Article 6 Availability, Expiry Date and Place for Presentation第六條 有效性、有效期限及提示地點(diǎn)
a. 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. 信用證必須規(guī)定可以有效使用信用證的銀行,或者信用證是否對(duì)任何銀行均為 有效。對(duì)于被指定銀行有效的信用證同樣也對(duì)開(kāi)證行有效。
b. A credit must state whether it is available by sight payment, deferred payment, acceptance or negotiation.
b. 信用證必須規(guī)定它是否適用于即期付款、延期付款、承兌抑或議付。
c. A credit must not be issued available by a draft drawn on the applicant.
c.不得開(kāi)立包含有以申請(qǐng)人為匯票付款人條款的信用證。
d. i. 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.
d. i 信用證必須規(guī)定提示單據(jù)的有效期限。規(guī)定的用于兌付或者議付的有效期 限將被認(rèn)為是提示單據(jù)的有效期限。
ii. 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.
ii. 可以有效使用信用證的銀行所在的地點(diǎn)是提示單據(jù)的地點(diǎn)。對(duì)任何銀行均為有效的信用證項(xiàng)下單據(jù)提示的地點(diǎn)是任何銀行所在的地點(diǎn)。不同于開(kāi)證行地點(diǎn)的提示單據(jù)的地點(diǎn)是開(kāi)證行地點(diǎn)之外提交單據(jù)的地點(diǎn)。
e. 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.
e. 除非如29(a)中規(guī)定,由受益人或代表受益人提示的單據(jù)必須在到期日當(dāng)日或在此之前提交。
Article 7 Issuing Bank Undertaking 第 七條 開(kāi)證行的承諾
a. Provided that the stipulated documents are presented to the nominated bank or to the issuing bank and that they constitute a complying presentation, the issuing bank must honour if the credit is available by:
倘若規(guī)定的單據(jù)被提交至被指定銀行或開(kāi)證行并構(gòu)成相符提示,開(kāi)證行必須按下述信用證所適用的情形予以?xún)陡叮?/p>
i. sight payment, deferred payment or acceptance with the issuing bank;
i. 由開(kāi)證行即期付款、延期付款或者承兌;
ii. sight payment with a nominated bank and that nominated bank does not pay;
ii. 由被指定銀行即期付款而該被指定銀行未予付款;
iii. deferred payment with a nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity;
iii. 由被指定銀行延期付款而該被指定銀行未承擔(dān)其延期付款承諾,或者雖已 承擔(dān)延期付款承諾但到期未予付款;
iv. acceptance with a nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity;
iv. 由被指定銀行承兌而該被指定銀行未予承兌以其為付款人的匯票,或者雖已 承兌以其為付款人的匯票但到期未予付款;
v. negotiation with a nominated bank and that nominated bank does not negotiate.
v. 由被指定銀行議付而該被指定銀行未予議付。
b. An issuing bank is irrevocably bound to honour as of the time it issues the credit.
b. 自信用證開(kāi)立之時(shí)起,開(kāi)證行即不可撤銷(xiāo)地受到兌付責(zé)任的約束。
c. An issuing bank undertakes to reimburse a nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the issuing bank. Reimbursement for the amount of a complying presentation under a credit available by acceptance or deferred payment is due at maturity, whether or not the nominated bank prepaid or purchased before maturity. An issuing bank's undertaking to reimburse a nominated bank is independent of the issuing bank’s undertaking to the beneficiary.
c. 開(kāi)證行保證向?qū)τ谙喾崾疽呀?jīng)予以?xún)陡痘蛘咦h付并將單據(jù)寄往開(kāi)證行的被指定銀行進(jìn)行償付。無(wú)論被指定銀行是否于到期日前已經(jīng)對(duì)相符提示予以預(yù)付或者購(gòu)買(mǎi), 對(duì)于承兌或延期付款信用證項(xiàng)下相符提示的金額的償付于到期日進(jìn)行。開(kāi)證行償付被指定銀行的承諾獨(dú)立于開(kāi)證行對(duì)于受益人的承諾。
Article 8 Confirming Bank Undertaking 第 八條 保兌行的承諾
a. Provided that the stipulated documents are presented to the confirming bank or to any other nominated bank and that they constitute a complying presentation, the confirming bank must:
a. 倘若規(guī)定的單據(jù)被提交至保兌行或者任何其他被指定銀行并構(gòu)成相符提示,保 兌行必須:
i. honour, if the credit is available by:
i. 兌付,如果信用證適用于:
a. sight payment, deferred payment or acceptance with the confirming bank;
a. 由保兌行即期付款、延期付款或者承兌;
b. sight payment with another nominated bank and that nominated bank does not pay;
b. 由另一家被指定銀行即期付款而該被指定銀行未予付款;
c. deferred payment with another nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity;
c. 由另一家被指定銀行延期付款而該被指定銀行未承擔(dān)其延期付款承諾,或者雖 已承擔(dān)延期付款承諾但到期未予付款;
d. acceptance with another nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity;
d. 由另一家被指定銀行承兌而該被指定銀行未予承兌以其為付款人的匯票,或者 雖已承兌以其為付款人的匯票但到期未予付款;
e. negotiation with another nominated bank and that nominated bank does not negotiate. e. 由另一家被指定銀行議付而該被指定 銀行未予議付。
ii. negotiate, without recourse無(wú)追索權(quán), if the credit is available by negotiation with the confirming bank. ii. 若信用證由保兌行議付,無(wú)追索權(quán)地議付。
b. A confirming bank is irrevocably bound to honour or negotiate as of the time it adds its confirmation to the credit.
