信用证流程及业务操作受益人申请人通知行开证行承运人偿付行1234567891011123信用证业务简略流程一、信用证的申请与开立v1、申请人申请开立信用证v(1) 选择开证银行v(2)申请人填制申请书v申请书是开证行与申请人之间的契约，其目的是约束开证行、受益人与申请人， 使其按指示行事。信用证一旦开立，开证行与受益人按信用证行事，但开证行与 申请人之间仍须受申请书约束，且二者是相互独立的。vISBP681(2):The applicant bears the risk of any ambiguity in its instructions to issue or amend a credit. Unless expressly stated otherwise, a request to issue or amend a credit authorizes an issuing bank to supplement or develop the terms in a manner necessary or desirable to permit the use of the credit.2、开证行开立信用证v(1)开证行审核申请人资信v(2)开证行审核申请书v(3)开证行按申请书开立信用证（参阅ISPB P.2）v(4)信用证生效v开证行应特别注意索偿及偿付条款：二、信用证通知与保兑v（1）通知行承担什么责任？v（2）如何通知信用证？v（3）保兑行责任与权利？v（4）如何保兑，其对信用证的保兑能否自动 扩展到对修改书的保兑？v（5）保兑行如何付款？vArticle 9 Advising of Credits and Amendmentsva. An advising bank that is not a confirming bank without any undertaking to honour or negotiate.vb. 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.vc. the second advising bank signifies that it has satisfied itself as to the apparent authenticity of the advice it has received and that the advice accurately reflects the terms and conditions of the credit or amendment received.1、信用证通知vd. A bank utilizing the services of an advising bank or second advising bank to advise a credit must use the same bank to advise any amendment thereto.ve. If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay.vf. If a bank cannot satisfy itself as to the apparent authenticity , it must so inform, without delay. If the advising bank or second advising bank elects nonetheless to advise the credit or amendment, it must inform the beneficiary or second advising bank that it has not been able to satisfy itself as to the apparent authenticity .v(1)无承付或议付信用证款项责任； v(2)通知行无必须通知信用证的义务;v(3)如通知须证实信用证的表面真实性并如实通知信 用证内容；v(4)如不能确定信用证的表面真实性，应毫不延误地 告知从其收到指示的银行，说明其不能确定信用证 的真实性。如通知行仍决定通知该信用证，则必须 告知受益人它不能核对信用证的真实性。2、信用证的保兑vArticle 2 Definitions vConfirmation: means a definite undertaking of the confirming bank, in addition to that of the issuing bank, to honour or negotiate a complying presentation. vConfirming bank：means the bank that adds its confirmation to a credit upon the issuing banks authorization or request. Article 8 Confirming Bank Undertakingva. Provided that the stipulated documents are presented to the confirming bank or to any other nominated bank and that they constitute a complying presentation, the confirming bank must:vi. honour, if the credit is available byva. sight payment, deferred payment or acceptance with the confirming bank;vb. sight payment with another nominated bank and that nominated bank does not pay;vc. deferred payment with another nominated bank and that nominated bank does not incur its deferred payment undertaking or, having incurred its deferred payment undertaking, does not pay at maturity;vd. acceptance with another nominated bank and that nominated bank does not accept a draft drawn on it or, having accepted a draft drawn on it, does not pay at maturity;ve. negotiation with another nominated bank and that nominated bank does not negotiate.vii. negotiate, without recourse, if the credit is available by negotiation with the confirming bank.vb. A confirming bank is irrevocably bound to honour or negotiate as of the time it adds its confirmation to the credit.vc. A confirming bank undertakes to reimburse another nominated bank that has honoured or negotiated a complying presentation and forwarded the documents to the confirming 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 another nominated bank prepaid or purchased before maturity. A confirming banks undertaking to reimburse another nominated bank is independent of the confirming banks undertaking to the beneficiary.vd. If a bank is authorized or requested by the issuing bank to confirm a credit but is not prepared to do so, it must inform the issuing bank without delay and may advise the credit without confirmation.v(1)信用证加保必须基于开证行的授权或要求 ，否则为沉默保兑；v(2)保兑行为是不可撤销的；v(3)保兑行的付款或议付是无追索权的；v(4)保兑行对指定行责任独立于对受益人的承 付责任。三、受益人审核信用证v受益人收到信用证后，依据基础合同对信用 证内容进行审核。v审核要点：v（1）信用证的有效性；v（2）单据条款；v（3）期限安排；v（4）溢短装条件下的支款安排；v（5）软条款;The expression “on or about“ or similar will be interpreted as a stipulation five calendar days before until five calendar days after the specified date, both start and end dates included.vOn or about May 10？vThe words “to“, “until“, “till“, “from” and “between” when used to determine a period of shipment include the date or dates mentioned, and the words “before” and “after“ exclude the date mentioned.vShipment to be made before 12/31/07？vShipment to be made after 12/01/07？vShipment to be made until 12/31/07？vThe word