Uniform Letter of Credit Rules and Regulations (UCP600)
Uniform Letter of Credit Rules and Regulations (UCP600)

خانه Uniform Letter of Credit Rules and Regulations (UCP600)

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Uniform Letter of Credit Rules and Regulations (UCP600)

Uniform Letter of Credit Rules and Regulations (UCP600)

Uniform Letter of Credit Regulations, 2007 Revised, International Journal of the International Chamber of Commerce (ICC) No. 600 These are the rules that apply to any documentary credit (credit) (including stand-by letter of guarantee) (stand-by letter of credit). Applicable) is applicable. These rules are binding on all parties concerned unless expressly amended or waived in the terms of the credit.

definitions

In terms of these regulations:
Notifying bank: means the bank that notifies the credit at the request of the issuing bank.

Applicant: means the party on whose account the credit has been opened.

Banking day: means the day on which the bank usually “performs” banking operations under this
Regulations are open.

Beneficiary: means the party in whose favor the credit has been opened.

Compliant presentation: means a presentation that complies with the provisions of the Credit Conditions, the common provisions of these Regulations and international banking standards.

Confirmation: means the final commitment of the confirming bank, in addition to the commitment of the issuing bank, to accept the payment or transaction of documents submitted in accordance with the terms of the credit.

Confirming Bank: means a bank that adds its approval to the credit upon the request or permission of the issuing bank.

Credit: means any arrangement, by any name or description, that includes a definite and irrevocable obligation of the opening bank to accept the payment of the submitted documents in accordance with the terms of the credit. Acceptance of payment: ie

A) Visual payment If credit can be used against visual payment.

B) Establishment of a long-term payment agreement and payment of the credit at maturity if the credit is usable in return for the payment of the term.

C) The underwriting issued to you by the beneficiary and its payment at the due date can be used against the underwriting if it is valid.

Issuing bank: means a bank that opens a credit at the request of the applicant or on its own behalf.

Transaction of documents: means your purchase (issued by another bank other than the designated bank) or documents submitted in accordance with the terms of credit by the designated bank, whether the payment is made on time to the beneficiary or before the bank day specified in the coverage, .

Designated bank: means the bank with which the credit can be used by any bank or any bank.

Presentation: means the delivery of documents under the terms of a credit to the bank issuing the credit or the designated bank or the documents submitted.

Presenter: means the beneficiary, bank or other party that submits the documents.

Interpretations / Concepts

According to these rules: Singular words can include the plural and plural words can also include the singular. “Credibility” is considered irreversible even if no mention is made of it. Signature of documents can be handwritten, faxed, perforated, stamped, marked or any other method of electronic and mechanical authentication.

A request for a certified, reviewed or certified document or the like shall be deemed to be made by signing the mark or affixing the label on the executed document. Branches of a bank in different countries are considered as separate banks. Terms such as “first class”, “famous”, “eligible”, “independent”, “official”, “competent” or “local” are used to describe the issuer of a document. Allows credit. Words such as “urgent”, “real-time” or “as soon as possible” will not be applied unless they are required to be used in a specific document.

The term “in or around” or the like is interpreted as meaning that an event occurs within 5 calendar days before to 5 calendar days after the date in question, including the start and end dates of the operation. The words “to”, “until” “until”, “from” and “between” if used as “carrying period” include the mentioned date “and” words “before” and “after” do not include the mentioned date To be.

The words “from” and “after” do not include the date mentioned when used to determine the due date. The words “first half” and “second half” of a month are considered as “first to fifteenth day” and “sixteenth day to the end of the month”, respectively. The words “beginning”, “half”, “end of the month” are considered as “first to tenth”, “eleventh to twentieth” and “twenty-first day to the end of the month”, respectively, including all the mentioned dates.

Credits vs. Contracts

Credit, by its very nature, is a transaction separate from the contract of sale or other contracts that form the basis of the opening of credit. Credit-based contracts have nothing to do with banks and do not create any liability for them, even if such credit mentions such contracts. As a result, the Bank’s obligation to accept payment, transaction or any other obligation under the Credit shall not be subject to the claims or defenses of the Credit Applicant arising out of its relationship with the Issuing or Interesting Bank. Under no circumstances can the credit beneficiary benefit from the existing contractual relations between the banks or between the bank issuing and requesting the credit. The issuing bank must dissuade the credit applicant from attaching a copy of the contract, proforma or similar documents as an integral part of the credit.

Documents against goods / services / functions:

Banks operate on the basis of documents, not goods, services or operations related to documents

Usability of credit, expiration date and place of submission of documents:

A) The credit must specify with which bank it can be used or indicate that the credit can be used by any bank. Credit that can be used near the designated bank can also be used with the issuing bank.

(B) The credit must specify whether it is usable in return for payment, term payment, acceptance or transaction.

C) The credit should not be opened in such a way that it can be used against the credit issued by the applicant.

D) The credit must have an expiration date for submission of documents. Expiration date for acceptance or transaction of documents means the expiration date for submission of documents.

E) Except for what is stated in paragraph a of Article 29, the submission of documents by the interested party or by the interested party must be before the expiration date.
The location of the bank where the credit can be used is also considered as the place to submit documents. The place of presentation of documents under credit, which can be used by any bank, is the place of presentation of each bank. The place of presentation of documents in a bank other than the issuing bank is in addition to the place of the opening bank.

Obligations of the issuing bank:

A) Provided that the required documents are submitted to the designated bank or the issuing bank and the said documents are in accordance with the credit conditions, the issuing bank is obliged to accept payment if:

B) The issuing bank has an irrevocable obligation to accept payment from the date of credit opening.

