International Standard Banking Practice: International Chamber of Commerce (Icc)
The document outlines international standard banking practices that are consistent with UCP 600 and ICC Banking Commission opinions and decisions, with two exceptions. It explains how UCP 600 is applied in practice by banks but does not amend UCP 600. The practices aim to provide guidance but cannot anticipate all terms or situations, and local laws may require different practices. It also notes that credit terms modifying UCP 600 may impact standard practices.
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International Standard Banking Practice: International Chamber of Commerce (Icc)
The document outlines international standard banking practices that are consistent with UCP 600 and ICC Banking Commission opinions and decisions, with two exceptions. It explains how UCP 600 is applied in practice by banks but does not amend UCP 600. The practices aim to provide guidance but cannot anticipate all terms or situations, and local laws may require different practices. It also notes that credit terms modifying UCP 600 may impact standard practices.
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INTERNATIONAL STANDARD BANKING PRACTICE
The international standard banking practices documented in this
publication are consistent with UCP 600 and the Opinions and Decisions of the ICC Banking Commission, with the exception of Opinions R751 and R766 for which ICC will make a separate announcement. It is important to note that this document does not amend UCP 600. It explains how practices articulated in UCP 600 are to be applied by documentary credit practitioners. This publication and the UCP should be read in their entirety and not in isolation. To emphasize this point, paragraph i. of Preliminary Considerations reads “This publication is to be read in conjunction with UCP 600 and not in isolation.” It is, of course, recognized that the law in some countries may compel a different practice than those stated here. No single publication can anticipate all the terms or the documents that may be used in connection with documentary credits or their interpretation under UCP 600 and the standard practice it reflects. However, the Drafting Group have reviewed 7
and revised this publication to conform to UCP 600.
It should be noted that any term in a documentary credit that 7 Table of contents
modifies or excludes the applicability of a provision of UCP 600
may have an impact on international standard banking practice. Paragraph ii. of Preliminary Considerations emphasizes this point “The practices described in this publication highlight how the articles of UCP 600 are to be interpreted and applied, to the extent that the terms and conditions of the credit, or any amendment thereto, do not expressly modify or exclude an applicable article in UCP 600.” This principle is implicit throughout this publication. Where examples are given, these are solely for the purpose of illustration and are not exhaustive. In a similar vein, ISBP cannot anticipate situations created by poorly or inappropriately drafted credits and the Drafting Group have been diligent in not condoning such issues. The need for care at the application and issuance stage under Preliminary Considerations and the paragraphs covering “Expressions not defined in UCP 600” have been extended and refined. This publication reflects international standard banking practice for all parties to a documentary credit. Since applicants’ obligations, rights and remedies depend upon their undertaking with the issuing bank, the performance of the underlying transaction and the timeliness of any objection under applicable law and practice, applicants should not assume that they may rely on these provisions in order to excuse their obligations to reimburse the issuing bank.