Ucp unit 1 definitions and interpretations
Download as PPTX, PDF0 likes135 views
This document provides definitions and interpretations related to the Uniform Customs and Practice for Documentary Credits (UCP 600). It defines key terms like applicant, beneficiary, issuing bank, and credit. It also outlines interpretations for terms used in credits and how they should be applied. The main points are that credits are separate from underlying contracts, banks deal only with documents and not goods/services, and credits must specify availability, expiration date, and presentation place.
Ucp unit 1 definitions and interpretations
- 1. 1 Committed to you Welcome to Unit 1: UCP Definitions And Interpretations
- 2. 2 Committed to you 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. (Total number of Articles 39) UCP 600
- 3. 3 Committed to you Definitions • Applicant means the party on whose request the credit is issued. • Beneficiary means the party in whose favour a credit is issued. • Issuing Bank means the bank that issues a credit at the request of an applicant or on its own behalf. • Advising Bank means the bank that advises the credit at the request of the issuing bank. • Confirming Bank means the bank that adds its confirmation to a credit upon the issuing bank's authorization or request. • 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 600
- 4. 4 Committed to you Definitions • 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. • 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 • 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. UCP 600
- 5. 5 Committed to you Definitions • 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. • Presenter means a beneficiary, bank or other party that makes a presentation. • Presentation means either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered. • Honour – 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. UCP 600
- 6. 6 Committed to you Interpretations • 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. UCP 600
- 7. 7 Committed to you Interpretations • 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. • 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. UCP 600
- 8. 8 Committed to you Interpretations • 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 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. UCP 600
- 9. 9 Committed to you Credits Vs 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 fulfill any other obligation under the credit is not subject to claims or defenses 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. UCP 600
- 10. 10 Committed to you Documents Vs Goods, Services or Performance • Banks deal with documents and not with goods, services or performance to which the documents may relate. UCP 600
- 11. 11 Committed to you Availability, Expiry Date and Place for Presentation • A credit must state the bank with which it is available or whether it is available with any bank. A credit available with a nominated bank is also available with the issuing bank. • A credit must state whether it is available by sight payment, deferred payment, acceptance or negotiation. • A credit must not be issued available by a draft drawn on the applicant. – A credit must state an expiry date for presentation. An expiry date stated for honour or negotiation will be deemed to be an expiry date for presentation. UCP 600
- 12. 12 Committed to you Availability, Expiry Date and Place for Presentation • The place of the bank with which the credit is available is the place for presentation. The place for presentation under a credit available with any bank is that of any bank. A place for presentation other than that of the issuing bank is in addition to the place of the issuing bank • Except as provided in sub-article 29 (a), a presentation by or on behalf of the beneficiary must be made on or before the expiry date. UCP 600