C) The issuing bank is obliged to cover the payment to the designated bank that has accepted the payment or transaction of the submitted documents in accordance with the credit conditions and has sent the mentioned documents to the issuing bank.

Coverage of the submitted documents is required at maturity in accordance with the terms of the credit under the credit, which is in exchange for acceptance or payment of the term, whether the designated bank before the maturity in respect of prepayment or purchase of designated documents independent of the bank’s commitment. In return, it is beneficial. Obligation of the issuing bank to cover the credit amount with the bank

Credit can be used against visual payment, term payment or acceptance of documents. Credit can be used against visual payment with the designated bank and the said bank refuses to pay? The credit can be used against the term payment with the designated bank and the said bank refuses to pay the term or despite the payment obligation at the due date. ? The credit can be used against the acceptance with the designated bank and the designated bank refuses to accept the acceptance issued to you or, despite accepting you, refuses to pay the amount at the due date. ? Credit can be used against the transaction with the designated bank and the designated bank refuses the transaction.

Confirmation Bank Commitment:

A) Provided that the required documents are submitted to the approving bank or any other designated bank and their compliance with the credit conditions is observed, the approving bank must:

A) If the credit for visual payment, payment of the period of acceptance with the confirming bank can be used.
B) If the credit can be used for a sightseeing payment with another designated bank and the designated bank does not pay.
C) If the credit can be used for term payment with another designated bank and the designated bank refuses to pay the term payment or does not pay the maturity payment despite accepting the payment obligation.
D) If the credit can be used for acceptance with another designated bank and the designated bank does not pay the above-mentioned acceptance to the bank or despite the acceptance issued to you by the bank at maturity.
E) If the credit can be used for the transaction of documents with another designated bank and the designated bank does not trade the documents.

B) The certifying bank is irrevocably obliged to accept payment or transaction of documents from the time of adding its confirmation to the credit.
C) The certifying bank is required to cover another designated bank that has accepted the payment or transaction documents in accordance with the terms of the credit and has sent the said documents to the certifying bank
Coverage of the submitted documents is required at maturity in accordance with the terms of the credit, under a credit that can be used for acceptance or long-term payment, whether the designated bank re-prepares or matures before maturity. The confirmation of the confirming bank’s relation to the coverage with the designated bank is independent of the confirmation of the confirming bank’s reciprocal interest.
F) If a bank has been authorized or requested by the issuing bank to confirm the credit but the said bank is not willing to approve the credit, it must immediately notify the issuing bank to notify or denounce the credit.
Accept payment under the following conditions. If the credit can be used for the transaction of documents with the verifying bank, proceed to the transaction of documents without the right of recourse.

Notification of credits and related amendments:

A) Credit Any kind of credit amendment may be notified to the beneficiary by the notifying bank. The bank shall notify the notifier that the bank is not certifying the amendment without any obligation to accept payment or transaction of documents.
B) The notifying bank, by notifying the credit or amendment, has certified the apparent authenticity of the credit or amendment and acknowledges that the notification correctly reflects the terms and conditions of the credit or amendment received.
C) The notifying bank may use the services of another bank (the second notifying bank) for the purpose of notifying the credit or amendment to the beneficiary. The second notifier bank has verified the apparent authenticity of the credit by notifying the credit or amending the apparent authenticity of the credit and acknowledging that the notification correctly reflects the terms and conditions of the credit or amendment.
D) A bank that uses the services of a notifying bank or a second notifying bank for credit shall also use the services of the same bank to notify any amendment.
(E) If the requested bank decides to notify a credit or amendment, it shall decide not to notify the credit or amendment and shall, without delay, notify or amend the notification to the bank from which it received the credit instruction.
F) If the bank requested to notify the credit or correction cannot prove the apparent validity of the credit, correction or notification, it shall immediately inform the bank from which it received the said instructions. However, if the notifying bank or the second notifying bank decides to notify the credit or amendment, it must inform the beneficiary or the second notifying bank that it is not capable of amending or notifying the apparent authenticity of the credit.

Corrections

A) Except in the cases specified in Article 38, the credit may not be amended or revoked without the consent of the issuing bank, the confirming bank (if any) and the beneficiary.
B) The issuing bank has an irrevocable obligation to the issued amendments since the issuance of the amendment. The certifying bank may also extend its approval to the credit amendment, in which case it has an irrevocable obligation from the time of notification. However, the certifying bank can refrain from adding its approval to an amendment, in which case it must notify the issuing and beneficiary bank without delay.
(C) The terms and conditions of the original credit (or credit which includes previously accepted amendments) shall remain in force until the beneficiary declares his acceptance to the bank which has notified the amendment. The beneficiary must declare the acceptance or rejection of the amendment. It will be considered corrected from this time.
(D) The bank notifying the credit amendment shall notify the bank receiving the amendment of the acceptance or rejection of the amendment.
E) Acceptance of part of the amendment is not allowed and will be considered as rejection of the amendment
F) The stipulation in the amendment that the said amendment will be enforceable is ignored unless it is rejected by the beneficiary within a certain period of time.
Note: Acceptance or non-acceptance of the amendment by the seller in terms of time, until the last shipment is stipulated.

