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment.
- to accept a bill of exchange (draft) drawn by the beneficiary and pay at maturity if the credit is available by acceptance.
- Issuing bank means the bank that issues a credit at the request of an applicant or on its own behalf. Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying 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.
- 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.
For the purpose of these rules:
- Where applicable, words in the singular include the plural and in the plural include the singular.
- A credit is irrevocable even if there is no indication to that effect.
- A document may be signed by handwriting, facsimile signature, perforated signature, stamp, symbol or any other mechanical or electronic method of authentication.
- A requirement for a document to be legalized, visaed, certified or similar will be satisfied by any signature, mark, stamp or label on the document which appears to satisfy that requirement.
- Branches of a bank in different countries are considered to be separate banks.
- Terms such as first class, well known, qualified, independent, official, competent or local used to describe the issuer of a document allow any issuer except the beneficiary to issue that document.
- Unless required to be used in a document, words such as prompt, immediately or as soon as possible will be disregarded.
- The expression on or about or similar will be interpreted as a stipulation that an event is to occur during a period of five calendar days before until five calendar days after the specified date, both start and end dates included.
- The words to, until, till, from and between when used to determine a period of shipment include the date or dates mentioned, and the words before and after exclude the date mentioned.
- The words from and after when used to determine a maturity date exclude the date mentioned.
- The terms first half and second half of a month shall be construed respectively as the 1st to the 15th and the 16th to the last day of the month, all dates inclusive.
- The terms beginning, middle and end of a month shall be construed respectively as the 1st to the 10th, the 11th to the 20th and the 21st to the last day of the month, all dates inclusive.
Credits v. Contracts
- A credit by its nature is a separate transaction from the sale or other contract on which it may be based. Banks are in no way concerned with or bound by such contract, even if any reference whatsoever to it is included in the credit. Consequently, 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.A beneficiary can in no case avail itself of the contractual relationships existing between banks or between the applicant and the issuing bank.
- 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.
Documents v. Goods, Services or Performance
Banks deal with documents and not with goods, services or performance to which the documents may relate.
UCP 600 Article 1 to 5
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