11楼 hwx0564335
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|  发帖时间 - 2006/7/6 10:17:06
| 31
131. “Shipped in apparent good order”, “Laden on board”, “clean on board” or other phrases incorporating words such as “shipped” or “on board” have the same effect as “Shipped on board ”. ICC Opinion TA 465 Place of Taking in Charge, Dispatch, Loading on Board and Destination
132. Where a credit gives a geographical range for the place of taking in charge, dispatch, loading on board and destination i.e. Any European Port/Country, the multimodal transport ***ument must quote the actual place of taking in charge, dispatch, loading on board and destination, which must be within the geographical area or range indicated
Consignee/Order Party/Shipper/Notify Party and Endorsement
133. Where a credit requires a multimodal transport ***ument to be straight consigned to a specific party, i.e. “consigned to Bank X”, rather than “to order” or “to order of Bank X“, the multimodal transport ***ument must not indicate words such as “to order” and “to order of” that precede the name of Bank X.
134. Where the multimodal transport ***ument is issued to order of the shipper, it must be endorsed in blank, unless the credit indicates otherwise. An endorsement by a named agent for or on behalf of the shipper is acceptable.
135. If a credit does not stipulate a Notify Party(ies), the respective field on the multimodal
transport ***ument may be left blank or completed with the details of any party or parties.
Transhipment/partial shipment
136. In a multimodal transport shipment, transhipment will occur, i.e. the unloading and reloading of goods from one mode of transport to another during the course of the journey from the point of taking in charge, dispatch or loading on board, to the final destination stipulated in the credit. Should transhipment be prohibited, sub-Article 26(b)
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states that banks will accept a multimodal transport ***ument evidencing transshipment having occurred provided the entire journey is covered by one and the same multimodal transport ***ument.
137. If a credit prohibits partial shipments and more than one set of original multimodal transport ***uments are presented covering shipment, dispatch or taking in charge from one or more points of origin (as specifically allowed or within a given range in the credit), such ***uments are acceptable provided that they cover the movement of goods on the same modes of transport and same journey and are destined for the same destination. In the event that more than one set of multimodal transport ***uments are presented, and incorporate different dates of shipment, dispatch or taking in charge, the date of the latest multimodal transport ***ument will be taken for the calculation of any presentation period as defined in sub-Articles 40(b), 43(a) & (b). The dates of shipment, dispatch or taking in charge on all of the multimodal transport ***uments must fall on or before any latest date of shipment, despatch or taking in charge specified in the credit.
138. Shipment on more than one truck is a partial shipment, even if they leave on the same day to the same destination.
Clean multimodal transport ***uments
139. Clauses or notations on multimodal transport ***uments which expressly declare a defective condition of the goods and/or packaging are not acceptable. Clauses or notations which do not expressly declare a defective condition of the goods and/or packaging (e.g. packaging may not be sufficient for the journey) do not constitute a discrepancy. A statement that the packaging “is not sufficient for the journey” would not be acceptable.
140. The word “clean” need not appear on the multimodal transport ***ument even though the credit may call for a “clean on board multimodal transport ***ument” or one marked “clean on board”.
141. Where the word “clean” appears on a multimodal transport ***ument and is deleted the ***ument will not be deemed to be claused or unclean unless it specifically bears a clause or notation declaring that the goods or packaging are defective.
Goods Description
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142. A goods description on the multimodal transport ***ument must either correspond to that in the credit or be shown in general terms not inconsistent with that stated in the credit.
Alterations
143. Alterations or corrections on a multimodal transport ***ument must be authenticated. Such authentication may be made by the carrier, master (captain), multimodal transport operator, or any number of agents who may be different from the agent that issued and/or signed it, provided they are identified as an agent of the carrier, master (captain) or multimodal transport operator.
144. Non-negotiable copies of multimodal transport ***uments do not need to include any signature of the carrier, multimodal transport operator, master (captain) or agent or any authentication to any alterations and/or corrections that may have been made on the original.