– Telecommunication credits and corrections and forecast:

A) The encrypted communication of the text of the credit or amendment is considered as valid credit or amendment and any subsequent written confirmation is ignored.
If the transmitted text contains the words “details will be sent” (or similar expressions) or states that the terms of the credit or amendment are written confirmation, then the transmitted text will not be considered as effective evidence of validity or amendment. شد. The issuing bank shall proceed without delay with respect to the opening of the credit or the amendment of Padar, which shall not be inconsistent with the transmitted text.
B) The preliminary notice of credit opening or issuance of the amendment (forecast) will be sent by the issuing bank only when the issuing bank is willing to issue the relevant credit or amendment. Upon sending the forecast, the issuing bank is irrevocably obliged to open the credit or amend the deposit, without delay and without contradicting the text of the forecast.

– Determining the bank:

A) Except in cases where the designated brokerage bank is the same as the certifying bank, the transaction license or acceptance of the documents does not impose any obligation on the designated bank to accept the payment or transaction of the documents, unless clearly specified by the bank. Has been accepted and has been made explicit in correspondence with the beneficiary.
B) The issuing bank, by designating another bank to accept you or accept a term payment obligation, allows this bank to prepay or purchase your accepted or accept a term payment obligation.
C) Receipt or review and sending of documents by the bank designated that the bank is not a credit confirmer, the said bank is not obliged to accept or deal or accept payment.

– Interbank payment coverage arrangements:

A) If the credit requested by the designated bank (claiming bank) is determined by the other party (the covering bank), it should be stated in the credit conditions that these arrangements are subject to the valid rules of covering the interbank payment on the date of issuance. .
B) If the credit does not mention the rules of interbank payment coverage of the International Chamber of Commerce, the following method is applicable:

C) In cases where the requesting bank has not received the documents from the covering bank, the issuing bank will not be relieved of any of its obligations to cover the funds.
The issuing bank must notify the sponsoring bank of the payment cover, depending on how the credit can be used. The coverage permit must not have an expiration date. The requesting bank is not required to provide a certificate of compliance of the documents with the credit conditions to the covering bank. Any interest and costs arising from non-coverage of the first claim in accordance with the terms and conditions of the credit from the covering bank will be the responsibility of the bank opening the credit. The expenses of the covering bank are transferred to the account of the issuing bank. However, if the costs of covering the payment are borne by the beneficiary, the issuing bank is responsible for including this issue in the coverage permit and credit conditions. If the costs of the hedging bank are credited to the beneficiary’s account, these costs will be deducted from the amount claimed by the claiming bank at the time of coverage. If the cover is not paid, the costs of the covering bank are the responsibility of the opening bank.

 

– Document review criteria:

A) The broker or designated bank of the confirming bank, if any, as well as the issuing bank shall examine the submitted documents and determine only on the basis of the appearance of the documents whether the submitted documents appear to meet the credit conditions or not. .
B) The broker or designated bank, the confirming bank, if any, as well as the issuing bank, each have a maximum of 5 banking days after the day of submitting the documents to determine that the submitted documents are in accordance with the credit conditions. This period is not extended or is not affected by the events of the day of submission of documents or the day after it and the day of expiration or the last day of submission of documents.
C) Submission of documents that include one or more original copies of the shipping document according to Articles 19.20.21.22.23.24.25 must be done by the beneficiary or on his behalf and must not be later than 21 calendar days after the date of shipment, as described in these regulations. Has come. However, the documents should not be submitted later than the expiration date.
D) The information contained in the documents when complying with the text of the credit, the documents themselves and the international rules of banking practice do not need to be applied paragraph by paragraph, but should not contradict the documents themselves, other documents specified in the validity or credit.
E) In documents other than the business inventory, the description of the goods, services or performance, if inserted, can be expressed in a general way in a way that does not contradict their validity.
F) If in the credit of submitting documents other than the shipping document, insurance document or business list requested and the issuer or its text is not specified, the banks will accept such documents as they are provided, provided that the contents of the document indicate that The duties contained in the document shall be and shall comply with the provisions of paragraph “f” of Article 14.
G) The document submitted to the bank that has not been requested in the terms of its validity has been ignored and may be returned to the document provider.
H) If the credit includes a condition, without a document that can be submitted to comply with this condition, the banks assume that such a condition is not included in the credit and ignore this condition.
I) The date of issue of the document can be before the date of opening the credit, but it should not be issued on a date after the date of submission of documents.

J) Inserting the address of the beneficiary and applicant for credit in any of the specified documents does not need to match the addresses mentioned in the credit conditions or other documents stipulated in the credit, but must be in the same country mentioned in the credit conditions. Contact details (fax, telephone, postal address, etc.) mentioned as part of the beneficiary or applicant’s address will be ignored.

K) It is not necessary that the sender or sender of the goods is mentioned in any of the documents of beneficial interest.

– Matching documents with validity conditions:

A) When the issuing bank determines that the submitted documents are in accordance with the credit conditions, it must accept the documents.
B) When the confirming bank determines that the submitted documents are in accordance with the credit conditions, it must pay or transact the documents and send them to the issuing bank.
C) When the designated bank determines that the submitted documents are in accordance with the credit conditions, it must accept or trade the documents and send them to the issuing or confirming bank.

