[The below comments are based on the March 2006 draft to the
UCP 600]
For the first time UCP has a glossary. It's a
good idea, but more or less not a good attempt. Because some definitions are
not well defined. I find text book definitions better than UCP Draft
definitions. The deficiency in a UCP Draft definition may be because of UCP
's lack of experience and expertise for defining glossary. Here are some
tips for defining a term.
I take up only two definitions from the UCP 600
Draft (Article 2) to tell why their some definitions are not satisfactory
and why I propose alternative definitions. The two definitions make an
enough case to stress my point how a term should be defined.
Take the definition of advising bank. The Draft says
advising bank means the bank that advises the credit at the request of the
issuing bank. Am I satisfied with the definition? Certainly no. Why? Because
it is not complete, because it is vague. How incomplete or vague? The
definition does not tell what to advise, how to advise, when to advise, to
whom to advise.
My definition, then. Advising bank means a bank,
usually domiciled in the beneficiary's country and which is correspondent
bank of the issuing bank, that advises, at the request of the issuing bank,
to the beneficiary the apparent authenticity of the credit when it receives
it, without the obligation to honor it.
The other definition. Applicant. The Draft says
applicant means the party so named in the credit.
Am I satisfied with the definition? No, not at all.
Because it does not tell what is applicant. It simply tells who could be the
applicant . It is not definition. It is identification.
My definition. Applicant is a buyer who requests, on
a prescribed application form, his bank, to issue a credit carrying terms
and conditions as stipulated by him on the application.
A definition of a role actor in a credit transaction,
called party in the documentary credit language, must say about actor,
action, and action objective. The action description must discuss what, how,
when, where, who, where, whom, why. My definition of applicant accordingly
tells who is an actor. A buyer. What is his action? To request. To whom ?
His bank. How to request? On an application. To request for what? That is,
what is action objective? To issue credit.
Feed-back to these comments:
I share your views, especially on the
definition of the applicant. A Chinese proverb describes this very well:
"Something said yet nothing is said".
T. O. Lee, Member of
Consulting Group
I agree on your points they are to the
point. That is why, UCP500 does not include a glossary section of
definitions. It is really a formidable exercise, but, in my view, not
a mission impossible. Such attempt is necessary and need to be
encouraged and improved for better glossary. Efforts, failures, comments,
revision, again revision they all ultimately lead to better result. Hope
ICC takes up your suggestions well and does better.
Jia Hao, Bank of
China, China
|