[China Glass Network] The billing date generally refers to the date on which the document is indicated by the document. Simply understood, it refers to when the documents were made. This date is generally determined by the unilateral behavior of the documentary producer. However, under the electronic delivery method, the situation has changed and needs special attention. Order custom budget Promotional Radios in bulk with company's logo promotional radios, custom personalized radios, emergency promotional radios, imprinted advertising radios, printed logo radios Ningbo Just Gifts Imp & Exp Co., Ltd. , http://www.justgiftschina.com
I. UCP500 regulations on the date of issue The UCP500 Article 22 provides for the issue of the date of issue. However, this article does not define the date of the bill, but focuses on the use of the date of the bill. Since the electronic letter of credit is also subject to UCP500, this provision in UCP500 is also applicable to electronic letters of credit. There are two points to note in practice:
First, unless the credit stipulates otherwise, the bank will accept documents with a date on the date of the letter of credit. Similarly, for an electronic letter of credit, submitting a document prepared in advance of the letter of credit does not violate the requirements of the letter of credit rules for the date of issue.
Second, the above documents must be submitted within the time limit specified in the letter of credit and this practice. In fact, the date of individual billing does not have much substantive significance. It is meaningful to combine the validity period of the letter of credit and the time limit of 21 days after the late shipment of UCP5OO.
Second, ISBP's provisions on the date of the issuance of ISBP Articles 13 to 16, the relevant issues on the issue date are more specific provisions. The main content of the regulations is the following two aspects:
The first is the determination of the date of issue. The document has a certain labeling requirement on the date of the order: even if the letter of credit is not explicitly required, the bill of exchange, the transport document and the insurance document must be dated. Other documents may determine whether a date is required based on the requirements of the letter of credit or the content and nature of the document itself. The above three types of documents need to be dated due to their own operation, and the date of receipt of the documents is the date of receipt of the documents. The date of preparation stated in the document is not the date of issue. This provision is particularly important for bills of lading. This part makes up for the lack of UCP5OO's specific definition of the date of the order.
The second is the time limit requirement related to the billing date. Any documents, including proof of analysis, inspection certificate and proof of pre-shipment inspection, may be later than the date of shipment; no documents may indicate that they are issued after the date of delivery; in any case, the documents must be valid during the period of the letter of credit. Submitted within.
Third, EUCP1.0 on the date of the order of the EUCP1.0 Article e9: Unless the electronic record contains a specific date of the order, it can be seen that the date of sending the electronic record by the single person is the date of the electronic record. If there are no other dates, the date of receipt will be considered the date of issue. The article has three meanings: when the electronic record contains the specific date of the order, the date of the specific order is taken; if the electronic record does not contain the specific date of the order, the date on which the electronic record is sent is electronic. The date of the record is recorded; if there are no other dates, the date of receipt is the date of the order.
Fourth, the correct application of EUCP1.0 provisions The correct application of EUCP1.0 provisions, mainly to pay attention to the specific circumstances of electronic records in practice, specific treatment.
The electronic record contains the specific date of the order, mainly in the following cases: First, the document itself has the time of issue, such as the billing time of the commercial invoice, the date of issue of the bill of lading, etc.; the second is the billing date directly indicated in the document. For example, some other documents are dated when they are created; third, when the documents are generated by the electronic system, the automatically generated documents are dated. The date of issue for these cases should be treated equally. Although the actual document preparation date may not be consistent with the date indicated on the document, this is not a bank review obligation. When using electronic delivery, the date of delivery is inconsistent with the date of the order indicated on the document, and the date indicated on the document shall be the date of the order.
The directly generated electronic record has the same effect as the billing date contained in the electronic record generated by the conversion of the traditional paper document. In the case where the EUCP Letter of Credit allows simultaneous submission of paper and electronic records, if the date of the bill on the paper document due to technical reasons or human negligence is inconsistent with the date of the bill included in the electronic record, EUCP1 shall be given priority. The .0 rule confirms that the date included in the electronic record is the date of the order. If there is a billing date in the paper document, and there is no billing date in the converted electronic record, the date on which the electronic record is sent by the single person shall be the billing date according to EUCP1.0; if there is no electronic record When the date of the bill is issued and the date on which the billing party sends the electronic record cannot be determined, the date of receipt by the receiving system is the billing date.
On the Internet, the date on which a single person sends an electronic record or the date the recipient receives the record is almost the same time in terms of machine time. However, the recipient may be in a position to receive the receipt so that the delivery date is later than the delivery date. At this time, the confirmation of the date of transmission and the date of acceptance shall be guided by the principles recognized in the United Nations Model Law on Electronic Commerce. The “Model Law†confirms that the time for issuing data messages is based on the principle that a data message is sent out of time outside the control range in which it enters the originator or sends the data message on behalf of the originator, unless otherwise agreed by the originator and the recipient. The time of an information system shall prevail. Unless otherwise agreed by the originator and the recipient, the time of receipt of the data message is determined as follows: (a) If the recipient specifies a system for receiving the data message: (1) enter the designation by data message The time of the information system is the time of receipt; or (2) if the data message is sent to an information system of the recipient but not the specified information system, the time when the recipient searches for the data message is the time of receipt; (b) If the recipient does not specify an information system, the time at which the data message enters any of the recipient's information systems is the time of receipt.
It should be clear that confirming the bill date is the bank’s right and the bank’s obligation. However, when the bank reviews the documents and determines the date of the order, it only reviews the surface of the documents. The bank is not responsible for reviewing whether the documents outside the surface are actually dated and whether the dates stated in the documents are consistent. This is also in line with the principle that banks only review the surface of documents and are irresponsible for the authenticity of documents.
The billing date is not a core issue in the letter of credit business, and the relevant regulations are not complicated. Under the paper document, there are not many disputes about this. However, under the electronic letter of credit, due to the application of electronic means, the problem is slightly more complicated in determining the date of the order. It should be clear that attention to the billing date is not a final purpose, and the date of the bill due to the billing date should be of particular concern.
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