a.信用證及其任何修改可以經(jīng)由通知行通知給受益人。非保兌行的通知行通知信用及修改時不承擔承付或議付的責任。
b.通知行通知信用證或修改的行為表示其已確信信用證或修改的表面真實性,而且其通知準確地反映了其收到的信用證或修改的條款。
c.通知行可以通過另一銀行(“第二通知行”)向受益人通知信用證及修改。第二通知行通知信用證或修改的行為表明其已確信收到的通知的表面真實性,并且其通知準確地反映了收到的信用證或修改的條款。
d.經(jīng)由通知行或第二通知行通知信用證的銀行必須經(jīng)由同一銀行通知其后的任何修改。
e.如一銀行被要求通知信用證或修改但其決定不予通知,則應(yīng)毫不延誤地告知自其處收到信用證、修改或通知的銀行。
f.如一銀行被要求通知信用證或修改但其不能確信信用證、修改或通知的表面真實性,則應(yīng)毫不延誤地通知看似從其處收到指示的銀行。如果通知行或第二通知行決定仍然通知信用證或修改,則應(yīng)告知受益人或第二通知行其不能確信信用證、修改或通知的表面真實性。
Advising of Credits and Amendments
a. A credit and any amendment may be advised to a beneficiary through an advising bank. An advising bank that is not a confirming bank advises the credit and any amendment without any undertaking to honour or negotiate.
b. 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.
c. An advising bank may utilize the services of another bank (“second advising bank”) to advise the credit and any amendment to the beneficiary. By advising the credit or amendment, 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.
d. 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.
e. If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay, the bank from which the credit, amendment or advice has been received.
f. If a bank is requested to advise a credit or amendment but cannot satisfy itself as to the apparent authenticity of the credit, the amendment or the advice, it must so inform, without delay, the bank from which the instructions appear to have been received. 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 of the credit, the amendment or the advice.
修改
a.除第三十八條別有規(guī)定者外,未經(jīng)開證行、保兌行(如有的話)及受益人同意,信用證即不得修改,也不得撤銷。
b.開證行自發(fā)出修改之時起,即不可撤銷地受其約束。保兌行可將其保兌擴展至修改,并自通知該修改時,即不可撤銷地受其約束。但是,保兌行可以選擇將修改通知受益人而不對其加具保兌。若然如此,其必須毫不延誤地將此告知開證行,并在其給受益人的通知中告知受益人。