– Documents contrary to the terms of validity, acceptance of the discrepancy and notification to the other party:
(A) When the designated brokerage bank, the certifying bank, if any, or the issuing bank determines that the documents provided are inconsistent with the terms of the credit, it may refuse to accept or trade the documents.
B) When the issuing bank determines that the documents are valid with the conditions of credit, it can refer to the credit applicant only in accordance with its discretion to accept the discrepancy. However, this issue can not prolong the period mentioned in paragraph b of Article 14 Be.
C) When the designated brokerage bank, the confirming bank, if any, or the issuing bank decides to reject the documents, the order must be announced in an announcement (ie within the specified working day in the form of a non-acceptance message and all discrepancies in one place). Be notified) inform the document provider.
The notice must contain the following information: non-acceptance or transaction of documents by the bank, and

The bank acts according to the previous orders received from the provider.
D) The notification requested in Article (16-c) must be sent through telecommunications or, if this is not possible, through other fast telecommunication means, so that it is not later than the end of the fifth banking day after the submission of documents. The message is from the bank)
E) The designated brokerage bank, the confirming bank, if any, or the issuing bank may, upon sending the notification referred to in paragraph c of Article 16, return the documents to its provider. Return to provider)
F) The issuing or confirming bank will be deprived of the claim of non-compliance of the documents with the credit conditions if the provisions of this article are not observed (ie the implementation of the above steps within a maximum of? Days).
G) When the issuing bank refuses to accept the documents or the certifying bank refuses to accept or transact the documents and declares in accordance with the provisions of this article, they will have the right to a refund of the paid amount plus the relevant interest.
2. Contradictions on the basis of which the bank has refused to accept or transact the documents; and

– Original documents and copies:

A) At least one original copy of each document included in the validity conditions must be provided.
B) The bank considers a document as the original copy which apparently has the signature of a mark, seal or mark of its issuer in the original form, unless it is specified in the document that it is not the original copy.
C) Unless otherwise specified in the document, the bank shall consider the document as the principle that:

D) If the credit is to provide a requested copy, the presentation of the original copy or copy is allowed.
E) If it is requested to submit several copies of documents using terms such as “second copy” in “two copies” or “in two copies”, it is sufficient to provide at least one original copy and the rest in the form of a copy, unless It is specified in the document in another way.
Its appearance indicates the handwriting, typing, perforation or seal of the issuer of the document, or its appearance indicates the issuance of the document on the main letterhead of the issuer of the document, or states that it is the original copy, unless the specified statement indicates the reference to the submitted document.

– Business List:

A) Business list:

B) The designated brokerage bank, the confirming bank, if any, or the issuing bank may accept the issued list in excess of the amount stated in the credit and the decision of the said bank shall be enforceable by all parties, provided that the said bank exceeds the amount The said authorizer has not paid or traded in terms of credit.
C) The description of the goods, services or operations mentioned in the business list must comply with what is stated in the credit terms.
1- It must apparently be issued by the beneficiary (except for what is stated in Article 38) 2- It must be issued in the name of the applicant for credit (except for what is stated in paragraph g of Article 38) 3- It must be in the same currency Be issued, which is stated in the terms of validity, and 4- does not need to be signed.

– Shipping document to cover at least two different shipping methods:

(A) The attack document used to cover at least two different modes of transport (combined or multimodal transport), regardless of what name it is issued, must apparently include:

• by the carrier or the said carrier’s representative under the title for or for the carrier
• The commander or the named representative of the commander under the title for or for the commander
Any signature by the carrier, commander or agent must be identifiable as the carrier, commander or agent.
Any signature by the representative must indicate whether the representative signed the document as “on behalf of or for the carrier” or “for or on behalf of the commander”.

• Printed phrase or
• A stamp or note including the date of dispatch, receipt or loading of the goods on board
The date of issuance of the shipment document will be considered as the date of sending, receiving or loading the goods on the ship and the date of shipment of the goods. However, if the shipping document is stamped or a note indicating the date of shipment, receipt or loading of the goods on board, this date will be considered as the shipping date.

A) The shipping document, in addition, indicates the place of dispatch, acquisition or loading or the location of the final final destination or
(B) The carriage document contains the words “intended” or a similar phrase relating to a ship, cargo port or port of unloading.

(B) For the purposes of this Article, the transfer of goods from one vehicle to another (Transshipment means the unloading of goods from one type of vehicle and its reloading on another vehicle (whether there are two different types of vehicles) during transport And quoting the place of delivery, possession or loading of the goods to the final destination mentioned in the terms of credit.
C)? – If the transport document indicates the possibility of transferring goods from one vehicle to another, the transport of goods along the entire route must be covered with the same document of the transport unit.

1- Name of the carrier and its signature by: 2- Shipping, taking over or loading the goods on the ship, as stated in the credit, by: 3- Place of sending, taking over or loading and place of final destination according to what is in the credit It is inserted, even if: 4- 5- only the original copy or if it has been issued in more than one original copy, all the original copies are according to what is inserted in the shipping document. 6. Materials and conditions of carriage or reference to another source including materials and conditions of carriage (abbreviated shipping document or white back), the contents of the materials and conditions of such regulations will not be reviewed. 7- There should be no reference to “closed transportation”. – An attack document that indicates the possibility of carrying out or transferring goods from one vehicle to another is acceptable, even if the transfer of goods from one vehicle to another is prohibited on credit.

– Program:

A) The bill of lading, whatever its name, must include the following:

• by the carrier or said carrier for or on behalf of the carrier,
• by the commander or the named representative of the commander for or on behalf of the commander.
Signature by carrier, commander or agent in a manner identifiable as carrier, commander or agent.
Any signature by the representative in such a way as to indicate whether the representative has signed the document as “for the carrier” or “by” the “carrier” or “for the commander” or “on behalf of the commander”.

