Article 1: Application of UCP
Clause 1: “The Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication no. 600 (‘UCP’) are rules that apply to any documentary credit (‘credit’) (including, to the extent to which they may be applicable, any standby letter of credit) when the text of the credit expressly indicates that it is subject to these rules.”
Explanation: This clause establishes that UCP600 rules are applicable to any documentary credit, including standby letters of credit, provided that the text of the credit explicitly states that it is subject to these rules. UCP600 is not automatically applied; it must be expressly mentioned in the credit’s text. This clause ensures that all parties involved in the credit are aware that the rules of UCP600 govern the transaction.
Example: Consider a buyer in India who requests a documentary credit from their bank to pay a seller in Germany for goods. If the credit document explicitly states, “This credit is subject to UCP600,” then all the rules and regulations under UCP600 will apply to the transaction. Both the buyer’s and seller’s banks, along with the parties themselves, are bound by these rules. It can also be stated like “This credit is subject to UCP LATEST VERSION” or “This credit is subject to UCPDC,” etc.
Clause 2: “They are binding on all parties thereto unless expressly modified or excluded by the credit.”
Explanation: This clause emphasizes that UCP600 rules are mandatory for all parties involved in the documentary credit, including the issuing bank, the advising bank, the beneficiary, and the applicant, unless the credit specifically modifies or excludes certain rules. This means that the parties cannot opt out of the UCP600 rules unless they have expressly stated any modifications or exclusions in the credit itself.
Example: In the same transaction between the Indian buyer and the German seller, if the credit document states, “This credit is subject to UCP600, except for Article 16,” then all the rules of UCP600 will apply except Article 16. The parties have the flexibility to modify or exclude certain parts of UCP600, but such modifications must be explicitly stated in the credit.