Issuing Bank: Bank I issued its irrevocable negotiable restricted Credit in favor of the Beneficiary and advised it to the Beneficiary through Bank A.
Advising Bank: Bank A advised the Credit to the Beneficiary.
Credit: In the special instructions, the Credit stated that Bank A was to reimburse on Bank R for negotiations effected there under.
Reimbursement Authority: Bank I instructed Bank R that claims for reimbursement under the Reimbursement Authority were restricted to Bank A.
Beneficiary: The Beneficiary presented the document to Bank B for negotiation. Bank B determined that they were in compliance with the terms and conditions of the Credit, negotiated the documents, forwarded them to Bank I and claimed reimbursement from Bank R.
Reimbursing Bank: Bank R honored the claim made under the Reimbursement Authority.
Issuing Bank: Upon receipt of the documents, Bank I examined them and determined that they were discrepant. Bank I immediately notified Bank B by teletransmission that it had rejected the drawing for the noted discrepancies and informed Bank B that their Credit was not issued “freely negotiable” but had restricted negotiation to Bank A. Bank I further requested instructions as to the disposal of the documents and refund of the amount reimbursed by Bank R with interest from day of payment until refunded.
Negotiating Bank: Bank B rejected the dishonor of the drawing by Bank I for the discrepancies noted and refused to refund the payment made.
Issuing Bank: Bank I contacted the reimbursing bank, Bank R, informing them that their authority to reimburse was very clear in that Bank I stated that Bank R was authorized to honor claims made by Bank A only. In violation of this restricted authority, Bank R had reimbursed an unauthorized claiming bank and debited the current account of Bank I. In view of the fact that a dispute had arisen between the banks and could not be resolved, Bank I was making a formal demand that Bank R reverse the debit to Bank I’s account with good value.
Queries: Please review, analyze the queries, give your opinion and be prepared to answer each query.
(1) Was Bank R correct in honoring the reimbursement claim from Bank B?
(2) Does Bank R have to honor the request for reversal of the debit to the account of Bank I?
信用证样本(中英文对照)
信用证样本:
以下信用证内容源自华利陶瓷厂与一塞浦路斯客户所开立并顺利支付的信用证
TO:BANK OF CYPRUS LTD
LETTERS OF CREDIT DEPARTMENT
NTCOSIA COMMERCIAL OPERATIONS CENTER
INTERNATIONAL DIVISION
******
******
TEL:******
FAX:******
TELEX:2451 & 4933 KYPRIA CY
SWIFT:BCYPCY2N
DATE :23 MARCH 2005
APPLICATION FOR THE ISSUANCE OF A LETTER OF CREDIT
SWIFT MT700 SENT TO:MT700转送至
STANDARD CHARTERD BANK
UNIT 1-8 52/F SHUN NIND SQUARE
O1 WANG COMMERCIAL CENTRE,SHEN NAN
ROAD EAST,SHENZHEN 518008 - CHINA
渣打银行深圳分行
深南东路5002号
信兴广场地王商业大厦52楼1-8单元
电 话: 82461688
:27: SEQUENCE OF TOTAL 序列号
1/1 指只有一张电文
:40A: FORM OF DOCUMENTARY CREDIT跟单信用证形式
IRREVOCABLE 不可撤消的信用证
:20OCUMENTARY CREDIT NUMBER信用证号码
00143-01-0053557
:31C: DATE OF ISSUE开证日
如果这项没有填,则开证日期为电文的发送日期。
:31DATE AND PLACE OF EXPIRY 信用证有效期
050622 IN CHINA 050622在中国到期
:50: APPLICANT 信用证开证审请人
******* NICOSIA 较对应同发票上是一致的
:59: BENEFICIARY 受益人
CHAOZHOU HUALI CERAMICS FACTORY
FENGYI INDUSTRIAL DISTRICT, GUXIANG TOWN, CHAOZHOU CITY,GUANGDONG PROVINCE,CHINA.潮州华利陶瓷洁具厂
:32B: CURRENCY CODE ,AMOUNT 信用证项下的金额
USD***7841,89
:41D :AVAILABLE WITH....BY.... 议付适用银行
STANDARD CHARTERED BANK
CHINA AND/OR AS BELOW 渣打银行或以下的
BY NEGOTIATION 任何议付行
:42CRAFTS AT 开汇票
SIGHT 即期
:42A RAWEE 付款人
BCYPCY2NO10
BANK OF CYPRUS LTD 塞浦路斯的银行名
:43PARTIAL SHIPMENTS 是否允许分批装运
NOT ALLOWED 不可以
:43T:TRANSHIPMENT转运
ALLOWED允许
:44AOADING ON BOARD/DISPATCH/TAKING IN CHARGE AT/FROM...装船港口
SHENZHEN PORT深圳
:44B:FOR TRANSPORTATION TO 目的港
LIMASSOL PORT发票中无提及
:44C: LATEST DATE OF SHIPMENT最后装船期
050601
:045A ESCRIPTION OF GOODS AND/OR SERVICES 货物/服务描述
SANITARY WARE 陶瓷洁具
F O B SHENZHEN PORT,INCOTERMS 2000 fob深圳港,INCOMTERMS 2000
:046A OCUMENTS REQUIRED 须提供的单据文件
*FULL SET (AT LEAST THREE) ORIGINAL CLEAN SHIPPED ON BOARD BILLS
OF LADING ISSUED TO THE ORDER OF BANK OF CYPRUS PUBLIC COMPANY
LTD,CYPRUS,NOTIFY PARTIES APPLICANT AND OURSELVES,SHOWING
全套清洁已装船提单原件(至少三份),作成以“塞浦路斯股份有限公司”为抬头,
通知开证人和我们自己,注明
*FREIGHT PAYABLE AT DESTINATION AND BEARING THE NUMBER OF THIS
CREDIT.
