ISBP: di cosa stiamo parlando? - Camere di Commercio D'Italia
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ISBP: di cosa stiamo parlando?
Art. 2 UCP 600 ICC: «Credito significa qualunque pattuizione
irrevocabile, comunque denominata o descritta, che costituisce un
impegno inderogabile della banca emittente di onorare una
presentazione conforme.»
Conforme a cosa? Art. 2 UCP 600 ICC: “Complying presentation means
a presentation that is in accordance with the terms and conditions of
the credit, the applicable provisions of these rules and international
standard banking practice.”
ISBP: diverse risorse ICC: Pubbl.ne ISBP 745 ICC/ICC Opinions/
ICC Decisions/DOCDEX Decisions
Copyright © Studio Del Sorbo - Tutti i diritti riservati.ISBP 745 ICC: Invoices
Instalment drawings or shipments
C15) a. i. When a drawing or shipment by instalments within given periods is
stipulated in the credit, and any instalment is not drawn or shipped within the
period allowed for that instalment, the credit ceases to be available for that
and any subsequent instalment. Given periods are a sequence of dates or
timelines that determine a start and end date for each instalment.
b. When a credit indicates a drawing or shipment schedule by only indicating a
number of latest dates, and not given periods (as referred to in paragraph
C15) (a) (i): i. this is not an instalment schedule as envisaged by UCP 600,
and article 32 will not apply.
Copyright © Studio Del Sorbo - Tutti i diritti riservati.ISBP 745 ICC: Invoices
Instalment drawings or shipments: esempio
Copyright © Studio Del Sorbo - Tutti i diritti riservati.ISBP 745 ICC:
Transport document covering at least two different modes of
transport (“multimodal or combined transport document”)
Application of UCP 600 article 19
D1) a. A requirement in a credit for the presentation of a transport document,
however named, covering movement of goods utilizing at least two different
modes of transport means that UCP 600 article 19 is to be applied in the
examination of that document.
b. i. A multimodal or combined transport document is not to indicate that
shipment or dispatch has been effected by only one mode of transport, but it
may be silent regarding some or all of the modes of transport utilized.
Copyright © Studio Del Sorbo - Tutti i diritti riservati.ISBP 745 ICC:
Transport document covering at least two different modes of
transport (“multimodal or combined transport document”)
Application of UCP 600 article 19
Copyright © Studio Del Sorbo - Tutti i diritti riservati.ISBP 745 ICC:
Transport document covering at least two different modes of
transport (“multimodal or combined transport document”)
Application of UCP 600 article 19
Copyright © Studio Del Sorbo - Tutti i diritti riservati.ISBP 745 ICC:
Transport document covering at least two different modes of
transport (“multimodal or combined transport document”)/BL
Issuance, carrier, identification of the carrier and signing of a multimodal
transport document
In presenza, dunque, di una indicazione del tipo “Freight Forwarder’s Multimodal
Transport Documents are not acceptable”, le banche saranno tenute ad accettare
un documento di trasporto firmato con l’indicazione “as carrier”, senza far
riferimento alla reale capacità dell’emittente il documento.
La presenza di una indicazione del tipo “Transport document issued by freight
forwarder are not acceptable, even if in the capacity as carrier or an agent for the
carrier” implicherebbe la non accettabilità di un documento di trasporto FIATA,
di un documento di trasporto “house”, di un documento emesso da un
“forwarder”
Copyright © Studio Del Sorbo - Tutti i diritti riservati.ISBP 745 ICC: On board notation
Quando è necessario?
- Art. 19 UCP 600 ICC: Documento di trasporto che copre almeno due
differenti modi di trasporto, quando la prima parte del trasporto è marittima
(shipment from a port)
- Art. 20 UCP 600 ICC: Bill of Lading
- Art. 21 UCP 600 ICC: Non-Negotiable Bill of Lading
- Art. 22 UCP 600 ICC: Charter Party Bill of Lading
In sostanza, 4 informazioni devono essere chiaramente riportate nel documento: che la
merce è “shipped on board”, il nome della nave, il porto di partenza e la data di
spedizione. Es. Shipped on board Sea Pride from Naples port 4 Aprile 2013
Copyright © Studio Del Sorbo - Tutti i diritti riservati.On-board notation
Combined Trasport Document (shipment from a port)// Bill of Lading // Non-Negotiable Bill of Lading //Charter Party Bill of Lading
Bill of lading is pre-printed “received for shipment” Bill of lading is pre-printed “shipped on board”
With place of receipt with an additional on board notation or
AND an indication of a completion of a box labeled “shipped on board date”
means of pre-carriage
OR with an indication
of a means of pre-carriage only
A dated on board notation is required with
name of the vessel and port of loading With place of receipt AND an With or without a place of
indication of a means of pre- receipt and NO indication of a
carriage OR with an means of pre-carriage: The
With or without a indication of a means of pre- dated on board notation (the
place of receipt carriage only: The date of date of which will be
and NO indication of on board notation is considered to be the date of
a means of pre-carriage considered to be the date of shipment) requires the addition
shipment of the name of the vessel and
port of loading
A dated on board notation is required The date of issue is considered to be the date of shipment
An on board notation is also required where the ocean vessel and/or port of loading are stated to be “intended”. In this event, the on board notation is to include the name of the vessel
and/or the port of loading.
