托收統(tǒng)一規(guī)則URC522 英文版

1、ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC.Form of PresentationPresentationSight/AcceptanceR

2、elease of Commercial DocumentsDocuments Against Acception (D/A vs Documents Against Payment (D/P Creation of DocumentsD.Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDis

3、claimer on Effectiveness of DocumentsDisclaimer on Delays,Loss in Transit and TranslationForce MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF.Interest,Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory N

4、otes and other InstructionsProtestCase-of-NeedAdvicesA. General Provisions and DefinitionsArticle 1Application of URC 522a. The Uniform Rules for Collections, 1995 Revision, ICC Publication No.522, shall apply to all collections as defined in Article 2 where such rules are incorporated into the text

5、 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. Banks shall have no obligation to handle either a colle

6、ction 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 the instructions by telecommunication or, if that is not

7、 possible, by other expeditious means, without delay.Article 2Definition of CollectionFor the purposes of these Articles:a.“Collection”means the h andling by banks of documents as defined in sub-Article 2 (b, in accordance received, in order to:I. obtain payment and/or acceptance, orII. deliver docu

8、ments against payment and/or against acceptance,orIII. 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, cheques, or other similar instruments used for obtaining the pay

9、ment of money;II. “Commercial documents” mean s 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 financial documents not accompanied by commercial documents.d.”Documenta

10、ry collection”means collection of:I. financial documents accompanied by commercial documents;II.Commercial documents not accompanied by financial documents.Article 3a. For the purposes of these Articles the “parties thereto” are:I. the “principal” who is the party entrusting the handling of a collec

11、tion 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 ban k, involved in processing the collection;IV. the “presenting bank” which is the collecting bank making pre

12、sentation to the drawee.b. The “drawee” is the one to whom presentation is to be made in accordance with the collection instruction.B.Form and Structure of CollectionsArticle 4Collection InstructionA i. All documents sent for collection must be accompanied by a collection instruction indicating that

13、 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 examine documents in order to obtain instructions.iii. Unless otherwise

14、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 items of information,as appropriate.i. Details of the bank from which the coll

15、ection 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 facsimile numbers.iii. Details of the drawee including full name,postal address,or

16、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 facsimile numbers.v. Amount(s and currency(ies to be collected.vi. List of doc

17、uments 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 acceptance2other terms and conditionsIt is the responsibility of the party preparing the collection ins

18、truction 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, indicating whether they may be waived or not.ix. Interest to be collected, if applicable

19、, indicating whether it may be waived or not, including:a rate of interestb interest periodc basis of calculation (for example 360 or 365 days in year as applicable.x. Method of payment and form of payment advice.xi. Instrucitons in case of non-payment, non-acceptance and/or non-compliance with othe

20、r 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 may, without any liability and responsibility on its part, endeavour to ascertain the pr

21、oper 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 PresentationArticle 5Presentationa. For the purposes of these Articles, presentation is the procedure whereby the presenting bank make

22、s 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”, “prompt”,”immediate”, and the like should not be used in connection with presentation or with re

23、ference 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 presented to the drawee in the form in which they are received, except that banks are authorized

24、 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 identifying marks or symbols customary to or required for the collection operation.d. For the pur

25、pose 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 bank will utilize any bank of its own, or anoth er banks choice in the country of payment or accept

26、ance 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 another bank as intermediary.f. If the remitting bank does not nominate a specific presenting bank

27、, the collecting bank may utilize a presenting bank of its choice.Article 6Sight/AcceptanceIn the case of documents payable at sight the presenting bank must make presentation for payment without delay.In the case of documents payable at a tenor other than sight the presenting bank must, where accep

28、tance 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 7Release of Commercial DocumentsDocuments Against Acceptance (D/A vs. Documents Against Payment (D/Pa.Collection sh

29、ould 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 payable at a future date, the collection instruction should state whether the commercial documents are to be relea

30、sed 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 not be responsible for any consequences arising out of any delay in the delivery of documents.c. If a collection

31、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 against such payment and the collecting bank will not be responsible for any consequences arising out of any del

32、ay in the delivery of documents.Article 8Creation of DocumentsWhere the remitting bank instructs that either the collecting bank or the drawee is to create documents (bills of exchange promissory notes, trust receipts,letters of undertaking or other documents that were not included in the collection

33、, the form and wording of such documents shall be provided by the remitting bank, otherwise the collecting bank shall not be liable or responsible for the form and wording of any such document provided by the collecting bank and/or the drawee.C. Liabilities and ResponsibilitiesGood faith and Reasona

34、ble CareBanks will act in good faith and exercise reasonable care.Article 10Documents vs. Goods/Services/Performancesa.Goods should not be dispatched directly to the address of a bank or consigned to or to the order of a bank without prior agreement on the part of that bank.Nvertheless, in the event

35、 that goods are dispatched directly to the address of a bank or consigned to or to the order of a bank for release to a drawee against payment or acceptance or upon other terms and conditions without prior agreement on the part of that bank, such bank shall have no obligation to take delivery of the

36、 goods, which remain at the risk and responsibility of the party dispatching the goods.b. Banks have no obligation to take any action in respect of the goods to which a documentary collection relates, including storage and insurance of the goods even when specific instructions are given to do so. Ba

