UCP600与UcP500的比较分析 Issuing bank means the bank that issues a credit at the request of an applicant or on its own behalf。 Negotiation means the purchase y 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 2021/2/8 Yuqiang Copyright Reserved 26
2021/2/8 Yuqiang @ Copyright Reserved 26 UCP600与UCP500的比较分析 ◼ 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
UP600与U0P500的比较分析 ■关于议付 nUCP500 Article10(信用证的种类) u 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 2021/2/8 Yuqiang Copyright Reserved
2021/2/8 Yuqiang @ Copyright Reserved 27 UCP600与UCP500的比较分析 ◼ 关于议付 ◼ UCP500 Article 10 （信用证的种类） ◼ 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
UCP600与UcP500的比较分析 UCP500 Artic1e9(开证行与保兑行的责任) ■ An irrevocab1 e credit constitutes a defini七e 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 If the Credit provides for negotiation to pay without recourse to drawers andyor bona fide holders, Draft(s)drawn by the Beneficiary and/or document(s) presented under the credit 2021/2/8 Yuqiang Copyright Reserved 28
2021/2/8 Yuqiang @ Copyright Reserved 28 UCP600与UCP500的比较分析 UCP500 Article 9 （开证行与保兑行的责任） ◼ 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: 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
UCP600与UcP500的比较分析 ICC Position Paper No2(第二号意见书) The Banking Commission wishes to clarify that for the purposes of UCP 500, the phrase 'giving of value in sub-Article 10 (b)(ii)may be interpreted as either making immediate payment(e. g. by cash, by cheque, by remittance through a Clearing System or by credit to an account) or 'undertaking an obligation to make payment(other than giving a deferred payment undertaking or accepting a draft) 2021/2/8 Yuqiang Copyright Reserved
2021/2/8 Yuqiang @ Copyright Reserved 29 UCP600与UCP500的比较分析 ◼ ICC Position Paper No 2 （第二号意见书） ◼ The Banking Commission wishes to clarify that for the purposes of UCP 500, the phrase 'giving of value' in sub-Article 10(b)(ii) may be interpreted as either 'making immediate payment' (e.g. by cash, by cheque, by remittance through a Clearing System or by credit to an account) or 'undertaking an obligation to make payment' (other than giving a deferred payment undertaking or accepting a draft)
UCP600与UcP500的比较分析 ICC Pub1 ication no.459:关于追索权 议付行在任何情况下均享有追索权,除非该行保兑了信用证 The Commission finally decided to make a distinction between credits available through payment and credit available through negotiation. As to the former available through payment),any recourse by the advising bank vis-a-vis the beneficiary was to be excluded if it had not expressed a reservation when making its payment. As to the latter credits available through negotiation) the advising bank always had a right of recourse, unless it had confirmed the credit. 2021/2/8 Yuqiang Copyright Reserved
2021/2/8 Yuqiang @ Copyright Reserved 30 UCP600与UCP500的比较分析 ICC Publication No.459：关于追索权 ◼ 议付行在任何情况下均享有追索权，除非该行保兑了信用证 （The Commission finally decided to make a distinction between credits available through payment and credit available through negotiation. As to the former ( available through payment),any recourse by the advising bank vis-à-vis the beneficiary was to be excluded if it had not expressed a reservation when making its payment. As to the latter credits ( available through negotiation), the advising bank always had a right of recourse, unless it had confirmed the credit.）