ISBP: di cosa stiamo parlando?

Transcription

1 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.

2 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.

3 ISBP 745 ICC: Invoices Instalment drawings or shipments: esempio Copyright Studio Del Sorbo - Tutti i diritti riservati.

4 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.

5 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.

6 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.

7 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.

8 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.

9 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 or without a place of receipt and NO indication of a means of pre-carriage With place of receipt AND an indication of a means of precarriage OR with an indication of a means of precarriage only: The date of on board notation is considered to be the date of shipment With or without a place of receipt and NO indication of a means of pre-carriage: The dated on board notation (the date of which will be considered to be the date of shipment) requires the addition 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. 1/1

10 Domenico Del Sorbo Via G. Cesare, Bacoli (Na) Bacoli, 21/06/2012 A: Sony Europe Limited Ufficio Vendite per Aziende Via Galileo Galilei, Cinisello Balsamo (MI) LETTERA DI CREDITO No. 1 Con la presente, mi impegno irrevocabilmente a pagare l importo di Euro ,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/ 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 L art. 28 i UCP 600 non si applica. Domenico Del Sorbo

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18 Da UNICREDIT SPA ES.MER CUNEO A S.P.A. - IMPIANTI E /nostro rif tipo operaz. Notifica Banca Mittente FRANSABANK S.A.L. POBOX RIAD EL SOLH BEIRUT Ns Riferimento seguito tipo oper. Notifica MT: 700 :27: SEQUENCE OF TOTAL 1/1 :40A: FORM OF DOCUMENTARY CREDIT IRREVOCABLE :20: DOCUMENTARY CREDIT NUMBER TFI /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 ,00 :39B: MAXIMUM CREDIT AMOUNT NOT EXCEEDING :41A: AVAILABLE WITH... BY... UNCRITMMXXX UNICREDIT SPA PIAZZA CORDUSIO 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 FCA ANY ITALIAN PORT (INCOTERMS 2010) :46A: DOCUMENTS REQUIRED

19 +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 OR 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 IT55CO YOUR PIAZZA GALIMBERTI ANGOLO VIA ROMA CUNEO ITALY SWIFT CODE UNCRITM1CD6

20 CAMPO 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

21 1) 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.