运费在目的港付注明该信用证号码
*PACKING LIST IN 3 COPIES.
装箱单一式三份
*CERTIFICATE ISSUED BY THE SHIPPING COMPANY/CARRIER OR THEIR
AGENT STATING THE B/L NO(S) AND THE VESSEL(S) NAME CERTIFYING
THAT THE CARRYING VESSEL(S) IS/ARE:
A) HOLDING A VALID SAFETY
MANAGEMENT SYSTEM CERTIFICATE AS PER TERMS OF INTERNATIONAL
SAFETY MANAGEMENT CODE AND
B) CLASSIFIED AS PER INSTITUTE CLASSIFICATION CLAUSE 01/01/2001
BY AN APPROPRIATE CLASSIFICATION SOCIETY
由船公司或代理出有注明B/L号和船名的证明书证明他们的船是:
A)持有根据国际安全管理条款编码的有效安全管理系统证书; 和
B)由相关分级协会根据2001年1月1日颁布的ICC条款分类的.
*COMMERCIAL INVOICE FOR USD11,202,70 IN 4 COPIES DULY SIGNED BY
THE BENEFICIARY/IES, STATING THAT THE GOODS SHIPPED:
A)ARE OF CHINESE ORIGIN.
B)ARE IN ACCORDANCE WITH BENEFICIARIES PROFORMA INVOICE NO.
HL050307 DATED 07/03/05.
由受益人签署的商业发票总额USD11,202,70一式四份,声明货物运输:
A)原产地为中国
B)同号码为HL050307 开立日为 07/03/05的商业发票内容一致
:047A: ADDITIONAL CONDITIONS附加条件
* THE NUMBER AND DATE OF THE CREDIT AND THE NAME OF OUR BANK MUST
BE QUOTED ON ALL DRAFTS (IF REQUIRED).
信用证号码及日期和我们的银行名必须体现在所有单据上(如果有要求)
*TRANSPORT DOCUMENTS TO BE CLAUSED: ’VESSEL IS NOT SCHEDULED TO
CALL ON ITS CURPENT VOYAGE AT FAMAGUSTA,KYRENTA OR KARAVOSTASSI,
CYPRUS.
运输单据注明" 船在其航行途中不得到塞***的Famagusta, Kyrenta or Karavostassi这些地方
*INSURANCE WILL BE COVERED BY THE APPLICANTS.保险由申请人支付
*ALL DOCUMENTS TO BE ISSUED IN ENGLISH LANGUAGE.所有单据由英文缮制
*NEGOTIATION/PAYMENT:UNDER RESERVE/GUARANTEE STRICTLY 保结押汇或是银行保函
PROHIBITED. 禁止
*DISCREPANCY FEES USD80, FOR EACH SET OF DISCREPANT DOCUMENTS
PRESENTED UNDER THIS CREDIT,WHETHER ACCEPTED OR NOT,PLUS OUR
CHARGES FOR EACH MESSAGE CONCERNING REJECTION AND/OR ACCEPTANCE
MUST BE BORNE BY BENEFICIARIES THEMSELVES AND DEDUCTED FROM THE
AMOUNT PAYABLE TO THEM.
