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Article 1 Application of UCP 
第一条 统一惯例的适用范围
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. 
Article 2 Definitions 
第二条 定义 
For the purpose of these rules: 
Advising bank means the bank that advises the credit at the request of the issuing bank. 
Applicant means the party on whose request the credit is issued. 
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. 
Beneficiary means the party in whose favour a credit is issued. 
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. 
Confirming bank means the bank that adds its confirmation to a credit upon the issuing bank’s authorization or request. 
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. 
Honour means: 
a. to pay at sight if the credit is available by sight payment. 
b. to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment. 
c. to accept a bill of exchange (“draft”) drawn by the beneficiary and pay at maturity if the credit is available by acceptance. 
a. 对于即期付款信用证即期付款。 
b. 对于延期付款信用证发出延期付款承诺并到期付款。 
c. 对于承兑信用证承兑由受益人出具的汇票并到期付款。 
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(to be paid the nominated bank. 
Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank. 
Presentation means either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered. 
Presenter means a beneficiary, bank or other party that makes a presentation. 
Article 3 Interpretations 
第三条 释义
For the purpose of these rules: 
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. 
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. 
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 words "to", "until", "till", “from” and “between” when used to determine a period of shipment include the date or dates mentioned, and the words “before” and "after" exclude the date mentioned.
词语"×月×日止"(to)、"至×月×日"(until)、"直至×月×日"(till) 、"从×月×日"(from) 及“在X月X日至X月X日之间”(between) 用于确定装运期限时,包括所述日期。词语“X月X日之前”(before) 及“X月X日之后”(after) 不包括所述日期。
The words “from” and "after" when used to determine a maturity date exclude the date mentioned. 
词语“从X月X日”(from)以及“X月X日之后”(after) 用于确定到期日时不包括所述日期。
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.
Article 4 Credits v. Contracts 
第四条 信用证与合同
a. 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 fulfil any other obligation under the credit is not subject to claims or defences 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. 
a. 就性质而言,信用证与可能作为其依据的销售合同或其它合同,是相互独立的交易。即使信用证中提及该合同,银行亦与该合同完全无关,且不受其约束。因此,一家银行作出兑付、议付或履行信用证项下其它义务的承诺,并不受申请人与开证行之间或与受益人之间在已有关系下产生的索偿或抗辩的制约。



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