Uniform Customs and Practice for Documentary Credits
(1993 Revision)
A. General Provisions and Definitions
1. Application of UCP
2. Meaning of Credit
3. Credits v Contracts
4. Documents v Goods/Services/Performances
5. Instructions to Issue/Amend Credits
B. Form and Notification of Credits
6. Revocable v. Irrevocable Credits
7. Advising Bank's Liability
8. Revocation of a Credit
9. Liability of Issuing and Confirming Banks
10 Types of Credit
11. Teletransmitted and Pre-Advised Credits
12. Incomplete or Unclear Instructions
C. Liabilities and Responsibilities
13. Standard for Examination of Documents
14. Discrepant Documents and Notice
15. Disclaimer on Effectiveness of Documents
16. Disclaimer on the Transmission of Messages
17. Force Majeure
18. Disclaimer for Acts of an Instructed Party
19. Bank-to-Bank Reimbursement Arrangements
D. Documents
20. Ambiguity as to the Issuers of Documents
21. Unspecified Issuers or Contents of Documents
22. Issuance Date of Documents v. Credit Date
23. Marine/Ocean Bill of Lading
24. Non-Negotiable Sea Waybill
25. Charter Party Bill of Lading
26. Multimodal Transport Document
27. Air Transport
28. Document Road, Rail or Inland Waterway Transport Documents
29. Courier and Post Receipts
30. Transport Documents Issued by Freight Forwarders
31. "On Deck," "Shipper's Load and Count," Name of Consignor
32. Clean Transport Documents
33. Freight Payable/Prepaid Transport Documents
34. Insurance Documents
35. Type of Insurance Cover
36. All Risks Insurance Cover
37. Commercial Invoices
38. Other Documents
E. Miscellaneous Provisions
39. Allowances in Credit Amount, Quantity and Unit Price
40. Partial Shipments/Drawings
41. Instalment Shipments/Drawings
42. Expiry Date and Place for Presentation of Documents
43. Limitation of the Expiry Date
44. Extension of Expiry Date
45. Hours of Presentation
46. General Expressions as to Dates for Shipment
47. Date Terminology for Periods of Shipment
F. Transferable Credit
48. Transferable Credit
G. Assignment of Proceeds
49. Assignment of Proceeds
A. GENERAL PROVISIONS AND DEFINITIONS
Article 1. Application of UCP
The Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500, shall apply to all documentary Credits (including to the extent to which they may be applicable, Standby Letter(s) of Credit) where they are incorporated into the text of the Credit. They are binding on all parties thereto, unless otherwise expressly stipulated in the Credit.
Article 2. Meaning of Credit
For the purposes of these Articles, the expressions "Documentary Credit (s)" and "Standby Letter(s) of Credit" (hereinafter referred to as "Credit (s) "), rmean any arrangement, however named or described, whereby a bank(the "Issuing Bank") acting at the request and on the instructions of a customer (the "Applicant") or on its own behalf,
I) is to make a payment to or to the order of a third party(the "Beneficiary"), or is to accept and pay bills of exchange(Draft(s)) drawn by the Beneficiary, or
ii) authorises another bank to effect such payment, or to accept and pay such bills of exchange(Draft(s)), or
iii) authorises another bank to negotiate, against stipulated document(s), provided that the terms and conditions of the Credit are complied with. For the purposes of these Articles, branches of a bank in different countreis are considered another bank.
Article 3. Credits v. Contracts
a. Credits, by their nature, are separate transactions from the sales or other contract(s) on which they may be based and banks are in no way concerned with or bound by such contract(s), even if any reference whatsoever to such contract(s) is included in the Credit. Consequently, the undertaking of a bank to pay, accept and pay Draft(s) or negotiate and/or to fulfil any other obligation under the Credit, is not subject to claims or defences by the Applicant resulting from his relationships with the Issuing Bank or the Beneficiary.
B. A Beneficiary can in no case avail himself of the contractual relationships existing between the banks or between the Applicant and the Issuing Bank.
Article 4. Documents v. Goods/Services/Performances
In Credit operations all parties concerned deal with documents, and not with goods, services and/or other performances to which the documents may relate.
Article 5. Instructions to Issue/Amend Credits
a. Instructions for the issuance of a Credit, the Credit itself, instructions for an amendment thereto, and the amendment itself, must be complete and precise. In order to guard against confusion and misunderstanding, banks should discourage any attempt
I) to include excessive detail in the Credit or in any amendment thereto;
ii) to give instructions to issue, advise or confirm a Credit by reference to a Credit previously issued (similar Credit) where such previous Credit has been subject to accepted amendment(s), and/or unaccepted amendment(s),
b. All instructions for the issuance of a Credit and the Credit itself and, where applicable, all instructions for an amendment thereto and the amendment itself, must state precisely the document(s) against which payment, acceptance or negotiation is to be made.