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ICC releases a User's Guide to the eUCP

11/02/2021

In July 2019, the ICC Banking Commission released electronic supplements to the existing Uniform Rules for Collections (URC 522) and Uniform Customs and Practice for Documentary Credits (UCP 600) rules, namely eURC Version 1.0 and eUCP Version 2.0. In addition, an article-by-article analysis of both sets of rules was made available.

Over the past year, these eRules, the eUCP in particular, have generated increasing attention as a means to mitigate the issues being faced with the handling of paper transactions. There is a growing realisation by practitioners that paper documents are causing delays and disruption.

Existing ICC rules, such as UCP 600 and URC 522, while being invaluable in a paper world, provide limited protection when applied to electronic transactions. It is inevitable that traditional trade instruments will, over time, inexorably move towards a mixed ecosystem of paper and digital, and, ultimately, to electronic records alone. In this respect, it is important to recognise that the ICC eRules provide many benefits in advancing traditional trade solutions in a digital environment.

With this in mind, the ICC Banking Commission has published an enhanced ‘Users Guide to the eUCP’. Amongst other content, this publication includes an outline of recommended preparations for the usage of the eUCP, along with a more in-depth analysis providing operational guidance.  

The Guide can be viewed here eUCP 2.0 User Guide - 2021.pdf


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We, as the issuing bank, requested the below document, under field 46A. “Insurance policy/certificate for 10.00 percent above CIF value payable to the order of Sampath bank PLC, covering institute cargo clauses (a), institute war clauses (cargo), institute strike clauses (cargo), transshipment risks marked premium paid claims payable in Colombo irrespective of percentage.” Insurance certificate is presented containing below wording on the face side of the document. “The settlement of loss and damage will be effected, unless otherwise provided, through the intermediary of Marsh SA/NV to whom all documents are to be forwarded for this purpose, and will collect the indemnity under deduction of a commission of one percent” Also, it indicates the LC conditions as a mirror image as follows under the heading of "letter of credit conditions" whereas insurance conditions are incorporated separately in the certificate: "covering institute cargo clauses (A), institute war clauses (cargo), institute strike clauses (cargo), transshipment risks marked premium paid claims payable in Colombo irrespective of percentage" Having considered the above clauses, we have quoted below discrepancies. 1) Insurance policy indicates a deductible of 1 pct instead of irrespective of percentage. 2) Insurance not marked premium paid Beneficiary’s bank disagrees with our discrepancy and raised below argument: “Insurance policy/certificate does not indicate a deductible of 1 pct irrespective of percentage on the face of the document and banks will not examine terms and condition in insurance document as per ISBP paragraph K22 and marked as premium paid under the LC conditions. Considering above, may we have your opinion on the discrepancy quoted by us and the counter argument raised by the beneficiary’s bank.