eUCP中英文版

ISPB681 中文版 Introduction The official name for this publication is “Supplement to the Uniform Customs and Practice for Documentary Credits for Electronic Presentation (Version 1.1)”. It uses the acronym “eUCP”. During the course of drafting UCP 600, ICC national committees indicated that, due to the limited usage of eUCP Version 1.0, the eUCP should remain as a supplement to the UCP. Version 1.1 has, therefore, been updated solely to reflect the changes made in UCP with regard to terminology and style of presentation. The eUCP continues to provide definitions permitting UCP 600 terminology to accommodate the electronic presentation of the equivalent of paper documents and providing necessary rules to allow both sets of rules to work together. The eUCP allows for presentation electronically or for a mixture of paper documents and electronic presentation. It is important for the eUCP reader to understand that many articles of the UCP are not impacted by the presentation of the electronic equivalent of paper documents and do not require any changes to accommodate electronic presentation. When read together, the UCP and the eUCP provide the necessary rules for electronic presentation and are broad enough to anticipate developing practice in this area. Where specific words or phrases used in the UCP are defined in the eUCP, these definitions, unless otherwise stated, apply wherever the terms appear in the UCP. eUCP Version 1.1 is specific to UCP 600 and, if necessary, may have to be revised as technologies develop, perhaps prior to the next revision of the UCP. For that purpose, the eUCP is issued in version numbers that will allow for a revision and subsequent version if the need arises. The eUCP has been specifically drafted to be independent of specific technologies and developing electronic commerce systems, i.e., it does not address specific technologies or systems necessary to facilitate electronic presentation. These technologies are evolving, and it is left to the parties to the credit to agree on the technology or systems to be used for presentation of electronic records in compliance with the requirements of the eUCP. The eUCP has been created to meet the demands of the market for the presentation of electronic documents. The market has created a higher standard in anticipation of increased processing efficiencies when the electronic equivalents of paper documents are presented. In anticipation of this demand and to meet market expectations, several changes to the standards established by the UCP have been deemed necessary for an electronic presentation. These changes are consistent with current practice and the expectations of the marketplace. All of the articles of eUCP V ersion 1.1 are consistent with UCP 600 except as they relate specifically to electronic presentations. Where necessary, changes have been made to address the unique issues related to presentation of the electronic equivalent of paper documents. In order to avoid confusion between the articles of the UCP and those of the eUCP, the eUC P articles are numbered with an “e” preceding each article number. Article e1: Scope of the eUCP a. The Supplement to the Uniform Customs and Practice for Documentary Credits for Electronic Presentation (“eUCP”) supplements the Uniform Customs and Practice for Documentary Credits (2007 Revision ICC Publication No. 600,) ( “UCP”) in order to accommodate presentation of electronic records alone or in combination with paper documents. b. The eUCP shall apply as a supplement to the UCP where the credit indicates that it is subject to eUCP. c. This version is V ersion 1.1. A credit must indicate the applicable version of the eUCP. If it does not do so, it is subject to the version in effect on the date the credit is issued or, if made subject to eUCP by an amendment