37、nks will only take such action if, when, and to the extent that they agree to do so in each case, notwithstanding the provisions of sub-article 1 (c, this rule applies even in the absence of any specific advice to this effect by the collecting bank.c. Nevertheless, in the case that banks take action

38、 for the protection of the goods, whether instructed or not, they assume no liability or responsibility with regard to the fate and/or condition of the goods and/or for any acts and/or omissions on the part of any third parties entrusted with the custody and/or protection of the goods. However, the

39、collecting bank must advise without delay the bank from which the collection instruction was received of any such action taken.d. Any charges and/or expensed incurred by banks in connection with any action taken to protect the goods will be for the account of the party from whom they received the co

40、llection.e. i. Notwithstanding the provisions of sub-article 10 (a, where the goods are consigned to or the order of the collecting bank and the drawee has honoured the collection by payment, acceptance or other terms and conditions, and the collecting bank arranges for the authorized the collecting

41、 bank to do so.ii.Where a collecting bank on the instructions of the remitting bank or in terms of sub-article 10 (e i, arranges for the release of the goods, the remitting bank shall indemnify such collecting bank for all damages and expenses incured.Article 11Disclaimer For Acts of an Instructed P

42、artya. Banks utilizing the services of another bank or other banks for the purposes of giving effect to the instructions of the principal, do so for the account and at the risk of such principal.b. Banks assume no liability or responsibility should the instructions they transmit not be carried out,

43、even if they have themselves taken the initiative in the choice of such other bank(s. c. A party instructing another party to perform services shall be bound by and liable to indemnify the instructed party against all obligations and responsibilities imposed by foreign laws and usages. Article 12 Di

44、sclaimer on Documents Received a.Bank must determine that the documents received appear to be as listed in the collection instruction and must advise by telecom-munication or, if that is not possible, by other expeditious means, without delay, the party from whom the collection instruction was recei

45、ved of any documents missing, or found t be other than listed. Banks have no further obligation in this respect. b. If the documents do not appear to be listed, the remitting bank shall be precluded from disputing the type and number of documents received by the collecting bank. c. Subject to sub-ar

46、ticle 5 (c and sub-article 12 (a and 12 (b above, banks will present documents as received without further examination. Article 13 Disclaimer on Effectiveness of Documents Banks assume no liability or responsibility ofr the form, sufficiency,accuracy,genuineness,falsification or legal effect of any

47、document (s or superimposed thereon; nor do they assume any liability, condition,packing ,delivery, value of existence of the goods represented by any document (s,or for the good faith or acts and/or omission,solvency,performance or standing of the consignors, the carriers,the forwarders,the consign

48、ees or the insurers of the goods, or any other person whomsoever. Article 14 Disclaimer on Delays,Loss in Transit and Translation a.Banks assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any message (s, letter(s or document(s, or for delay,mut

49、ilation or other error(s arising in transmission of any telecommunication or for error(s in translation and/or interpretation of technical terms. b. Banks will not be liable or responsible for any delays resulting from the need to obtain clarification of any instructions received. Article 15 Force M

50、ajeure Banks assume no liability or responsibility for consequence arising out of the interruption of their business by Acts of God, riots,civil commotios,insurrections, wars, or any other causes beyond their control or by strikes or lockouts. D. Payment Article 16 Payment Without Delay a.Amounts co

51、llected (less charges and/or disbursements and/or expenses where applicable must be made available without delay to the party from whom the collection instruction was received in accordance with the terms and conditions of the collection instruction. b. Notwithstanding the provisions of sub-article

52、1 (c and unless otherwise agreed, the collecting bank will effect payment of the amounts collected in favour of the remitting bank only. Article 17 Payment in Local Currency In the case of documents payable in the currency of the country of payment (local currency, the presenting bank must, unless o

53、therwise instructed in the collection instruction, release the documents to the drawee against payment in local currency only if such currency is immediately available for disposal in the manner specified in the collection instruction. Article 18 Payment in Foreign Currency In the case of documents

54、payable in a currency other than of the country of payment (foreign currency, the presenting bank must, unless otherwise instructed in the collection instruction,release the documents to the drawee against payment in the designed foreign currency only if such foreign currency can immediately remitte

55、d in accordance with the instructions given in the collection instruction. Article 19 Partial Payments a.In respect of clean collections, partial payments may be accepted if and to the extent to which and on the conditions on which partial payments are authorized by the law in force in the place of

56、payment. The financial document(s will be released to the drawee only when full payment thereof has been received. b. In respect of documentary collection, partial payments will only be accepted if specifically authorized in the collection instruction. However,unless otherwise instructed, the presen

57、ting bank will release the documents to the drawee only after full payment has been received, and the presenting bank will not be responsible for any consequence arising out of any delay in the delivery of documents. c.In all cases partial payments will be accepted only subject to compliance with th

58、e provisions of either Article 17 or Article 18 as appropriate. Partial payment, if accepted, will be dealt with in accordance with the provisions of Article 16. E. Interest, Charges and Expenses Article 20 Interest a.If the collection instruction specifies that interest is to be collected and the d

59、rawee refuses to pay such interest, the presenting bank may deliver the document (s against payment of acceptance or on other terms and conditions as the case may be, without collecting such interest, unless sub-article 20 (c applies. b. Where such interest is to be collected, the collection instruction must specify the rate of interest,interest period and basis