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保兑行责任
a.只要规定的单据提交给保兑行,或提交给其他任何指定银行,并且构成相符交单,保兑行必须:
i.承付,如果信用证为以下情形之一:
a)信用证规定由保兑行即期付款、延期付款或承兑;
b)信用证规定由另一指定银行延期付款,但其未付款;
c)信用证规定由另一指定银行延期付款,但其未承诺延期付款,或虽已承诺延期付款但未在到期日付款;
d)信用证规定由另一指定银行承兑,但其未承兑以其为付款人的汇票,或虽已承兑汇票未在到期日付款;
e)信用证规定由另一指定银行议付,但其未议付。
ii.无追索权地议付,如果信用证规定由保兑行议付。
b.保兑行自对信用证加具保兑之时起即不可撤销地承担承付或议付的责任。
c.其他指定银行承付或议付相符交单并将单据转往保兑行之后,保兑行即承担偿付该指定银行的责任。对承兑或延期付款信用证下相符交单金额的偿付应在到期日办理,无论指定银行是否在到期日之前预付或购买了单据。保兑行偿付指定银行的责任独立于保兑行对受益人的责任。
d.如果开证行授权或要求一银行对信用证加具保兑,而其并不准备照办,则其必须毫不延误地通知开证行,并可通知此信用证而不加保兑。
Confirming Bank Undertaking
a. 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:
i. honour, if the credit is available by:
a). sight payment, deferred payment or acceptance with the confirming bank;
b). sight payment with another nominated bank and that nominated bank does not pay;
c). 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; 来源:考试大网
d). 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;
e). negotiation with another nominated bank and that nominated bank does not negotiate.
ii. negotiate, without recourse, if the credit is available by negotiation with the confirming bank.
b. A confirming bank is irrevocably bound to honour or negotiate as of the time it adds its confirmation to the credit.
c. 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 bank''s undertaking to reimburse another nominated bank is independent of the confirming bank’s undertaking to the beneficiary.
d. 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.
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