b. 自為信用證加具保兌之時(shí)起,保兌行即不可撤銷(xiāo)地受到兌付或者議付責(zé)任的約 束。
c. A confirming bank undertakes to reimburse another nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the confirming bank. Reimbursement for the amount of a complying presentation under a credit available by acceptance or deferred payment is due at maturity, whether or not another nominated bank prepaid or purchased before maturity. A confirming bank's undertaking to reimburse another nominated bank is independent of the confirming bank’s undertaking to the beneficiary.
c. 保兌行保證向?qū)τ谙喾崾疽呀?jīng)予以?xún)陡痘蛘咦h付并將單據(jù)寄往開(kāi)證行的另一家被指定銀行進(jìn)行償付。無(wú)論另一家被指定銀行是否于到期日前已經(jīng)對(duì)相符提示予以預(yù)付或者購(gòu)買(mǎi), 對(duì)于承兌或延期付款信用證項(xiàng)下相符提示的金額的償付于到期日進(jìn)行。保兌行償付另一家被指定銀行的承諾獨(dú)立于保兌行對(duì)于受益人的承諾。
d. If a bank is authorized or requested by the issuing bank to confirm a credit but is not prepared to do so, it must inform the issuing bank without delay and may advise the credit without confirmation.
d. 如開(kāi)證行授權(quán)或要求另一家銀行對(duì)信用證加具保兌,而該銀行不準(zhǔn)備照辦時(shí),它必須不延誤地告知開(kāi)證行并仍可通知此份未經(jīng)加具保兌的信用證。
Article 9 Advising of Credits and Amendments 第 九條 信用證及修改的通知
a. A credit and any amendment may be advised to a beneficiary through an advising bank. An advising bank that is not a confirming bank advises the credit and any amendment without any undertaking to honour or negotiate. a. 信用證及其修改可以通過(guò)通知行通知受益人。 除非已對(duì)信用證加具保兌,通知行通知信用證不構(gòu)成兌付或議付的承諾。
b. By advising the credit or amendment, the advising bank signifies that it has satisfied itself as to the apparent authenticity of the credit or amendment and that the advice accurately reflects the terms and conditions of the credit or amendment received.
b. 通過(guò)通知信用證或修改,通知行即表明其認(rèn)為信用證或修改的表面真實(shí)性得到滿(mǎn)足,且通知準(zhǔn)確地反映了所收到的信用證或修改的條款及條件。
c. An advising bank may utilize the services of another bank (“second advising bank”) to advise the credit and any amendment to the beneficiary. By advising the credit or amendment, the second advising bank signifies that it has satisfied itself as to the apparent authenticity of the advice it has received and that the advice accurately reflects the terms and conditions of the credit or amendment received.
c. 通知行可以利用另一家銀行的服務(wù)(“第二通知行”)向受益人通知信用證及其修改。通過(guò)通知信用證或修改,第二通知行即表明其認(rèn)為所收到的通知的表面真實(shí)性得到滿(mǎn)足,且通知準(zhǔn)確地反映了所收到的信用證或修改的條款及條件。
d. A bank utilizing the services of an advising bank or second advising bank to advise a credit must use the same bank to advise any amendment thereto.
d. 如一家銀行利用另一家通知行或第二通知行的服務(wù)將信用證通知給受益人,它 也必須利用同一家銀行的服務(wù)通知修改書(shū)。
e. If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay, the bank from which the credit, amendment or advice has been received.
e. 如果一家銀行被要求通知信用證或修改但決定不予通知,它必須不延誤通知向 其發(fā)送信用證、修改或通知的銀行。
f. If a bank is requested to advise a credit or amendment but cannot satisfy itself as to the apparent authenticity of the credit, the amendment or the advice, it must so inform, without delay, the bank from which the instructions appear to have been received. If the advising bank or second advising bank elects nonetheless to advise the credit or amendment, it must inform the beneficiary or second advising bank that it has not been able to satisfy itself as to the apparent authenticity of the credit, the amendment or the advice.
f. 如果一家被要求通知信用證或修改,但不能確定信用證、修改或通知的表面真實(shí)性,就必須不延誤地告知向其發(fā)出該指示的銀行。如果通知行或第二通知行仍決定通知信用證或修改,則必須告知受益人或第二通知行其未能核實(shí)信用證、修改或通知的表面真實(shí)性。
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