统一惯例英文版.doc

Preface In November 1989, the International Chamber of Commerce Commission on Banking?Technique and Practice authorized the revision of the Uniform Customs and Practice for Documentary Credits Publication No.400. This revision was required to address new developments in the transport industry and new technological applications.? It is also intended to improve the functioning of the CUP.? Some surveys indicate that approximately fifty percent of the documents presented under the Documentary Credit are rejected because of discrepancies or apparent discrepancies.? This diminishes the effectiveness of the Documentary Credit and can have a financial impact on those involved in the product.? It may also increase the costs and reduce the profit margins of importers, exporters and banks. The marked increase in litigation involving Documentary Credits has also been of great concern. To address these questions, the Commission on Banking Technique and Practice established a Working Group for the revision of the CUP 400.? This group was composed of?international bankers, law professors, and banking lawyers to ensure that all of these issues were thoroughly explored.? The Working Groups mandate was to (1)simplify the UCP 400 Rules; (2)incorporate international banking practices, as well as to facilitate and standardize developing practices; (3)enhance the integrity and reliability of the Documentary Credit undertaking, through the presumption of irrevocability and clarification of the primary liability, not only of the issuing bank, but also of the confirming bank; (4)address the problems of non-documentary conditions and(5)list, in detail, the elements of acceptability for each category of transport document. The Working Group considered not only the practice relative to the Documentary Credit, but also tried to envisage the future evolution of Documentary Credits.? How should the Working Group predict what kind of Documentary Credit Rules would meet the future needs of interna