Where the port of loading stated in the credit is shown as the place of receipt (the ocean vessel and port of loading fields, in this case, are reflecting the transhipment details) with shipment
by sea from that port, a dated on board notation is required evidencing the port of loading stated in the credit and the vessel that is leaving that port.
Elaborazione a cura di D. Del Sorbo – Copyright Studio Del Sorbo srl – Not to be reproduced or copied without consent of the autor Pag. 1/1Domenico Del Sorbo
Via G. Cesare, 229
80070 Bacoli (Na)
Bacoli, 21/06/2012
A:
Sony Europe Limited
Ufficio Vendite per Aziende
Via Galileo Galilei, 40
20092 Cinisello Balsamo (MI)
LETTERA DI CREDITO No. 1
Con la presente, mi impegno irrevocabilmente a pagare l’importo di Euro 20.000,00 a SONY EUROPE
LIMITED per l’acquisto di no. 20 notebook Sony Vaio Modello VPCZ21L9E dietro presentazione dei seguenti
documenti:
- Fattura commerciale in 2 copie;
- Lista colli;
- Certificato di Origine attestante l’origine giapponese della merce emesso dall’autorità competente;
- Ricevuta del Corriere DHL attestante l’invio di 20 notebook entro il 31/07/2012;
- Certificato di Garanzia con scadenza 31/12/2014
- Polizza assicurativa emessa per il 150% del valore della fattura emessa da una primaria compagnia
assicurativa coprente i rischi del clausolario A delle ICC 01/01/2009 fino a destinazione, pagabile in
Euro, in Italia con la segnalazione, in polizza, di un agente italiano.
I documenti indicati devono essere emessi in lingua italiana e devono essere presentati entro e non oltre il
15/08/2012. La presente Lettera di Credito è disciplinata dalle UCP 600 ICC Pubbl. Rev. 2007. L’art. 28 i UCP
600 non si applica.
Domenico Del SorboDa UNICREDIT SPA ES.MER CUNEO
A S.P.A. - IMPIANTI E
/nostro rif. 400011
tipo operaz. Notifica
Banca Mittente FRANSABANK S.A.L.
POBOX 11-0393
RIAD EL SOLH BEIRUT 1107 2803
Ns Riferimento 400011404330 seguito tipo oper. Notifica
MT: 700
:27: SEQUENCE OF TOTAL
1/1
:40A: FORM OF DOCUMENTARY CREDIT
IRREVOCABLE
:20: DOCUMENTARY CREDIT NUMBER
TFI000008099/038
:31C: DATE OF ISSUE
10/03/2011
:40E: APPLICABLE RULES
UCP LATEST VERSION
:31D: DATE AND PLACE OF EXPIRY
20/04/2011 IN ITALY
:50: APPLICANT
LEBANESE COMPANY
:59: BENEFICIARY
S.P.A.
(CN) ITALY.
:32B: CURRENCY CODE, AMOUNT
EUR 120.000,00
:39B: MAXIMUM CREDIT AMOUNT
NOT EXCEEDING
:41A: AVAILABLE WITH ... BY ...
UNCRITMMXXX
UNICREDIT SPA
PIAZZA CORDUSIO
20123 MILANO MI
BY DEF PAYMENT
:42P: DEFERRED PAYMENT DETAILS
.25 0/0 AT 90 DAYS FROM B/L DATE.
.25 0/0 AT 180 DAYS FROM B/L DATE.
.25 0/0 AT 270 DAYS FROM B/L DATE.
.25 0/0 AT 360 DAYS FROM B/L DATE.
:43P: PARTIAL SHIPMENTS
PROHIBITED
:43T: TRANSHIPMENT
PROHIBITED
:44E: PORT OF LOADING/AIRPORT OF DEPARTURE
ANY ITALIAN PORT
:44F: PORT OF DISCHARGE/AIRPORT OF DESTINATION
BEIRUT PORT, LEBANON
:44C: LATEST DATE OF SHIPMENT
30/03/2011
:45A: DESCRIPTION OF GOODS AND/OR SERVICES
''COMPLETE SHORT CUT PASTA LINE''
AS PER INVOICE NO.12 DATED 14 FEB 2011.
.
