Page 136 - 信用狀交易糾紛解析-信用狀理論及UCP在信用狀作業之應用

信用狀交易糾紛解析

另 有關 補 償銀行之 費 用，依據第 19 條 e 項之規定，應由
開狀銀行負擔，如 擬 由第三者負擔，開狀銀行應於信用狀及 補

償 授 權書載明，倘信用狀未經 動 支， 補 償銀行之 費 用 仍 由開狀
銀行負責。

爭議？ 另 有關 GN Form L/C ，開狀銀行於 到 單付款時 扣減費 用之
國際商會於其 ICC Doc. No. 470/788 之 文 件有如下之 結

論：
“ … an issuing bank when settling its obligation under a credit

was not providing a service, but mere
do. ” 另 於 ICC Publication No.613, R380 ly doing what it is obliged to 有如下之 結 論：

position was given by the Banking Commission that in “As you have stated, this issued was raised a year ago and a

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 transm ission or payment fee from the
drawing amount. The remittance of funds in this type of

transaction is merely the dischargi ng of that bank’s liability. If a
fee is due, then this should be paid by the applicant.

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