• In the printed text of the bill of lading
• During the loading note, referring to the date on which the goods were loaded.
The date of issue of the bill of lading will be considered as the date of shipment, unless the bill of lading includes a note of loading with the date of shipment, in which case the date listed in the shipment note will be considered as the date of shipment.
If the bill of lading contains the phrase “the vessel in question” or a similar phrase in relation to the name of the vessel, a loading note indicating the date of shipment and the actual name of the vessel is required.

If the bill of lading does not mention the loading port in the credit as a loading port, or if the bill of lading contains the phrase “intended” or a similar phrase in relation to the loading port, the loading note includes the loading port stated in the credit, shipping date and shipping name. This condition is applicable even in cases where the bill of lading has a pre-printed text in connection with the loading and unloading of the goods on the said ship.

B) According to this article, the transfer of goods from one vehicle to another means unloading from one ship and reloading on another ship during the transport operation from the loading port to the unloading port is valid.
C)? – If the bill of lading indicates the possibility of carrying or transferring goods from one vehicle to another, the entire length of the shipping route must be covered by the same single bill of lading.

(D) No provision shall be made on the condition that a bill of lading states that the carrier reserves the right to transfer goods from one ship to another. 1- The name of the carrier which is signed as follows: 2- The loading of the goods on the ship mentioned in the port of loading is mentioned in the credit as follows: 3- The transport from the port of loading to the port of unloading is mentioned in the credit. 4- Only the original copy of the bill of lading or if the bill of lading has been issued in more than one original copy, including all the original copies according to what is stated in the bill of lading. 5. Materials and conditions of carriage or reference to another source that includes materials and conditions of carriage (summary bill of lading or white back). Material contents and shipping conditions will not be considered. 6- There should be no reference to the conditions of transportation. – Even if the transfer of goods from one ship to another is due to unauthorized validity, a bill of lading indicating the possibility of transferring goods from one ship to another is acceptable, provided that the goods are in containers, trailers or boats. Carry the light (Lash Barge) according to what is approved in the bill of lading.

– Non-negotiable sea route:
(A) The non-negotiable maritime directive, in whatever name it is, must apparently contain the following:

• by the carrier or representative named for or by the carrier or
• by the commander or representative named for or on behalf of the commander.
Any signature by the carrier, commander or agent must be identifiable as the carrier, commander or agent.
Any signature by the representative must indicate whether the representative has signed for or on behalf of the carrier or for or on behalf of the commander.

• Through pre-printed text
• During the loading note, referring to the date on which the goods were loaded.
The date of issue of the non-negotiable sea route will be considered as the date of shipment, unless it includes a loading note with the date of shipment, in which case the date listed in the loading note will be considered as the shipping date.
If the non-tradable maritime manual contains the phrase “the vessel in question” or a similar phrase relating to the name of the vessel, a loading note indicating the date of shipment and the actual name of the vessel is required.

If the non-tradable shipping instruction does not mention the port of shipment in the credit as the port of shipment, or if it contains the phrase “intended” or a similar phrase in relation to the port of shipment, the shipment note includes the port of shipment and the name of the shipment, date is nessessary .
This requirement applies even in cases where the maritime directive has a pre-printed text relating to the loading and carriage of goods on board the ship.

B) According to this article, the transfer of goods from one vehicle to another means unloading the goods from one ship and reloading them on another ship during the transportation operation from the loading port to the unloading port mentioned in the credit.
C) 1- If the non-tradable sea route indicates the possibility of carrying out or transferring the goods from one ship to another, the entire length of the shipping route must be covered by the same non-tradable sea route unit.

(D) The arrangements made in the non-negotiable maritime letter stating that the carrier reserves the right to transfer the goods from one ship to another shall not apply.
The name of the carrier that is signed as follows: Loading of goods on the ship mentioned in the port of loading listed in the credit as follows: Shipping from the port of loading to the port of unloading listed in the credit. Only the original version of the non-negotiable maritime manual or if more than one original copy has been issued, including all the original copies according to what is stated in the non-negotiable maritime manual. Materials and conditions of carriage Refer to another source that includes materials and conditions of carriage (non-negotiable sea route summary or white back). Material contents and shipping conditions will not be considered. There is no reference to the shipping conditions. Even if the transfer of goods from one ship to another is unauthorized by validity, a non-tradable maritime directive that indicates the possibility of transferring goods from one ship to another is acceptable, provided that the goods are in the container, trailer Or light boats (Lash Barge) to be transported in accordance with the non-negotiable sea freight.

– Closed bill of lading:

A) The bill of lading, whatever its name, is subject to shipping (charter bill of lading) must apparently include the following:

– Signed as follows:
• by the commander or representative named for or by the commander or
• by the shipowner or named representative for or by the owner, or
• by the landlord or agent named for or on behalf of the landlord
Any signature by the commander, owner, lessor or agent in such a way that he can be identified as the commander, owner, lessor or agent.
Any signature by the agent must indicate that the agent has signed as for or on behalf of the commander, owner or lessor.
A representative who signs for or on behalf of the landlord or landlord must include the name of the landlord or landlord.

• Through pre-printed text
• During the loading note, referring to the date on which the goods were loaded.
The date of issue of the bill of lading will be considered as the date of shipment unless it includes a shipping note with the shipping date inserted, in which case the date mentioned in the shipping note will be considered as the shipping date.

Loading of goods on the ship mentioned in the port of loading listed in the credit as follows: Transportation of goods from the port of loading to the port of unloading specified in the credit. The port of evacuation may include a series of ports or a geographical point and in such a way that the credit is entered. Only the original copy of the sealed bill of lading or, if issued in more than one original copy, all copies of the original shall be in accordance with what is stated in the sealed bill of lading. The Bank will not review sealed contracts, even if the terms of the contract are required by the terms of the credit.

