eUCP Version 2.0 Article e5

Chào các bạn,

Thật may khi Điều e5 chỉ gồm có 2 câu ngắn, đó là:

(1) LC tuân thủ eUCP phải nêu rõ định dạng (format) của mỗi chứng từ điện tử, và

(2) Nếu LC không nêu rõ định dạng của chứng từ điện tử thì có thể xuất trình chứng từ đó ở bất kỳ định dạng nào.

Các bạn đọc thêm phần COMMENTARY để hiểu rõ thêm quy định này nhé. Cũng ngắn thôi mà!

G9

Mr. Old Man
—–

ARTICLE e5

FORMAT

An eUCP credit must indicate the format of each electronic record. If the format of an electronic record is not indicated, it may be presented in any format.

CHANGES FROM eUCP VERSION 1.1

• Minor structural changes

COMMENTARY

Format means the method by which a data processing system organises and reads data. eUCP sub-article e3 (b) (v) (Definitions) defines the term ‘format’ as ‘the data organisation in which the electronic record is expressed or to which it refers’. eUCP article e5 requires that the format of an electronic record be specified in a eUCP credit and states the consequences if not so indicated. In view of the fact that data processing systems are unable to recognise each and every format into which data may be organised, it is important that any data be in a format that is readable by the relevant data processing system. As a result, it is essential that any related eUCP credit (or relevant amendment) indicate the required format.

SPECIFICATION OF FORMAT

The eUCP is technology neutral and does not specify the use of any particular format. The format is to be stated in the eUCP credit in a manner that is comprehensible to the presenter.

FORMAT VERSION

With the ever-evolving change in technological development, many systems of organisation are regularly issued in successive versions. It is typical that the later versions are able to read earlier ones but that earlier ones are not able to read later ones. It is quite conceivable that an eUCP credit may indicate diverse formats for several documents. If the credit does not specify a format for a particular document, then such document may be presented in any format.

FAILURE TO INDICATE A FORMAT

As mentioned above, it is essential that any related eUCP credit (or relevant amendment) indicate the required format. Should it not do so, then the presenter can present documents in any format. Such a circumstance may result in a situation wherein, whilst the issuing bank or any confirming bank would be unable to access the electronic records, they would still be liable to honour. Any ability to dishonour on the basis that a bank is unable to read the format in which data is presented would, under eUCP sub-article e7 (c) (Examination), not be feasible in such circumstances.

CAPABLE OF BEING READ

The sanction embodied in eUCP article e5 and sub-article e7 (c) (Examination) is not applicable to the presentation of data in a format that is not readable at all. Under eUCP sub-article e3 (b) (iii) (Electronic record), any data that has been presented in such circumstances is not an electronic record that, inter alia, must be capable of being examined for compliance.