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The URDG on the operating table
The URDG (ICC
Uniform Rules for Demand Guarantees) are currently under revision.
Follow the revision here. |
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Below is a "timeline" update on the
URDG revision.
We invite comments and views on the
content of the various URDG drafts. Please e-mail to:
URDG@lcviews.com
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October
2008 Mr. Georges
Affaki made an update of the URDG revision on the meeting in the ICC
Commission on Banking Technique and practice in Paris 24 October 2008.:
The comments for the 2nd draft must be submitted by
the National Committees latest 6 November 2008 – and a new draft
(the 3rd) was promised before Christmas.
It was then discussed if a separate meeting should
be arranged in order to discuss all the articles – or if ½ day in connection
with the next regular meeting (In Dubai March 2009)
would suffice.
Futher “5 difficulties”
of a political nature that need be solved was pinpointed.
Those circles around the following topics:
- The term “International standard demand
guarantee practice”.
- Information on demand (article 17).
- Standard examination of documents – especially
vis-à-vis the concept of non-documentary conditions.
- 5 or 3 days to determine if a demand is complying?
- How should the Force Majeure rule be drafted?
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August 2008
The second comprehensive draft of the
URDG was circulated to the national committees for
comments by 6
November 2008
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16 April 2008
During the meeting in the ICC Banking
Commission in Athens 15 and 16 April 2008 - an update on the URDG revision
were given. Some of the highlights included:
- 37 sets of comments on the
first comprehensive draft had been received.
- There will be URDG 758
T-shirts :-)
- Many comments circle around
the close relationship to the UCP 600
E.g. how to determine consistency between documents - like the UCP 600
or like the ISP 98?*
- The guarantee application is
as such outside the URDG
- It has been discussed whether
to use the term "bank" or "party" - i.e. Issuing Bank" or "Issuer".
- A number of comments on
"International Standard Demand Guarantee Practice"
- How to handle non-documentary
conditions?
- How to handle amendments?
- How to change URDG 458
article 20 (written statement)?
The principle used in the draft is in line with article 20 - still
almost no comments were recieved on this issue.
The URDG Drafting Group will
work through the comments - and prepare a new comprehensive draft before
the next meeting in the ICC Banking Commission (October 2008)
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19 February 2008
The first comprehensive draft of the
URDG was circulated to the national committees for
comments by 28 March 2008
(I.e. 12 months after go-ahead
from the ICC Banking Commission)
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25 April 2007
| "The business
case for the revision of the URDG" was approved by the ICC Banking
Commission at their meeting in Singapore - meaning a go-ahead to revise
the URDG. |
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February 2007
Prior to the ICC meeting in Singapore
the ICC Task Force on Demand Guarantees circulated "The business case for
the revision of the URDG". The main arguments in favour of a revision
were as follows:
- The URDG were drafted
in the eighties for a market that has since evolved.
- A revision is an opportunity to bring the
Opinions into the new revised set, thus levelling the playing field for
all URDG users.
- Numerous seminars conducted by Task Force
members throughout the world have provided a unique compilation of
comments, experiences, criticisms and feedback on the rules.
- While UCP and URDG were both products of the
ICC Banking Commission, the URDG differ from UCP, and to a certain extent
from other Commission-endorsed rules such as ISP, both with regard to
substance and terminology.
The Business case also included the
following statement:
It [the URDG Drafting Group]
will seek to produce a first comprehensive draft and submit it to the
Commission and the national committees for comments within 18 months after
it receives the go-ahead.
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