Page 210 - 進出口貿易與押匯實務疑難問題解析－貳篇 (增修訂二版)

198 進出口貿易與押匯實務疑難問題解析 (貳篇)

四、單據於 L/C 有效期限及提示期間限期內提示，但限制押匯銀行卻遲
延寄送單據給開狀銀行，則開狀銀行是否可以拒付，出口商是否須

追還信用狀款項乙事，國際商會亦有「分析與結論」，其內容本文
如后。

【問題】

L/C 規定單據須向出口地 L/C 規定之銀行提示押匯，該限押銀行寄單
之伴書 (COVERING LETTER) 所註記之日期，逾信用狀有效期限及提示

期間之最後一日加計七個營業日，則開狀銀行是否有權拒付？L/C 規定之
押匯銀行因其寄單遲延，是否須返還信用狀款項？

“Sub-Articles 13 (b) and 14 (d) (i) require that the confirming bank (if
any) or a nominated bank acting on their behalf must provide any notice of

refusal to the presenter within a reasonable time not to exceed seven banking
days following the day of receipt of the documents. There is no obligation

on the part of the confirming or nominated bank to send the documents to
the issuing bank within this period. Where documents have been presented

within the expiry date and/or the latest date for presentation of documents,
but the schedule of the nominated bank is dated after such date, the

nominated bank would be advised to place a certification as to receipt within
the prescribed period (s) or to indicate that the credit terms had been

complied with. Where no such mention is made on the schedule, the issuing

bank must still review the documents in accordance with the letter of credit
terms and determine whether or not they comply. An issuing bank is still
obligated to honour a conforming presentation despite any failure of a

nominated bank to act in accordance with UCP 500 or the credit. The issuing