Freight and Additional costs
145. If a trade term, such as an Incoterm, appears in the credit or in the ***uments for the purposes of examination thereof, the conditions implied by the trade term will be disregarded. For example, the fact that a multimodal transport ***ument may indicate that freight has been prepaid under an EXW, FAS or FOB Incoterm is not, in itself, reason for refusal, unless the credit requires the ***ument to be marked freight collect.
146. Credits may state that costs additional to freight are not acceptable. In these circumstances, a multimodal transport ***ument must not indicate charges and/or costs additional to the freight have been or will be incurred. Such indication may be by express reference to additional costs or by the use of shipment terms which refer to costs associated with the unloading of goods such as Free Out (FO), Free In and Out (FIO) and Free In and Out Stowed (FIOS). A term such as Free In (FI) would be acceptable. A reference to possible costs accruing such as those relating to demurrage after a certain period of laytime or charges for returning containers la te, are not considered additional costs in this context.
147. Multimodal transport ***uments may state that the goods in a container are covered by this multimodal transport ***ument plus one or more other multimodal transport ***uments” or words of similar effect. This means the entire container is to be
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surrendered to the consignee – therefore all multimodal transport ***uments related to that container must be presented in order for the container to be released. Such multimodal transport ***uments are not acceptable unless all the multimodal transport ***uments are presented in the same presentation under the same credit.
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AIR TRANSPORT ***UMENTS
According to international standard banking practice:
Original air transport ***uments
148. The air transport ***ument must appear, from the face of the ***ument, to be the “Original for Consignor/Shipper”. A requirement for full set of originals is satisfied by the presentation of a ***ument indicating that it is the original for consignor/shipper.
(UCP 500 sub-Article 27 (a) (v)).
Signing of Air Transport ***uments
149. An Air transport ***ument must bear a signature in the form described in sub-Article 20 (b) and the name of the carrier must appear on the front of the air transport ***ument, identified as the carrier. Where an agent signs an air transport ***ument on behalf of a carrier, the agent must be identified as agent, and must identify the carrier on whose behalf it is signing, unless the carrier has been identified elsewhere on the face of the air transport ***ument.
150. If the credit states “House air waybill is acceptable” or “Freight Forwarder’s air waybill is acceptable” or uses a similar phrase, then the air transport ***ument may be issued by a freight forwarder and signed by it in the capacity of a freight forwarder, without the need to identify itself as a carrier or agent for a named carrier. The ***ument must fulfill all the other requirements of Article 27. (GE No. 7, May 1995, ICC *** 470/735;
GE No. 41, R230; GE 24, R 221).
151. An air transport ***ument will be accepted without the shipper’s signature unless the transport ***ument states on its face it is not valid without shipper’s signature or the credit requires the ***ument to be signed by the shipper. ICC Opinion R 288 Goods accepted for carriage, date of shipment, and requirement for actual date of
despatch
152. Air transport ***uments must indicate that the goods have been accepted for carriage.
153. If a credit indicates that an actual date of dispatch must appear on the air transport ***ument, the ***ument must contain a separate notation which provides this
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information. This date of dispatch will be considered as the date of shipment. UCP 500 sub-Article 27 (a)(iii).
154. Where no date of dispatch is required by the credit, the date of issuance of an air transport ***ument will be deemed to be the date of dispatch, even if the ***ument evidences a flight date and/or a flight number in the box marked “For Carrier Use Only” or similar expression.
155. Information contained in the boxes typically titled “For Carrier Use Only” will not be considered for determining the actual date of dispatch. Airports of departure and destination
156. Air transport ***uments must indicate the same airport of departure and airport of
destination as stated in the credit.
157. When a credit gives a geographical area or range of airports in a specific region (e.g. ”any European Airport”), the air transport ***ument must indicate the actual airport of departure and/or actual airport of destination that are within that geographical area or range.
