(一)ucp600实务风险例证.ppt

UCP600 信用证实务风险与例证 阎之大 国外对我国银行单证处理的看法 某国外专业报刊文章标题 Some Chinese banks cite typos to help clients avoid paying for deals Published:?Monday, November 10, 2008 By Joanne Lee-Young, Vancouver 案例之一 The lumber was shipped and received, and the exporting company had sent off all the usual trade documents. But the buyers bank in China refused to release funds because of a single typo==anti-surfaced stain ,mistakenly read anti-surfac stain”. 案例之二 In another case, a company ABC Limited on one sheet, didnt exactly match the ABC Ltd. that the Chinese bank had on its copy. Again, no money. 案例之三 In yet another example, a Chinese bank declined to pay, citing that pages in a document were numbered incorrectly, as one page was unmarked. 负面评价 They are recently re-practicing a bad habit of digging up frivolous（琐碎的）discrepancies even punctuation mistakes. By finding these, they have a good pretext not to pay so that they can save a ton of money. You always have to be perfect with LCs in order to be paid, because the reason to refuse could be as minor as centre spelled as center, e-r not r-e. Remember to Dot your is. Cross your ts. 正面评价 We dont believe that this is the practice of the major banks in China, especially the ones from larger centers like Beijing, Shanghai and Shenzhen. It is happening out of smaller banks, where they have more allegiance(忠贞)to their customer than to their head office. LC要求CERTIFICATE，提交REPORT是否构成不符点？ 案情 信用证要求 ‘a certificate duly signed by the captain stating the cleanness of the tank steamer’，但提交的为 inspection report。 问题 开证行能拒付，不符点是什么？ 不符点是： REPORT I/O CERTIFICATE 问题 寄单行如何反驳？ 寄单行认为这仅仅是单据的标题问题，按照ISBP，单据可以用类似标题或不用标题。 就此问题应该如何分析，不符点成立吗？ 分析 The title of the document does not show the term “ certificate”, nor does the document elsewhere bear a wording like “certificate”, “we hereby certify”, “it is certified”, or the like, which one would expect under a credit that requires presentation of a certificate. 结论 因为提交的是一