– Air transport document

(A) The air transport document, whatever its name, should apparently include the following:

• by the carrier or,
• by the named representative for or on behalf of the carrier.
Any signature by the carrier or agent must be identifiable as the carrier.
Any signature by the representative must indicate that the representative has signed for or on behalf of the carrier.

Entering any other information related to the flight number and date on the air transport document will not be considered as shipping date.

B) According to this article, the transfer of goods from one vehicle to another means unloading from one aircraft and reloading the goods to another aircraft during transportation and transfer from the airport of origin to the airport of destination.
(C) If the air transport document indicates the possibility of carrying or transferring goods from one aircraft to another, or specifies that the goods will be transferred from one aircraft to another, the entire carriageway shall be covered by the same transport unit document.

Name of the carrier, signed as follows: Indicate that the goods have been accepted for shipment. The date of issue of the document will be considered as the date of shipment unless the air freight document contains a specific note of the final date of the flight, in which case the date mentioned in the note will be considered as the date of shipment. Origin airport and destination airport as stated in the validity terms. The original copy is the sender or sender, even if it is specified in the credit to provide all copies. Materials and conditions of carriage or other sources that include materials and conditions of carriage. Material contents and shipping conditions will not be reviewed. Even if the transfer of goods from one aircraft to another is prohibited under the terms of the validity, an air transport document that indicates the possibility of carrying out or carrying out the transfer of goods is acceptable.

– Road, rail or inland waterway transport documents:

(A) A road, rail or inland waterway transport document, whatever its name, should apparently include the following:

• by the carrier or representative named by or for the carrier, or
• The receipt of the goods by the signature, seal or note of the carrier or the named representative for or on behalf of the carrier.
Any signature, seal or note or receipt of the goods by the named carrier, or representative must be identifiable as the carrier, or representative.
Any signature, seal or note of receipt of the goods by the agent must state that the agent has signed or acts for or on behalf of the carrier.
If the name of the carrier is not identifiable in the railway transport document, any signature or seal of the railway company will be accepted as a document signed by the carrier.

B)? – The road transport document must be the original copy of the sender or sender or there is no indication of who the document was prepared for.

C) If the number of copies of the original issued on the document is not mentioned, the number of shipping documents submitted will be considered as complete copies.
D) According to this article, transfer of goods from one vehicle to another means unloading from one vehicle and reloading in another vehicle in the same method of transport during the transport operation from the place of loading, sending or transporting to the place The destination is listed on the credit.
(E) If the road, rail or inland waterway transport document mentions the possibility of carrying or carrying goods from one vehicle to another, the entire length of the transport route must be covered by the same transport document.

Carrier Name Signed as follows: Shipping Date or Date Received in its entirety for loading, shipping or shipping at the location specified in the Credit Conditions. Except in cases where the shipping document includes a dated receipt, date of receipt or date of shipment, the date of issue of the shipping document will be considered as the shipping date. Place of loading and place of destination according to what is stated in the terms of credit. The railway transport document marked “copy” will be accepted as the original. The document, the railway or inland waterway transport document, whether specified as the original or not, will be accepted as the original. Even if the transfer of goods from one vehicle to another is prohibited under the terms of the validity, a road, rail or inland waterway document indicating the possibility of transferring goods from one vehicle to another is acceptable. .

– Courier receipt, postal receipt or postal certificate:

A) The courier receipt indicating the receipt of the goods for shipment, in whatever name, must apparently include the following:

B) If according to the credit conditions, the courier fee must be paid or prepaid, the bank will accept the shipping document issued by the courier service stating that the shipping costs are to the account of someone other than the recipient of the goods.
C) The postal receipt or postal certificate, in whatever name it is, must indicate the receipt of the goods for shipment and must be signed, stamped and dated at the place where the goods are shipped according to the validity conditions.
The name of the courier company and its seal or signature by the courier in the place where the goods must be transported according to the credit conditions. Date of delivery or receipt of the goods or a similar expression, this date will be considered as the date of shipment.

– “Shipping on deck”, “Loading and counting by the sender”, “Contents according to the sender” and “Additional costs on freight”

A) The shipping document should not indicate the loading of the goods on the deck of the ship or indicate that the goods will be loaded on the deck of the ship. The condition stated in the shipping document that the goods may be loaded on the deck of the ship is acceptable.
B) The shipping document containing conditions such as “loading and counting by the sender” and “contents according to the sender’s statement” is acceptable.
C) The shipping document may be stamped or otherwise indicate additional costs in addition to the freight.
Note: The payment or non-payment of such fees is determined from the basis of credit transfer

– Defective shipping document:

The bank only accepts defective shipping documents. A defect-free shipping document is a document that does not contain any conditions or notes that the goods are defective or packaged.