Consignee, order party and notify party
158. Air transport ***uments should not be issued “to order” or “to order of” a named party because they are not ***uments of title. Even if a credit calls for an air transport ***ument made out “to order” or “to order of” a named party, a ***ument presented showing goods consigned to that party, without mention of “to order” or “to order of”,
is acceptable.
159. If a credit does not state a Notify Party(ies), the respective field on the air transport ***ument may be left blank or completed with the details of any party or parties.
Transhipment/partial shipment
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160. More than one set of air transport ***uments covering dispatch from one or more airports of departure are acceptable even if partial shipments are prohibited, provided that they cover the dispatch of goods on the same aircraft and same flight, and are destined for the same airport of destination.
161. Transhipment is the unloading and reloading of goods from one aircraft to another during the course of dispatch from the airport of departure to the airport of destination stated in the credit. If it does not occur between these two ports, unloading or reloading is not considered to be transhipment.
162. Although transhipment may be prohibited, UCP 500 sub-Article 27(c) nonetheless permits transhipment provided the entire carriage is covered by one and the same air transport ***ument.
Clean air transport ***uments, said to contain
163. Clauses or notations on an air transport ***ument which expressly declare a defective condition of the goods, and/or packaging are not acceptable. Clauses or notations on the air transport ***ument which do not expressly declare a defective condition of the goods and/or packaging (e.g. “packaging may not be sufficient for the air journey”) does not constitute a discrepancy. Statements that the packaging “is not sufficient for the air journey” would not be acceptable.
164. The word “clean” need not appear on the air transport ***ument even though the credit may require a “clean air waybill” or one marked “clean on board”.
165. Where the word “clean” appears on an air transport ***ument and is deleted, the air transport ***ument will not be deemed to be claused or unclean unless it specifically bears a clause or notation declaring that the goods or packaging are defective.
Goods Description
166. A goods description on air transport ***uments must correspond to that in the credit or be shown in general terms not inconsistent with that stated in the credit.
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Alterations/corrections
167. Alterations or corrections on air transport ***uments must be authenticated. Such authentication may be made by the carrier or any number of agents who may be different from the agent that issued and/or signed it, provided they are identified as an agent of the carrier.
168. Copies of air transport ***uments need not include a signature of the carrier or agent or authenticater to any alterations and/or corrections that may have been made on the original.
Freight and Additional Costs
169. If a trade term, such as an Incoterm, appears in the credit or in the ***uments, for the purposes of examination, the conditions implied by the trade term will be disregarded. For example, the fact that an air transport ***ument may indicate that freight has been prepaid under an EXW or FCA Incoterm is not, in itself, reason for refusal, unless the credit requires the ***ument to be marked freight collect.
170. Credits may state that costs additional to freight are not acceptable. In such circumstances, an air transport ***ument must not indicate that charges and/or costs additional to the freight have been or will be incurred. Such indication may be by express reference to additional costs or by the use of shipment terms which refer to costs associated with the unloading of goods. A reference to possible costs accruing, such as those relating to demurrage after a certain period of laytime is not considered to be an additional cost in this context.
171. Air transport ***uments often have separate boxes which by their pre-printed headings indicate that they are for freight charges “prepaid” and for freight charges “to collect”, respectively. A requirement in a credit for an air transport ***ument to show that freight has been prepaid will be fulfilled by a statement of the freight charges under the heading “Freight Prepaid”, or a similar expression, and a requirement that an air transport ***ument show that freight has to be collected will be fulfilled by a statement of the freight charges under the heading “Freight to Collect”, or a similar expression.
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ROAD, RAIL OR INLAND WATERWAY TRANSPORT ***UMENT
According to international standard banking practice:
Original and Duplicate of Road, Rail or Inland Waterway transport ***uments
172. Where a credit requires a road, rail or inland waterway transport ***ument, the transport ***ument presented will be accepted as an original whether or not it is marked as an original. With respect to railway bills, the practice of many railway companies is to provide the shipper/consignor with only a duplicate (often) a carbon copy duly authenticated by the railway company’s stamp . Such a copy is regarded as having the same effect as an original rail waybill and is therefore acceptable as if it were an original.
