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논문 기본 정보
- 자료유형
- 학술대회자료
- 저자정보
- 발행연도
- 2003.10
- 수록면
- 413 - 415 (25page)
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초록· 키워드
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The publication International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit (ISBP) is the product by a task force of the ICC Banking Commission, October 2002.
The ISBP is a practical complement to UCP 500, ICC's universally used rules on documentary credits. The ISBP does not amend the UCP. It explains, in explicit detail, how the rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner.
By using the ISBP, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation.
We are convinced that the benefits of the ISBP will not only be of high importance for users of UCP 500, but also that the practices in the ISBP will survive a UCP revision, or will even be included in the next version of the rule (so call "UCP 600").
Though the above-mentioned benefits of the ISBP, there are several troublesome topics that will probably have to wait for a new UCP revision.
① One of the more difficult topics was the question of the "language" of documents (para. 26). Here almost everyone had his own views. Some said that all credits and documents must be issued in English; others felt: that all languages should be acceptable.
② Another difficult topic was "shipping marks" (Para. 36). The question was whether all documents have to show the marks, whether there is a difference between "marks" and other details related to the marks, and also whether "marks and all details" should be stated in the documents, or whether "marks" alone would do.
③ Whether and how certificates, etc. should be signed and dated was another topic widely discussed (Para. 13 and 39).
④ Para. 22(b) of the ISBP gives the term "stale documents acceptable" a meaning although there is an official Opinion (ICC Publication 371) that since the term "stale" no longer appeared in the Uniform Customs and Practices, it should no longer be used in credits.
⑤ The task force received many comments concerning the name and address of the beneficiary and of the applicant on invoices (Para. 26) - whether all details should be stated in the credit (phone number, account number, etc.), whether the address must be exactly as stated in the credit or even whether an address must be stated at all.
⑥ In the Para. 45(d) of the ISBP, the term "from" receives the meaning of excluding the first day of the period mentioned, although R. 294 of ICC Publication 565 contains a statement that "However, 'from' is widely accepted as being inclusive of the first day of the period concerned, while 'after' commences the date following receipt or action."
⑦ Para. 98 of the ISBP relates to the notion that if a credit stipulates that costs additional to freight are not acceptable, a bill of lading must not indicate that charges and/or costs additional to freight have been or will be incurred. We wonder whether every document examiner would have knowledge of "all charges or costs additional to freight" stipulated in a bill of lading.
⑧ Para. 187 of the ISBP relates to the insurance document for partial cover. This is a totally new approach without there being any official Opinion of ICC on this issue. We strongly disapprove of the notion that every document examiner will now have to familiarize himself with all possible clauses.
⑨ Other questions : Is the title or the content of a document most important? Does a document need to have a title? (Para. 43). What does "third party" mean? (Para. 22). Who are the two parties? Is the bank one of them? Is the beneficiary one of the two parties or is he a third party?
We often believe that words and phrases have a common meaning, but at times they cause misunderstandings. The sign "/" is one of them (Para. 7). It means and/or. Or does it? What if the B/L states "Busan/Korea" as the port of loading?
From the above, it is clear that at times the task force had to find acceptable compromises to reflect international standard banking practice in order to improve the examination of documents worldwide. It will be a challenge for the drafters of a future UCP to find solutions that will further clarify these points.
The ISBP is a practical complement to UCP 500, ICC's universally used rules on documentary credits. The ISBP does not amend the UCP. It explains, in explicit detail, how the rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner.
By using the ISBP, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation.
We are convinced that the benefits of the ISBP will not only be of high importance for users of UCP 500, but also that the practices in the ISBP will survive a UCP revision, or will even be included in the next version of the rule (so call "UCP 600").
Though the above-mentioned benefits of the ISBP, there are several troublesome topics that will probably have to wait for a new UCP revision.
① One of the more difficult topics was the question of the "language" of documents (para. 26). Here almost everyone had his own views. Some said that all credits and documents must be issued in English; others felt: that all languages should be acceptable.
② Another difficult topic was "shipping marks" (Para. 36). The question was whether all documents have to show the marks, whether there is a difference between "marks" and other details related to the marks, and also whether "marks and all details" should be stated in the documents, or whether "marks" alone would do.
③ Whether and how certificates, etc. should be signed and dated was another topic widely discussed (Para. 13 and 39).
④ Para. 22(b) of the ISBP gives the term "stale documents acceptable" a meaning although there is an official Opinion (ICC Publication 371) that since the term "stale" no longer appeared in the Uniform Customs and Practices, it should no longer be used in credits.
⑤ The task force received many comments concerning the name and address of the beneficiary and of the applicant on invoices (Para. 26) - whether all details should be stated in the credit (phone number, account number, etc.), whether the address must be exactly as stated in the credit or even whether an address must be stated at all.
⑥ In the Para. 45(d) of the ISBP, the term "from" receives the meaning of excluding the first day of the period mentioned, although R. 294 of ICC Publication 565 contains a statement that "However, 'from' is widely accepted as being inclusive of the first day of the period concerned, while 'after' commences the date following receipt or action."
⑦ Para. 98 of the ISBP relates to the notion that if a credit stipulates that costs additional to freight are not acceptable, a bill of lading must not indicate that charges and/or costs additional to freight have been or will be incurred. We wonder whether every document examiner would have knowledge of "all charges or costs additional to freight" stipulated in a bill of lading.
⑧ Para. 187 of the ISBP relates to the insurance document for partial cover. This is a totally new approach without there being any official Opinion of ICC on this issue. We strongly disapprove of the notion that every document examiner will now have to familiarize himself with all possible clauses.
⑨ Other questions : Is the title or the content of a document most important? Does a document need to have a title? (Para. 43). What does "third party" mean? (Para. 22). Who are the two parties? Is the bank one of them? Is the beneficiary one of the two parties or is he a third party?
We often believe that words and phrases have a common meaning, but at times they cause misunderstandings. The sign "/" is one of them (Para. 7). It means and/or. Or does it? What if the B/L states "Busan/Korea" as the port of loading?
From the above, it is clear that at times the task force had to find acceptable compromises to reflect international standard banking practice in order to improve the examination of documents worldwide. It will be a challenge for the drafters of a future UCP to find solutions that will further clarify these points.
목차
ABSTRACT
Ⅰ. 머리말
Ⅱ. ISBP의 의의와 배경
Ⅲ. ISBP의 주요특징
Ⅳ. ISBP의 효과와 문제점
Ⅴ. 맺음말
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