《国际商会托收统一规则URC522》英文版.docx

1、国际商会托收统一规则URC522英文版ICC Uniform Rules for Collections ICC Publication No. 522 1995 Revision in force as of January 1, 1996 CONTENT A.General Provisions and Definitions Application of URC 522 Definition of Collection Parties to a Collection B.Form and Structure of Collections C.Form of Presentation Pr

2、esentation Sight/Acceptance Release of Commercial Documents Documents Against Acception (D/A) vs Documents Against Payment (D/P) Creation of Documents D.Liabilities and Responsibilities Good Faith and Reasonable Care Documents vs. Goods/Services/Performances Disclaimer for Acts of an Instructed Part

3、y Disclaimer on Documents Received Disclaimer on Effectiveness of Documents Disclaimer on Delays,Loss in Transit and Translation Force Majeure E. Payment Payment Without Delay Payment in Local Currency Payment in Foreign Currency Partial Payment F.Interest,Charges and Expenses Interest Charges and E

4、xpenses G. Other Provisions Acceptance Promissory Notes and other Instructions Protest Case-of-Need Advices A.General Provisions and Definitions Article 1 Application of URC 522 a.The Uniform Rules for Collections, 1995 Revision, ICC Publication No.522, shall apply to all collections as defined in A

5、rticle 2 where such rules are incorporated into the text of the “collection instruction” referred to in Article 4 and are binding on all parties thereto unless otherwise expressly agreed or contrary to the provisions of a national,state or local law and/or regulation which cannot be departed from. b

6、.Banks shall have no obligation to handle either a collection or any collection instruction or subsequent related instructions. c.If a bank elects, for any reason, not to handle a collection or any related instructions received by it, it must advise the party from whom it received the collection or

7、the instructions by telecommunication or, if that is not possible, by other expeditious means, without delay. Article 2 Definition of Collection For the purposes of these Articles: a.“Collection”means the handling by banks of documents as defined in sub-Article 2 (b), in accordance received, in orde

8、r to: I. obtain payment and/or acceptance, or II. deliver documents against payment and/or against acceptance,or III. deliver documents on other terms and conditions. b.“Documents”means financial documents and/or commercial documents: I. “Financial documents”means bills of exchange,promissory notes,

9、 cheques, or other similar instruments used for obtaining the payment of money; II. “Commercial documents” means invoice,transport documents,documents of title or other similar documents,or any other documents whatsoever, not being financial documents. c.”Clean collection” means collection of financ

10、ial documents not accompanied by commercial documents. d.”Documentary collection”means collection of: I. financial documents accompanied by commercial documents; II.Commercial documents not accompanied by financial documents. Article 3 a.For the purposes of these Articles the “parties thereto” are:

11、I.the “principal” who is the party entrusting the handling of a collection to a bank; II.the “remitting bank” which is the bank to which the principal has entrusted the handling of a collection; III.“collecting bank” which is any bank,other than the remitting bank, involved in processing the collect

12、ion; IV.the “presenting bank” which is the collecting bank making presentation to the drawee. b.The “drawee” is the one to whom presentation is to be made in accordance with the collection instruction. BForm and Structure of Collections Article 4 Collection Instruction A i. All documents sent for co

13、llection must be accompanied by a collection instruction indicating that the collection is subject to URC522 and giving complete and precise instructions. Banks are only permitted to act upon the instructions given in such collection instruction,and in accordance with these Rules. ii. Banks will not

14、 examine documents in order to obtain instructions. iii. Unless otherwise authorized in the collection instruction, banks will disregard any instructions from any party/bank other than the party/bank from whom they received the collections. B A collection instruction should contain the following ite

15、ms of information,as appropriate. i.Details of the bank from which the collection was received including full name,postal and SWIFT addresses,telex,telephone,facsimile numbers and referece. ii.Details of the principal including full name, postal address,and if applicable telex,telephone and facsimil