accepted by the beneficiary, on the date of that amendment. Article e2: Relationship of the eUCP to the UCP a. A credit subject to the eUCP (“eUCP credit”) is also subject to the UCP without express incorporation of the UCP. b. Where the eUCP applies, its provisions shall prevail to the extent that they would produce a result different from the application of the UCP. c. If an eUCP credit allows the beneficiary to choose between presentation of paper documents or electronic records and it chooses to present only paper documents, the UCP alone shall apply to that presentation. If only paper documents are permitted under an eUCP credit, the UCP alone shall apply. Article e3: Definitions a. Where the following terms are used in the UCP, for the purposes of applying the UCP to an electronic record presented under an eUCP credit, the term: i. “appear on their face” and the like shall apply to examination of the data content of an electronic record. ii. “document” shall include an electroni c record. iii. “place for presentation” of electronic records means an electronic address. iv. “sign” and the like shall include an electronic signature. v. “superimposed”, “notation” or “stamped” means data content whose supplementary character is apparent in an electronic record. b. The following terms used in the eUCP shall have the following meanings: i. “electronic record” means ?data created, generated, sent, communicated, received or stored by electronic means ?that is capable of being authenticated as to the apparent identity of a sender and the apparent source of the data contained in it, and as to whether it has remained complete and unaltered, and ?is capable of being examined for compliance with the terms and conditions of the eUCP credit. ii. “electronic signature” means a data process attached to or logically associated with an electronic record and executed or adopted by a person in order to identify that person and to indicate that person's authentication of the electronic record. iii.“format” means the data organization in which the electronic record is expressed or to which it refers. iv. “paper document” means a document in a traditional paper form. v. “received” means the time when an electronic record enters the information system of the applicable recipient in a form capable of being accepted by that system. Any acknowledgement of receipt does not imply acceptance or refusal of the electronic record under an eUCP credit. Article e4: Format An eUCP credit must specify the formats in which electronic records are to be presented. If the format of the electronic record is not so specified, it may be presented in any format. Article e5: Presentation a. An eUCP credit allowing presentation of: i. electronic records must state a place for presentation of the electronic records. ii. both electronic records and paper documents must also state a place for presentation of the paper documents. b. Electronic records may be presented separately and need not be presented at the same time. c. If an eUCP credit allows for presentation of one or more electronic records, the beneficiary is responsible for providing a notice to the bank to which presentation is made signifying when the presentation is complete. The notice of completeness may be given as an electronic record or paper document and must identify the eUCP credit to which it relates. Presentation is deemed not to have been made if the beneficiary's notice is not received. d. i. Each presentation of an electronic record and the presentation of paper documents under an eUCP credit must identify the eUCP credit under which it is presented. ii. A presentation not so identified may be treated as not received. e. If the bank to which presentation is to be made is open but its system is unable to receive a transmitted electronic