FCA ANY ITALIAN PORT (INCOTERMS 2010)
:46A: DOCUMENTS REQUIRED+COMMERCIAL INVOICE IN TWO COPIES, ONE OF WHICH CERTIFIED BY
THE CHAMBER OF COMMERCE, AND BOTH BEARING THE FOLLOWING MENTION
DULY SIGNED BY THE BENEFICIARY
''WE HEREBY CERTIFY THAT THE PRESENT INVOICE IS TRUE AND
AUTHENTIC, THAT IS THE ONLY ONE ISSUED BY US FOR THE GOODS
MENTIONED THEREIN THAT MENTIONS THEIR EXACT VALUE WITHOUT ANY
DEDUCTION AND THAT THE ORIGIN OF THE GOODS IS EXCLUSIVELY
ITALIAN.''
.
+FULL SET OF ''CLEAN ON BOARD'' MARINE BILLS OF LADING ,
ISSUED OR ENDORSED TO THE ORDER OF FRANSABANK SAL, BEIRUT,
LEBANON, MARKED FREIGHT PAYABLE AT DESTINATION, NOTIFY APPLICANT
(SHORT FORM OR BLANK BACK B/L(S) NOT ACCEPTABLE).
.SHIPMENT TO BE EFFECTED BY CONTAINERS.
.B/L MUST BEAR A SEPARATE NOTATION STATING ''CONTAINERS ACTUALLY
LOADED ON BOARD + VESSEL NAME + PORT OF LOADING + DATE''
DULY SIGNED BY THE SAME SIGNER OF THE B/L.
.
+CERTIFICATE OF ORIGIN IN TWO COPIES ISSUED BY THE CHAMBER OF
COMMERCE ATTESTING THAT THE ORIGIN OF THE GOODS IS EXCLUSIVELY
ITALIAN.
.
+PACKING LIST IN TWO COPIES.
.
N.B. INSURANCE WILL BE COVERED LOCALLY BY APPLICANT.
:47A: ADDITIONAL CONDITIONS
+THE L/C NUMBERS OF THE ISSUING AND ADVISING BANKS SHOULD
APPEAR ON EACH REQUIRED DOCUMENT.
.
+TRANSHIPMENT PROHIBITED EVEN IF GOODS ARE LOADED IN CONTAINERS.
:71B: CHARGES
ALL CHARGES AND COMMISSIONS OUTSIDE
LEBANON ARE ON APPLICANT'S ACCOUNT
INCLUDING THE REIMBURSING BANK
COMMISSIONS.
:48: PERIOD FOR PRESENTATION
DOCUMENTS TO BE PRESENTED WITHIN
21 DAYS AFTER THE DATE OF ISSUANCE
OF THE TRANSPORT DOCUMENTS BUT
WITHIN L/C VALIDITY.
:49: CONFIRMATION INSTRUCTIONS
WITHOUT
:53A: REIMBURSING BANK
DEUTDEFF
:78: INSTRUCTIONS TO THE PAYING/ACCEPTING/NEGOTIATING BANK
AGAINST COMPLYING PRESENTATION, WE HEREBY AUTHORIZE YOU TO
REIMBURSE YOURSELVES AT MATURITY DATES BY DRAWING ON OUR EURO A/C
HELD WITH DEUTSCHE BANK AG, FRANKFURT, GERMANY (ATT L/C REIMB.
DEPT.) ALREADY INSTRUCTED TO THIS EFFECT FOR THE AMOUNT OF YOUR
ACCEPTANCES. UPON YOUR ACCEPTANCE, KINDLY PROVIDE US WITH THE
RELATING AMOUNTS AND MATURITY DATES APPLIED BY TESTED TELEX/SWIFT
MESSAGE TO BE SENT TO US AT
FRASAR 20631 OR 40036 LE OR SWIFT CODE FSABLBBX.
THIS MESSAGE IS THE ONLY OPERATIVE CREDIT INSTRUMENT.
THIS L/C IS SUBJECT TO UCP 600 REV.2007 OF ICC AND TO URR 725.
HOWEVER, IN CASE OF CONFLICT BETWEEN UCP 600 AND URR 725,
ARTICLE 13 OF UCP 600 SHALL PREVAIL.
