Page 42 - 進出口貿易與押匯實務疑難問題解析-肆篇

30 進出口貿易與押匯實務疑難問題解析 (肆篇)

分析與結論

“A confirmation of a letter of credit is, as you say, an undertaking from

a bank in addition to the undertaking provided by the issuing bank. The UCP,
in sub-Article 9 (b), states that the undertaking (confirmation) is subject to

complying documents being presented under the credit.

Where documents are presented to the confirming bank, within the
validity of their undertaking, and found to be discrepant, and the confirming

bank provides a notice of refusal in accordance with the UCP, its
undertaking would no longer exist in respect of that presentation (subject to

the beneficiary being unable to correct the discrepancy (ies) within the credit
timelines).

If the documents, on instructions of the beneficiary, are subsequently
sent to the issuing bank on an approval basis and the discrepancies are

waived, the confirming bank has no obligation to make payment unless it
has indicated its willingness to do so at the time of providing its notice of

refusal. The presentation of discrepant documents to the confirming bank
would end its obligation under the credit unless it has stated otherwise, and

the fact that the issuing bank accepts a waiver of discrepancies would not
futher obligate the confirming bank.”

中譯：

一信用狀經保兌，及除開狀銀行之確定義務外，構成一 (保兌) 銀行

之確定義務，UCP500 第 9 條 b 項，規定此義務 (即保兌) 係奠基於依據信
用狀提示符合之單據。