Page 237 - 進出口貿易與押匯實務疑難問題解析-首篇 (增修訂二版)

第五章 出口押匯 221

2. 若正本提單 (通常為三張) 之一已先寄給進口商或其指定代理人，又
出口商憑「擔保或保留方式」押匯時，則開狀銀行以單據不符規定

為由拒絕付款，此時貨物已被買方提走，僅能另採法律途徑向買方
索賠。

3. 拒付發生時，開狀銀行所能返還的單據，僅限於受益人 (出口商) 當
初押匯時所提示的部分 (依據國際商會 1983-01-06 REF MR/470 解釋)

“I think the answer to the query raised by bank is that the issuing bank
would only be responsible for returning what documents had been

presented to it by the beneficiary. If the beneficiary is prepared to accept a
credit issued in this manner, it is for the beneficiary to realize that, by

agreeing to send one out of three original bills of lading direct to the buyer
or some other designated party, the beneficiary is relinquishing control over

the goods before he has been paid. If he then fails to meet the credit
requirements and therefore payment is refused, his only action in respect of

the missing bill of lading is for he himself to reclaim it from the person to
whom he sent it. Better still in cases of this nature, which are by no means

infrequent, the beneficiary should protect his interests by making 150%
certain that he complies with all the terms and conditions of the credit and

submits documents which will ensure receipt by him of payment because
there are no discrepancies. But under no circumstances does the negotiating

bank bind the issuing bank take up documents which ate not in order, and

this position is not affected by the fact that part of the documents have
never passed through the issuing bank’s hands, but have gone direct to the

applicant for the credit.”