Carrier and Signing of Road, Rail or Inland Waterway Transport ***uments
173. If the carrier is otherwise identified as the “carrier” on the face of the transport ***ument, the term “carrier” need not appear at the signature line provided it appears to be signed by the carrier or an agent on behalf of the carrier.
174. The term “carrier” used in UCP 500 Article 28 includes terms in transport ***uments such as “issuing carrier”, “actua l carrier”, “succeeding carrier”, and “contracting carrier”.
175. Any signature, authentication, reception stamp, or other indication of receipt on the transport ***ument must appear to be made either by
a) the carrier, identified as the carri
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12楼 hwx0564335
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| 发帖时间 - 2006/7/6 10:18:24
| 175. Any signature, authentication, reception stamp, or other indication of receipt on the transport ***ument must appear to be made either by
a) the carrier, identified as the carrier (UCP 500 sub-Article 28 (a)(i), or
b) a named agent signing for or on behalf of the carrier, and indicating the name and
capacity of the carrier on whose behalf that agent is signing. (UCP 500 sub-Article
28 (a)(i) and Position paper no. 4),
176. A transport ***ument will be accepted without the shipper’s signature, unless the transport ***ument states on its face that it is not valid without the shipper’s signature or the credit requires the ***ument to be signed by the shipper. R 288
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177. A requirement on the transport ***ument for “signature and stamp” is also fulfilled by a signature and the name of the party typed, or stamped, or handwritten, etc.
Consignee, Order Party, Notify Party and Endorsements
*域名隐藏* the credit does not stipulate a consignee, a transport ***ument stating the issuing bank, the applicant or any other party as consignee is acceptable.
179. Because transport ***uments covered by UCP 500 Article 28 are not ***uments of title, they should not be issued to order and any endorsement will be ignored.
180. If a credit does not state a Notify Party(ies), the respective field on the transport ***ument may be left blank or completed with the details of any party or parties.
Goods Description
181. A goods description on the transport ***ume nt must either correspond to that in the credit or be in general terms not inconsistent with that stated in the credit.
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INSURANCE ***UMENTS
According to international standard banking practice:
Issuers of Insurance ***uments
182. All original insurance ***uments presented must be issued and signed by the insurance company or its agent or by the underwriter or his agent. Where required by the ***ument all originals must be countersigned.
183. An insurance ***ument is acceptable issued on an insurance broker’s stationery provided the insurance ***ument has been signed by the insurance company or its agent or by the underwriter or his agent. A broker may sign as agent for the named insurance company.
Risks to be covered
184. The insurance ***ument must cover the risks as defined in the credit. Where the credit is explicit with regard to risks to be covered, there must be no exclusions referenced in the ***ument with respect to those risks. If the credit requires “all risks” coverage, this is satisfied by the presentation of an insurance ***ument evidencing any “all risks” clause or notation even if it is stated that certain risks are excluded (Article 36). An “all risks” clause or notation would include Institute Cargo Clauses (A).
185. Insurance covering the same risk for the same shipment must be covered under one ***ument unless the insurance ***uments for partial cover each clearly reflect, by percentage or otherwise, the value of each insurer’s cover and that each insurer will bear their share of the liability severally and without pre-conditions relating to any other insurance cover that may have been effected for that shipment.
186. The insurance ***ument must show that risks are covered at least between the point for shipment, dispatch or taken in charge and the point for discharge or final delivery as required by the credit.
Dating
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187. Insurance ***uments must not bear a date of issuance which is later than the date of loading on board or dispatch or taking in charge of the goods (as applicable) at the place stated in the credit, unless it appears from the insurance ***ument that the cover is effective at the latest from the date of loading on board or dispatch or taking in charge (as applicable) of the goods at the place stated in the credit.