– Document and insurance coverage:

A) An insurance document such as an insurance policy, insurance certificate or statement issued under open insurance coverage must indicate that it was issued and signed by an insurance company, the insurer or their representatives and brokers.
Any signature by the agent or broker must indicate whether the agent or broker has signed “for” or “on behalf of” the insurance company or insurer.
B) If the insurance document has been issued in more than one copy of the original, all copies of the original must be provided.
C) Temporary insurance policies (Cover Notes) are not acceptable.
Note:
In the insurance note, the issuer says that he took the money to insure the goods, but does not confirm that the goods are insured. But the insurance policy is considered as definitive insurance of the goods.
– The date of coverage of the insurance policy must be clear, so it can not be the date after the date of shipment unless it states that the insurance policy covers the risk of the goods from the time of shipment.
“The insurance policy will not be valid until the premium is withdrawn.”
D) An insurance policy is acceptable instead of an insurance certificate or insurance declaration instead of open insurance coverage.
E) The date of the insurance document should not be after the date of shipment unless the appearance of the insurance document indicates that the insurance coverage is valid before the date of shipment.
F) The insurance document must include the amount of insurance coverage and be valid in the same currency.

If no reference is made to the amount of insurance coverage required, the minimum insurance coverage required will be 110% of the CIF or CIP value of the goods.
When the value of the CIF or CIP of the goods is not discernible from the documents, the value of the insurance coverage should be based on the amount of documents requested for the transaction or payment or the gross value of the goods as shown in the list, whichever is greater. Be, be calculated.

G) Credit should include the type of insurance coverage required and, if necessary, other additional risks to be covered. If terms such as “normal risks” or “normal risks” are used, the insurance policy will be accepted regardless of the risks it does not cover.
(H) If “all risks” is determined in accordance with the terms of the credit and the insurance document provided contains a note or condition “against all risks”, whether the title of the insurance document is “all risk” or will be accepted, even If it has excluded some risks.
I) The insurance document can indicate the exempted conditions.
J) The insurance document can indicate the percentage of exemption of the insurer from the payment of damages (deductible) or non-coverage of a certain amount of damages (surplus).
The inclusion of insurance coverage in the credit terms as a percentage of the value of the goods, inventory value or the like will be considered as the minimum required insurance coverage. The insurance document must indicate that the potential risks are covered by insurance, at least from the place of acquisition or transport of the goods to the place of unloading or final destination, as stated in the credit conditions.

– Extension of the expiration date or the last day of submission of documents:

(A) If the expiry date or the last day for the submission of documents coincides with the day on which the bank to which the documents are to be submitted is closed for reasons other than those referred to in Article 36, the expiry date or the last day for submission of documents shall be The first banking day after the holiday will be extended.
B) If the documents are submitted on the first banking day after the closure, the designated bank shall declare in a statement attached to the documents to the issuing or certifying bank that the documents have been submitted to the bank following the extension of the deadline in accordance with paragraph A of Article 29.
C) The extension of the expiration date or the last day of submission of documents in accordance with paragraph A of Article 29 shall not cause the last date of shipment to be extended.

– Fluctuation in credit amount, amount and unit price:

A) The words “approximately” or “approximately” used in connection with the amount of credit or the amount or price of a unit of goods in credit means that a maximum of 10% difference, more or less, of the amount, amount or unit price of the goods in question is allowed. Is a reference.
B) A fluctuation of more or less 6% of the amount of goods in the credit is allowed, provided that the amount of goods is not specified based on the number of packaging units or item by item and the sum of withdrawn amounts is not more than the amount of credit.
Note: (only weighted or bulk goods)?% Is only for the amount of goods (ie the amount payable is the same as the credit limit)
C) Even in cases where gradual shipment is not allowed, fluctuation of 5% less than the amount of credit is allowed, provided that the amount of goods, if stated in the credit, is completely “shipped” and the unit price of goods, if not reduced or the provisions of paragraph b of Article 30 Not applicable. This fluctuation is not applicable in cases where a certain amount of fluctuation in the credit is specified or the terms mentioned in paragraph a of Article 30 are used.

– Gradual shipment or gradual withdrawals:

A) Carrying or withdrawing from the credit is allowed several times.
B) Documents provided in more than one series of shipping documents that indicate transportation by single vehicles and during a single document, provided that they have a single destination, transportation is not considered as many times, even if loading the calendar on different dates or in different ports. Place of receipt, availability and delivery in different places.
If the submitted documents are more than a series of shipping documents, the last shipping date as mentioned in each series of documents will be considered as shipping date.
If the submitted documents contain one or more series of transport documents indicating the transport of goods by several vehicles under one type of transport method, it will be considered as gradual transport (repeated transport), even if the mentioned vehicles depart for a single destination in one day. .
C) Documents provided that include several courier receipts, postal receipts or postal certificates , Signed or otherwise certified will not be considered a gradual shipment.

– Installment withdrawal / shipping in certain periods:

If the installment withdrawal or shift shipment in certain periods is specified in the credit conditions, but the relevant installment is not withdrawn from the credit place during the prescribed period or the goods related to that period are not transported, the credit will not be usable for that installment and subsequent installments. Was.

Document submission hours:

The bank is not obliged to accept documents that are submitted outside the bank’s working hours.

– No responsibility for the authenticity of documents:

The Bank has no obligation or responsibility for the form, adequacy, accuracy, authenticity, forgery or accuracy of any document or for the public and private conditions specified in or attached to a document. The Bank also has no obligation or responsibility for the description, amount , Weight, quality, condition, packaging, delivery, value or presence of goods, services or other functions related to documents or in good faith, act or omission, financial purification of performance or credit of sender, carrier, recipient or insurer of goods Or any other person is not responsible.