16、e numbers. iii.Details of the drawee including full name,postal address,or the domicile at which presentation is to be made and if applicable telex, telephone and facsimile numbers. iv.Details of the presenting bank,if any,including full name,postal address,and if applicable telex, telephone and fac

17、simile numbers. v.Amount(s) and currency(ies) to be collected. vi.List of documents enclosed and the numerial count of each document. vii.a) Terms and conditions upon which payment and/or acceptance is to be obtained. b) Terms of delivery of documents against: 1) payment and/or acceptance 2)other te

18、rms and conditions It is the responsibility of the party preparing the collection instruction to ensure that the terms for the delivery of documents are clearly and unambiguously stated, otherwise banks will not be responsible for any consequences arising therefrom. viii.Charges to be collected, ind

19、icating whether they may be waived or not. ix.Interest to be collected, if applicable, indicating whether it may be waived or not, including: a)rate of interest b)interest period c)basis of calculation (for example 360 or 365 days in year) as applicable. x.Method of payment and form of payment advic

20、e. xi.Instrucitons in case of non-payment, non-acceptance and/or non-compliance with other instructions. i.Collection instructions should bear the complete address of the drawee or of the domicile at which the presentation is to be made. If the address is incomplete or incorrect, the collecting bank

21、 may, without any liability and responsibility on its part, endeavour to ascertain the proper address. ii.The collecting bank will not be liable or responsible for any ensuing delay as a result of an incomplete.incorrect address being provided. B.Form of Presentation Article 5 Presentation a. For th

22、e purposes of these Articles, presentation is the procedure whereby the presenting bank makes the documents available to the drawee as instructed. b. The collection instruction should state the exact period of time within which any action is to be taken by the drawee. Expressions such as “first”, “p

23、rompt”,”immediate”, and the like should not be used in connection with presentation or with reference to any period of time within which documents have to be taken up or for any other action that is to be taken by the drawee. If such terms are used banks will disregard them. c. Documents are to be p

24、resented to the drawee in the form in which they are received, except that banks are authorized to affix any necessary stamps, at the expense of the party from whom they received the collection unless otherwise instructed, and to make any necessary endorsements or place any rubber stamps or other id

25、entifying marks or symbols customary to or required for the collection operation. d. For the purpose of giving effect to the instructions of the principal, the remitting bank will utilize the bank nominated by the principal as the collecting bank. In the absence of such nomination, the remitting ban

26、k will utilize any bank of its own, or another banks choice in the country of payment or acceptance or in the country where other terms and conditions have to be complied with. e. The documents and collection instruction may be sent directly by the remitting bank to the collecting bank or through an

27、other bank as intermediary. f. If the remitting bank does not nominate a specific presenting bank, the collecting bank may utilize a presenting bank of its choice. Article 6 Sight/Acceptance In the case of documents payable at sight the presenting bank must make presentation for payment without dela

28、y. In the case of documents payable at a tenor other than sight the presenting bank must, where acceptance is called for, make presentation for acceptance without delay, and where payment is called for, make presentation for payment not later than the appropriate maturity date. Article 7 Release of

29、Commercial Documents Documents Against Acceptance (D/A) vs. Documents Against Payment (D/P) a.Collection should not contain bills of exchange payable at a future date with instruction that commercial documents are to be delivered against payment. b. If a collection contains a bill of exchange payabl

30、e at a future date, the collection instruction should state whether the commercial documents are to be released to the drawee against acceptance (D/A) or against payment (D/P). In the absence of such statement commercial documents will be released only against payment and the collecting bank will no

31、t be responsible for any consequences arising out of any delay in the delivery of documents. c. If a collection contains a bill of exchange payable at a future date and the collection instruction indicates that commercial documents are to be released against payment, documents will be released only

32、against such payment and the collecting bank will not be responsible for any consequences arising out of any delay in the delivery of documents. Article 8 Creation of Documents Where the remitting bank instructs that either the collecting bank or the drawee is to create documents (bills of exchange promis