修改每个单据不符点费用将扣除80美元(最多40)
*IN THE EVENT OF DISCREPANT DOCUMENTS ARE PRESENTED TO US AND
REJECTED,WE MAY RELEASE THE DOCUMENTS AND EFFECT SETTLEMENT UPON
APPLICANT’S WAIVER OF SUCH DISCREPANCIES,NOTWITHSTANDING ANY
COMMUNICATION WITH THE PRESENTER THAT WE ARE HOLDING DOCUMENTS AT
ITS DISPOSAL,UNLESS ANY PRIOR INSTRUCTIONS TO THE CONTRARY ARE
RECEIVED.
如果不符点是由我方提出并被拒绝,我们将视为受益人放弃修改这个不符点的权利。
是说你如果提交了有不符点的单据并且被银行拒付的话,如果客人接受这些不符点,
银行在没有收到你们的指示之前有权把单据REALSE给客人
*TRANSPORT DOCUMENTS BEARING A DATE PRIOR TO THE L/C DATE ARE NOT
ACCEPTABLE.早于开证前的运输文件不接受
*DIFFERENCE OF USD3363.81(T.E.30 PERCENT OF INVOICE VALUE)
BETWEEN L/C AMOUNT AND INVOICES AMOUNT REPRESENTS AMOUNT PAID BY
APPLICANTS DIRECT TO BENEFICIARIES OUTSIDE THE L/C TERMS WITHOUT
ANY RESPONSIBILITY ON OURSELVES AND TO BE SHOWN ON INVOICES AS
SUCH. L/C跟发票上USD3363.81的差额(30%发票额)由申请人直接用L/C以外
的方式直接给予受益人
:71B: CHARGES
BANK CHARGES OUTSIDE CYPRUS
INCLUDING THOSE OF THE REIMBURSING
BANK ARE FOR BEN. A/C. 在塞浦路斯以外银行产生的费用包括支付行的费用由信用证收益人负担,
:48: PERIOD FOR PRESENTATION 单据提交期限
DOCUMENTS MUST BE PRESENTED WITHIN
21 DAYS AFTER B/LADING DATE,BUT
WITHIN THE VALIDITY OF THE CREDIT.在信用证有效期内,最迟装运期后21天内,向银行提交单据
:49:CONFIRMATION INSTRUCTIONS保兑指示
WITHOUT 不保兑
:53A: REIMBURSING BANK偿付行
BCYPGB2L
BANK OF CYPRUS UK
INTERNATIONAL DEPARTMENT,
87/93 CHASE SIDE,SOUTHGATE N14 5BU
LONDON - UNITED KINGDOM.
:78: INSTRUCTIONS TO THE PAY/ACCEP/NEG BANK 议付行
NEGO OF DOCS THRU BANK OF CHINA LIMITED CHINA IS ALLOWED.PLEASE
可通过中国银行议付,请
DEDUCT RROM YOUR PAYMENT TO BENEFICIARIES THE AMOUNT OF USD15,00 (是15还是1500,请指明)
于受益人的帐户中扣去USD15,00
REPRESENTING RECORDING FEES. NEGOTIATION BANK TO OBTAIN
作为记录费。
REIMBURSEMENT FROM OUR ACCOUNT WITH REIMBURSING BANK 3 BUSINESS
DAYS FOLLOWING THEIR AUTHENTICATED TELEX/SWIFT ADVICE TO US,
STATING A) OUR CREDIT NUMBER, B)AMOUNT CLAIMED, C) VALUE OF
DOCUMENTS D)SHIPMENT/DISPATCH DATE AND E)THAT DOCS ARE IN STRICT
COMPLIANCE WITH CREDIT TERMS. ON EXECUTION FORWARD TO US,BANK OF
CYPRUS PUBLIC COMAPNY LTD,NICOSIA COMMERCIAL OPER. CENTER
INTERN. DIV., 10 KYRIACOS MATSI AV. 1082 AY. OMOLOYITES,NIGOSIA,
CYPRUS,ALL DOCS IN ONE LOT BY COURIER SERVICE AT BENEFICIARIES
EXPENSE.所有单据应由偿付行于三个工作日内通过快件形式发给我们,费用由受益人承担。
:72: SENDER TO RECEIVER INFORMATION 附言
CREDIT IS SUBJECT TO U.C.P. 1993 本信用证根据跟单信用证统一惯例UCP500(1993 年版)开出
I.C.C PUBL. NO.500. SUBJECT TO URR
ICC 525.COLLECT YOUR CHARGES FROM
BENE.PLEASE ACKN.RECEIPT.
CUMSTOMER’S APPROVAL.