– No responsibility for transmitting and translating messages:

The Bank has no obligation or liability for the consequences of delays, disappearances, errors or other errors in the sending of any message or delivery of letters and documents if the said messages, letters and documents in accordance with the instructions contained in the terms The credit has been sent or in the absence of a specific order in the terms of credit and “direct” to send and deliver the document, letter and message is not responsible.
If the designated bank meets the documents provided with the credit terms and sends the documents to the issuing or certifying bank, regardless of whether the designated bank has paid or traded the documents or not, the issuing bank or the certifying bank must report Pay, transaction or cover money to the designated bank even if the shipping documents are missing during the transfer between the designated bank and the issuing bank or the confirming bank or between the certifying bank and the issuing bank.
The Bank assumes no liability or liability for errors in translation or interpretation of technical terms and may transmit credit terms without translation.

– Force majeure (coercion):

The Bank assumes no liability or responsibility for the consequences of the termination of the Bank due to divine providence, insurrection, civil unrest, riots, war or terrorist operations, as well as strikes or resignations or any other reasons beyond the Bank’s control. does not have.
After reactivation, the Bank will not take any action regarding the payment or transaction of documents whose maturity of the said credit expires during the period of suspension of the bank.

Lack of responsibility for the performance of brokerage banks:

A) A bank that uses the services of another bank in order to carry out the orders of the credit applicant shall perform this action on the account and responsibility of the credit applicant.
B) The issuing or notifying bank does not assume any obligation or responsibility for non-compliance with the orders given, even if it has selected the mentioned banks.
C) The bank that orders the services to another bank is responsible for paying any fees, commissions, expenses or expenses incurred by the said bank in connection with the given orders.
If it is specified in the credit that the expenses are the responsibility of the beneficiary of the credit and the said expenses cannot be collected or deducted from the paid amount, the issuing bank is responsible for paying the mentioned expenses.
The notification of credit or amendment to the beneficiary shall not be subject to the receipt of related costs and expenses by the second notifying bank or notifier.
D) The credit applicant shall be obliged and liable to compensate the bank for all obligations and responsibilities arising from custom and foreign laws.

– Transferable credits:

(A) The Bank shall have no obligation to transfer credit except in the manner and to the extent that it has expressly agreed to it.
B) In terms of this article:
Transferable credit: means credit whose “transferability” is clearly stated in the credit. Transferable credit may, at the request of the beneficiary (first beneficiary) in whole or in part, be made available to the other beneficiary (second beneficiary).
Transfer Bank: means the designated bank that has transferred credit or in case of credit that can be used by any bank (Freely Available Credit) is a bank that is specifically authorized by the issuing bank to transfer credit and transfer credit. The issuing bank can also be the transferring bank.
Transferred credit: means credit provided to the second beneficiary by the transferring bank.
C) All expenses incurred (such as fees, commissions, fees or expenses) in connection with the transfer of credit shall be paid by the beneficiary unless otherwise agreed at the time of transfer of credit.
Or
Unless otherwise agreed at the time of the credit, all costs incurred (such as fees, commissions, fees or expenses) in connection with the transfer of credit shall be borne by the beneficiary.
(D) Credit may be transferred to more than one second beneficiary provided that the gradual transfer or withdrawal of credit is permitted.
The transferred credit cannot be transferred to the subsequent beneficiaries at the request of the second beneficiary. The first beneficiary is not considered as the next beneficiaries.
(E) Whenever a credit transfer is requested, it must specify under what circumstances the credit adjustments may be communicated to the second beneficiary.
F) If a credit has been transferred to more than one second beneficiary, the non-acceptance of an amendment by one or more second beneficiaries will affect the validity of the amendments accepted by the other beneficiaries and the credit thus transferred will be modified. Will be considered. In relation to the second beneficiaries who have not accepted the relevant amendment, the terms of the credit will remain unchanged.
(G) Transferred credit must accurately reflect all credit terms, including credit confirmation, except for the following:
– The amount of credit (THE AMOUNT OF THE CREDIT)
– Any unit price mentioned in the credit (ANY UNIT PRICE STATED THEREIN)
– EXPIRY DATE
– PERIOD FOR PRESENTATION, OR
– Last shipping date or shipping period
That any or all of them can be reduced or limited.
The percentage of insurance coverage that must be obtained can be increased in such a way as to provide the insurance coverage specified in the credit or these materials.
The name of the beneficiary can replace the applicant for credit.
However, if it is specified in the credit that the name of the applicant must be included in every document except the list, this requirement must be observed.
H) The first beneficiary has the right to replace the list with the second beneficiary. Provided that the amount is not more than the amount specified in the credit terms, and in case of replacement of the list, the first beneficiary can withdraw the difference between his list and the second beneficiary list, if any.
D) The first beneficiary can state in the credit transfer request that the payment or transaction of documents to the second beneficiary takes place at the place of credit transfer and until the expiration date of the credit. This will not affect the right of the first beneficiary to replace his list with the second beneficiary and to claim the relevant difference in the first beneficiary.
The first beneficiary should refuse to do so at the first request if the second beneficiary has to replace his or her list with the first beneficiary, or if the lists provided by the first beneficiary have discrepancies that do not exist in the documents provided by the second beneficiary. If the first beneficiary refuses to correct these discrepancies with the first request, the transferring bank will have the right to submit the documents received from the second beneficiary to the credit-issuing bank without further responsibility to the first beneficiary.
J) Submission of documents to the transferring bank must be done by the second beneficiary or on his behalf.

– Assignment of income

The mere fact that a credit does not have a transferable title does not interfere with the right of the beneficiary to transfer the proceeds which he has received or will receive under the applicable law. This article only deals with the assignment of claims (income from credit) and has nothing to do with the rights related to the work under the credit itself.

Author: persian / Date: 2017-10-26
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