record on the stipulated expiry date and/or the last day of the period of time after the date of shipment for presentation, as the case may be, the bank will be deemed to be closed and the date for presentation and/or the expiry date shall be extended to the first following banking day on which such bank is able to receive an electronic record. If the only electronic record remaining to be presented is the notice of completeness, it may be given by telecommunications or by paper document and will be deemed timely, provided that it is sent before the bank is able to receive an electronic record. f. An electronic record that cannot be authenticated is deemed not to have been presented. Article e6: Examination a. If an electronic record contains a hyperlink to an external system or a presentation indicates that the electronic record may be examined by reference to an external system, the electronic record at the hyperlink or the referenced system shall be deemed to be the electronic record to be examined. The failure of the indicated system to provide access to the required electronic record at the time of examination shall constitute a discrepancy. b. The forwarding of electronic records by a nominated bank pursuant to its nomination signifies that it has satisfied itself as to the apparent authenticity of the electronic records. c. The inability of the issuing bank, or confirming bank, if any, to examine an electronic record in a format required by the eUCP credit or, if no format is required, to examine it in the format presented is not a basis for refusal. Article e7: Notice of Refusal a. i. The time period for the examination of documents commences on the banking day following the banking day on which th e beneficiary’s notice of completeness is received. ii. If the time for presentation of documents or the notice of completeness is extended, the time for the examination of documents commences on the first following banking day on which such bank is able to receive the notice of completeness. b. If an issuing bank, the confirming bank, if any, or a nominated bank acting on its nomination, provides a notice of refusal of a presentation which includes electronic records and does not receive instructions from the party to which notice of refusal is given within 30 calendar days from the date the notice of refusal is given for the disposition of the electronic records, the bank shall return any paper documents not previously returned to the presenter but may dispose of the electronic records in any manner deemed appropriate without any responsibility. Article e8: Originals and Copies Any requirement of the UCP or an eUCP credit for presentation of one or more originals or copies of an electronic record is satisfied by the presentation of one electronic record. Article e9: Date of Issuance Unless an electronic record contains a specific date of issuance, the date on which it appears to have been sent by the issuer is deemed to be the date of issuance. The date of receipt will be deemed to be the date it was sent if no other date is apparent. Article e10: T ransport If an electronic record evidencing transport does not indicate a date of shipment or dispatch, the date of issuance of the electronic record will be deemed to be the date of shipment or dispatch. However, if the electronic record bears a notation that evidences the date of shipment or dispatch, the date of the notation will be deemed to be the date of shipment or dispatch. A notation showing additional data content need not be separately signed or otherwise authenticated. Article e11: Corruption of an Electronic Record After Presentation a. If an electronic record that has been received by the issuing bank, confirming bank, or another nominated bank appears to have been corrupted, the bank may inform the presenter