Page 273 - 進出口貿易與押匯實務疑難問題解析－參篇 (增修訂二版)

第三章 出口押匯疑難問題 259

意譯
“開狀行履行其所開信用狀項下之義務時，不得視之為提供服

務。”

(二) 另於 ICC Publication No.613, R380 有如下之結論：

“As you have stated, this issued was raised a year ago and a position

was given by the Banking Commission that in circumstances where the
issuing bank was responsible for the payment to the nominated bank, (i.e.

where no reimbursing bank or authority to debit an account is stated), such
payment should be made without deduction of a transmission or payment fee

from the drawing amount. The remittance of funds in this type of transaction
is merely the discharging of that bank’s liability. If a fee is due, then this

should be paid by the applicant.
If the issuing bank wishes to make a deduction from the proceeds in

respect of this fee, then the credit should clearly indicate the amount or

percentage of charges that will be deducted.It will then be for the
beneficiary to decide whether it will perform under the credit with such a

charge for its account.”

意譯
開狀銀行將款項交付予指定銀行時 (非求償行或授權扣帳行)，此項

付款係用於解除銀行負擔之義務，故不得由求償金額中扣除匯付的費
用。有任何費用產生，也該由開狀人負擔。

開狀行若要收取該項費用，必須在信用狀上明示出金額或費用比
例，如此受益人得以決定是否接受此信用狀。