:57D: 'ADVISE THROUGH' BANK
IBAN IT55CO200846000000002250371
YOUR PIAZZA GALIMBERTI
ANGOLO VIA ROMA
12100 CUNEO ITALY
SWIFT CODE UNCRITM1CD6CAMPO 41 MT 700 AVAILABLE WITH/BY
ISSUING BANK NOMINATED BANK ((≠ ISSUING BANK)
1) BY PAYMENT
2) BY DEF PAYMENT
3) BY ACCEPTANCE
MUST HONOUR A COMPLYING PRESENTATION
CONFIRM CAMPO 49 MT 700 W/O
CONFIRMING BANK
1) BY PAYMENT
2) BY DEF PAYMENT
3) BY ACCEPTANCE
4) BY NEGOTIATION
MUST HONOUR/NEGOTIATE
A COMPLYING PRESENTATION
W/O RECOURSE
NOMINATED BANK NAMED BANK/ANY BANK NOMINATED BANK
1) BY NEGOTIATION 2) BY PAYMENT
MAY NEGOTIATE 3) BY DEF PAYMENT
A COMPLYING PRESENTATION 4) BY ACCEPTANCE
WITH OR W/O RECOURSE
MAY HONOUR A COMPLYING
PRESENTATION
A cura di Domenico Del Sorbo - Copyright Studio Del Sorbo srl - Not to be reproduced or copied without consent of the author Pag. 1/21) UCP 600 ICC: ADVISING BANK MEANS THE BANK THAT ADVISES THE CREDIT AT THE REQUEST OF THE ISSUING BANK. BY ADVISING THE CREDIT OR
AMENDMENT, THE ADVISING BANK SIGNIFIES THAT IT HAS SATISFIED ITSELF AS TO THE APPARENT AUTHENTICITY OF THE CREDIT OR AMENDMENT
AND THAT THE ADVICE ACCURATELY REFLECTS THE TERMS AND CONDITIONS OF THE CREDIT OR AMENDMENT RECEIVED.
2) LA ISSUING BANK NON PUO’ NEGOZIARE. SU RICHIESTA DEL BENEFICIARIO, SE VUOLE, PU0’ SCONTARE PRO SOLUTO IMPEGNI DI PAGAMENTO A
SCADENZA
3) ART. 2 UCP 600 ICC:
“NEGOTIATION MEANS THE PURCHASE BY THE NOMINATED BANK OF DRAFTS (DRAWN ON A BANK OTHER THAN THE NOMINATED BANK) AND/OR
DOCUMENTS UNDER A COMPLYING PRESENTATION, BY ADVANCING OR AGREEING TO ADVANCE FUNDS TO THE BENEFICIARY ON OR BEFORE THE
BANKING DAY ON WHICH THE REIMBURSEMENT IS DUE TO THE NOMINATED BANK.”
4) ART. 12 UCP 600 ICC:
“A. UNLESS A NOMINATED BANK IS THE CONFIRMING BANK, AN AUTHORIZATION TO HONOUR OR
NEGOTIATE DOES NOT IMPOSE ANY OBLIGATION ON THAT NOMINATED BANK TO HONOUR OR NEGOTIATE, EXCEPT WHEN EXPRESSLY AGREED TO BY
THAT NOMINATED BANK AND SO COMMUNICATED TO THE BENEFICIARY.
B. BY NOMINATING A BANK TO ACCEPT A DRAFT OR INCUR A DEFERRED PAYMENT UNDERTAKING, AN ISSUING BANK AUTHORIZES THAT NOMINATED
BANK TO PREPAY OR PURCHASE A DRAFT ACCEPTED OR A DEFERRED PAYMENT UNDERTAKING INCURRED BY THAT NOMINATED BANK.
C. RECEIPT OR EXAMINATION AND FORWARDING OF DOCUMENTS BY A NOMINATED BANK THAT IS NOT A CONFIRMING BANK DOES NOT MAKE THAT
NOMINATED BANK LIABLE TO HONOUR OR NEGOTIATE, NOR DOES IT CONSTITUTE HONOUR OR NEGOTIATION.”
5) ART. 7C UCP 600 ICC: “AN ISSUING BANK UNDERTAKES TO REIMBURSE A NOMINATED BANK THAT HAS HONOURED OR NEGOTIATED A COMPLYING
PRESENTATION AND FORWARDED THE DOCUMENTS TO THE ISSUING BANK. REIMBURSEMENT FOR THE AMOUNT OF A COMPLYING PRESENTATION
UNDER A CREDIT AVAILABLE BY ACCEPTANCE OR DEFERRED PAYMENT IS DUE AT MATURITY, WHETHER OR NOT THE NOMINATED BANK PREPAID OR
PURCHASED BEFORE MATURITY.”
6) IT’S POSSIBLE FOR NOMINATED BANK, NON ACTING ON ITS NOMINATION, TO REFUSE TO HONOUR OR NEGOTIATE EVEN AFTER THE DOCUMENTS
HAVE BEEN EXAMINED AND FORWARDED TO ISSUING BANK. PAYMENT ARE USUALLY EFFECTED BY THE NOMINATED BANK ON CONDITION THAT
FUNDS HAVE BEEN RECEIVED.
A cura di Domenico Del Sorbo - Copyright Studio Del Sorbo srl - Not to be reproduced or copied without consent of the autor Pag. 2/2You can also read