and may request that the electronic record be re-presented. b. If the bank requests that an electronic record be re-presented: i. the time for examination is suspended and resumes when the presenter re-presents the electronic record; and ii. if the nominated bank is not the confirming bank, it must provide the issuing bank and any confirming bank with notice of the request for re-presentation and inform it of the suspension; but iii. if the same electronic record is not re-presented within thirty (30) calendar days, the bank may treat the electronic record as not presented, and iv. any deadlines are not extended. Article e12: Additional Disclaimer of Liability for Presentation of Ele ctronic Records under eUCP By satisfying itself as to the apparent authenticity of an electronic record, banks assume no liability for the identity of the sender, source of the information, or its complete and unaltered character other than that which is apparent in the electronic record received by the use of a commercially acceptable data process for the receipt, authentication, and identification of electronic records. UCP500电子交单增补(eUCP1.0版) 自2002年4月1日起生效 王善论译* 第el条:适用范围 a. UCP500电子交单增补(“eUCP”)旨在补充《跟单信用证统一惯例》(国际商会第500号出版物,1993年修订本)(“UCP”)以适用于电子记录的单独提交或与纸制单据联合提交。 b. 当信用证 表 关于同志近三年现实表现材料材料类招标技术评分表图表与交易pdf视力表打印pdf用图表说话 pdf 明受eUCP约束时,eUCP应作为UCP的增补适用。 c. 本版本为1.0版。信用证必须表明其所适用的eUCP的版本。否则,受在信用证开立时有效版本的约束,或如果因受益人接受的修改而使信用证受eUCP的约束,则受在该修改之日有效版本约束。 第e2条:eUCP和UCP的关系 a. 受eUCP约束的信用证(“eUCP信用证”)也应受UCP的约束,而无需明确订入信用证中。 b. 如果适用eUCP和UCP而产生不同的结果时,优先适用eUCP。 c. 如果eUCP信用证允许受益人在交单时选择纸制单据或电子记录,受益人选择仅提交纸制单据,则该交单只适用UCP。如果eUCP信用证只允许提交纸制单据,则该交单只适用UCP。 第e3条:定义 *本译文是在国际商会中国国家委员会的正式译文出台之前,由江西财经大学国际经贸学院的王善论老师 翻译 阿房宫赋翻译下载德汉翻译pdf阿房宫赋翻译下载阿房宫赋翻译下载翻译理论.doc 出来供各位同行参考之用,不具任何法律约束力,欢迎指正。 a. 为了使UCP适用于eUCP信用证项下的电子交单,在UCP中使用过的下列术语: i. “表面内容”及类似词语适用于电子记录数据内容的审核; ii. “单据”应包括电子记录; iii. 电子记录的“交单地点”意指电子地址; iv. “签名”及类似词语应包括电子签名; v. “附加的”、“批注”或“签章的”意指在电子记录中明显的补充性数据内容。 b. 在eUCP中使用的下列术语应具有如下含义: i. “电子记录”意指: (a)以电子方式制作、生成、发送、传输、接收或保存的数据; (b)能够证实电子记录发送者的表面身份和数据内容的表面来源及其是否完整和未经更改的;及 (c)能够审核其是否与eUCP信用证条款相符。 ii. “电子签名”意指附属于或与一份电子记录逻辑关联的数据处理方式,被某个人执行或采用以表明签字人的身份以及对电子记录的证实; iii. “格式”意指电子记录表示或引用的数据组织形式; iv. “纸制单据”意指传统意义上纸面形式的单据; v. “收到”意指以系统可接收的格式做成的电子记录进入接收者信息系统的时间。eUCP 信用证项下任何收讫通知并不意味着对电子记录的接受或拒绝。 第e4条:格式 eUCP信用证必须指定所提交的电子记录的格式。如未指定,则可提交任何格式的电子记录。 第e5条:交单 a. eUCP信用证允许提交 i. 电子记录,则必须注明电子记录的交单地点; ii.电子记录和纸制单据者,还必须注明纸制单据的交单地点。 b. 电子记录可以分别提交,无须同时提交。 c. 若eUCP信用证允许提交一条或多条电子记录,受益人有责任向接受交单的银行提供表明交单完毕的通知。该通知可以电子记录或纸制单据的方式做出,同时必须注明有关的eUCP 信用证。如果银行未收到受益人的此项通知,将被视为未曾交单。 d. i. 每笔电子记录的提交必须注明据以交单的eUCP信用证; ii. 未作上述注明的交单视同未曾交单。 e. 在规定的到期日和/或装运日以后交单期限的最后一天,若接收交单的银行正在营业中但它的系统不能接收电子记录,则该银行将被视为不营业,且交单期和/或到期日应顺延至该银行能够接收电子记录的第一个银行工作日。如果需要提交的电子记录只剩下交单完毕通知,它可以电讯或制纸单据做出,只要它是在银行能够接收电子记录之前发出,就应被认为是及时的。 f. 若电子记录无法鉴别,则视同未交单。 第e6条:审核 a. 如果所提交的电子记录包含一个通向外部系统的超级链接或表明电子记录可以参照某一外部系统审核,则所链接或参照的外部系统中的电子记录应被视为是需要审核的电子记录。在审核时,若无法读取该指定的外部系统所指向的电子记录,则构成一个不符点。 b. 若被指定银行按照指示传送电子记录,则表明该银行已审核了电子记录的表面真实性。 c. 开证行或保兑行(如有的话)不能审核eUCP信用证所要求格式的电子记录,或者在没有格式要求时所提交的电子记录都不构成拒绝理由。 第e7条:拒绝通知 a. i.单据审核期限从审单银行收到受益人的交单完毕通知的银行工作日的翌日起算; ii.如果提交单据或完毕通知的时间被延展,则审单期限从接受交单的银行能够接收完毕通知的第一个银行工作日起算。 b. 如果开证行、保兑行(如有的话)或作为其代理的被指定银行对包括电子记录的交单提出拒绝,在发出拒绝通知30天内未收到被拒绝方关于电子记录的处理指示,该银行应退还交单人以前尚未退还的任何制纸单据,但可以任何认为合适的方式自行处理该电子记录,而不承担任何责任。 第e8条:正本和副本 仅提交一条电子记录应视为已满足了UCP和eUCP信用证对一份或多份正本或副本电子记录的要求。 第e9条:出单日期 除非电子记录中包含具体的出单日期,否则可视出单人发送电子记录的日期为电子记录的出单日期。如果没有明显的其它日期,收到日期将被视为发出日期。 第e10条:运输 如果表明运输的电子记录没有注明装运或发运日期,则电子记录的出具日期将被认为是装运或发运日期。但如果电子记录含有注明装运或发运日期的批注时,则该批注上的日期被视为装运或发运日期。批注所显示的附加数据内容无需签署或另行证实。 第e11条:交单后电子记录的损坏 a. 如果开证行、保兑行或其他被指定银行所收到的电子记录看来已经损坏,该银行可通知交单人并要求重新交单。 b. 如果银行要求重新提交电子记录: i. 中止审单时间的计算,并从重新提交电子记录之时恢复审单时间的计算;及 ii. 如果被指定银行不是保兑行,该银行必须向开证行和任何保兑行提供要求重新交单的通知,且告知其上述中止事由;但 iii. 如果该电子记录未能在30天内重新提交,银行可视该电子记录没有提交,并且 iv. 任何期限不得延展。 第e12条:责任豁免 银行在审核电子记录表面一致性时,对于发送者的身份、信息来源不承担责任,并且除了使用商业上可接受的用于接收、核实和识别电子记录的数据过程即可发现的外,银行对电子记录是否完整及未经更改也不承担责任。