Currency and Amount
188. The insurance ***uments must be issued in the currency and as a minimum for the amount required by the credit. If an amount is not indicated, then the minimum insurance amount must be 110% of the CIF value, or 110% of CIP value (freight/carriage and insurance paid value). (UCP 500 sub-Article 34(f)(i)(ii)). The UCP does not provide for any maximum percentage. (TA 498 May 2000)
189. If the CIF or CIP value cannot be determined, banks will accept as insurance cover a minimum of 110% of the amount for which payment, acceptance or negotiation is requested, or 110% of the gross amount of the invoice, whichever is the higher (sub-
Article 34(f)(ii)).
190. If the credit requires the cover of insurance to be irrespective of percentage, the insurance ***ument must not contain a clause stating that cover is subject to franchise
or an excess deductible.
191. If an invoice reflects a deduction due to a prepayment of part of the value of the goods or because part of the value of the goods is payable at a later date, the insurance must be
for a minimum of 110% of the gross value of the goods (goods value plus minimum
10%) and not for a minimum of 110% of the invoice value after the deduction. (TA 498
May 2000).
Insured Party and Endorsement
192. The insurance ***ument must be in the form as required by the credit (sub-Article 35(a)) and, where necessary, be endorsed by the party to whom losses are payable. A ***ument issued to bearer is acceptable where the credit requires an insurance ***ument endorsed in blank and vice versa.
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193. If the credit is silent as to the insured party, an insurance ***ument evidencing losses are payable to the order of the shipper or beneficiary and not endorsed would not be acceptable. The insurance ***ument should be issued or endorsed so that the right to claim under it passes on, or prior to, the release of the ***uments.
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CERTIFICATE OF ORIGIN
According to international standard banking practice:
Basic requirements
194. A requirement for a certificate of origin will be satisfied by the presentation of a signed ***ument that certifies to the origin of the goods.
Issuers of Certificates of Origin
195. A certificate of origin must be issued by the party stated in the credit. Where a credit requires a certificate of origin to be issued by the beneficiary, the exporter or the manufacturer, a ***ument issued by a Chamber of Commerce would be acceptable provided it clearly identifies the beneficiary, the exporter or the manufacturer as the case may be. If the credit does not state who is to issue the certificate, then a ***ument issued by any party, including the beneficiary, is acceptable. UCP500 Article 21.
196. Where a credit requires that a certificate of origin be issued by an organization , such as
a Chamber of Commerce, the following criteria apply:
a) The condition is satisfied if the ***ument appears to be issued and signed by the named organization, i.e. on their letterhead or specified form - even though the detail(s) may have been completed by the beneficiary and the named organization merely appears to sign.
b) Another acceptable alternative to this would be where the ***ument is “neutral” i.e. not produced on headed paper but is signed by the stated body.
197. A ***ument issued on the letterhead of the beneficiary or any party other than the stated body but signed and dated by the party called for is deemed to be issued by the latter and is therefore acceptable. (Unpublished opinion TA 464) Contents
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198. A certificate of origin must appear to relate to the invoiced goods either by containing a goods description not inconsistent with that of the credit or by any other reference indicating relation to the goods in a required ***ument, e.g. invoice number. (Unpublished opinions TA 348 revised and TA123)
199. Consignee information, if shown, must not be inconsistent with the consignee information in the transport ***ument. However, if a credit requires a transport ***ument to be issued “to order and blank endorsed”, “to the order of” or “consigned to” the issuing bank, the certificate may show the applicant of the credit as consignee. ICC Opinion R 276. Where the credit has been transferred, the name of the 1st beneficiary would also be acceptable.
200. The consignor/exporter shown in the certificate of origin must be either the shipper stated in the transport ***ument or the beneficiary (in the case of a transferred credit the 1st or 2nd beneficiary).
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