国际贸易实务(英文版) International Trade Practice
周瑞琪 王小欧 徐月芳 编著
IV. Short questions
1. Who pays for loading for shipment under FOB?
答：Seller.
2. Who pays for unloading under CIF?
答：Buyer.
3. Compare and contrast FOB, CFR and CIF?
答：Similarities: a. Seller’s risk will be transferred to the buyer when the goods pass
the ship’s rail. b. Seller is responsible for export customs formalities while buyer is responsible for import customs formalities. c. Buyer is responsible for unloading the goods at the port of destination. d. All three terms can only be used for waterway transportation. Differences: a. FOB requires the buyer to arrange and pay for the ocean transportation; CFR requires the seller to arrange and pay for the ocean transportation; CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer’s risk.
4. What are the two types of trade terms concerning the transfer of risks?
答：Shipment contract terms vs. arrival contract terms. Under shipment contract terms
seller’s risk will be transferred to the buyer before the goods depart from the place/port of shipment. Under arrival contract terms seller will bear the risk of the goods until the goods arrive the destination.
5. What are the differences and similarities between CPT and CFR?
答：Major similarities: a. seller should contract and pay for the major carriage. b.
Seller is not taking the risk of loss or damage to the goods during the transportation. Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport. b. Under CPT seller’s risk will be transferred to the buyer when the goods are handed over to the firstcarrier nominated by seller. Under CFR seller’s risk will be transferred when the goods pass over the ship’s rail.
6. What are the differences and similarities between CIP and CIF?
答：Major similarities: a. seller should contract and pay for the major carriage. b.
Seller is not taking the risk of loss or damage to the goods during the transportation. c. Seller must obtain insurance against buyer’s risk. Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport. b. Under CPT seller’s risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by seller. Under CFR seller’s risk will be transferred when the goods pass over the ship’s rail.
7. If you trade with an American, is the sales contract subject to Incoterms without any doubt? What should you do?
答：No. The Revised American Foreign Trade Definitions 1941 is still in use,
especially among the North American area. It has different interpretation about some trade terms. The traders should clarify the choice of rules before any further discussion.
8. What are the most commonly used trade terms?
答：FOB,CFR & CIF.
9. Who is responsible for carrying out customs formalities for exports under an FOB contract?
答：Seller. According to Incoterms 2000, except EXW and DDP these two terms, all
the other eleven terms require the seller to handle the export customs formalities, while buyer the import customs formalities.
10. If a Chinese trader signs a FOB Hamburg contract, is he exporting or importing? 答：Importing. FOB should be used with a “named port of shipment”, if Hamburg is
the port of shipment, from the Chinese trader’s perspective, he is importing.
V．Case Studies
1. An FOB contract stipulated, "The shipment will be effected in March 2008. If the
vessel fails to arrive at the port of shipment on time, the seller agrees to set aside the goods for additional 27 days, and the buyer will bear all costs of delay." it turned out that under the seller's repeated requests, the vessel named by the buyer finally arrived at the port of shipment on May 1. As a result, the seller refused to make the shipment.
(1) Was the seller entitled to compensation for the warehouse rent, insurance and
interest due to the delay?
(2) If the seller had sold the goods to a third party on April 25, should the buyer
pay for the delay?
(3) If the seller had sold the goods to a third party on May 1 with a better price,
was he entitled to any compensation?
析： a案例中提到“shipment will be effected in March 2008”,这种确定装运时间的
方式允许在整个3月份期间的任何时间进行装运。也即是说，装运的最后期限为08年3月31日。b文中提到的“additional 27 days”,根据合同卖方同意在买方船期延误的情况下为其将货物保留到4月27日。
（1）答案：Yes。
答题切入点：a FOB术语关于双方费用划分的规定；b 合同本身的条款规定。
（2）答案：No。
答题切入点：合同本身的条款规定。
（3）这题与第一题相比，不同的一点在于“with a better price”。解答时应对这一点进行分析：在卖方卖出货物获得更高利润的情况下，他是否还应获得相关赔偿？
答案：Yes。
答题切入点：合同本身的条款规定。
2. A contract to sell grain used a CFR term. The grain was officially certified as
Grade One at the time of being delivered on board at the port of shipment. After making the shipment, the seller gave the buyer timely notice. However, due to the long voyage, some grain went bad. At the destination, the grain could only be sold as "Grade 3". Consequently, the buyer claimed compensation for the damage. Should the seller pay?
析：a 货物在装运港已经“officially certified as Grade One”，这就说明货物的质量是合格的，而且是经官方确认的。b 文中提到“due to long voyage”这说明货物变质的原因是由于运输时间长。
答案：No。
答题切入点：a 货物变质的原因；b CFR术语下风险转移的情况。
3. Under a CIF contract, the goods had been loaded on board the vessel according to
the terms of the contract. Then the vessel departed. An hour later, the vessel struck a rock and sunk. The next day the seller's bank presented the shipping documents, insurance policy and invoices to the buyer, and demanded payment.
(1) Should the buyer pay?
(2) Which party would have to take the loss?
析：本题的关键疑问在于买方明知货物已全部损失，不可能再收到货物，是否还
应支付货款。这是考察对“symbolic delivery”这个概念的理解。在CIF术语下，卖方交货时买方并没有真正收到货物，卖方的交货是通过货交承运人并获得相关单据（尤其是物权凭证）来实现的。而相应的，买方必须接受交货，也就是买方必须接受卖方提供的相应单据并履行相关支付的义务。
（1）答案：Yes.
答题切入点：a 卖方履行其义务的情况；b CIF术语对双方交货、领受货物的规定；c 解释“symbolic delivery”在这里的应用。
（2）答案： Buyer。
答题切入点：CIF术语下风险转移的情况。由于本章主要讨论贸易术语的应用，关注的主要是买、卖双方。如果答案是保险公司，则要求说明损失的风险首先是由买方承担的，在风险属于保险公司承保范围内的情况下，保险公司会对买方进行部分或全部的赔偿。
4. A Shanghai company signed a CIF contract to sell Christmas goods to a British
company. The $1 million contract stipulated, "The seller guarantees that the goods arrive at the port of destination by December 1, 2008. If the carriage is late, the buyer can cancel the purchase, and get the refund for the payment." So the shipment was made. Unfortunately, due to mechanical problems, the vessel arrived at the destination a few hours late. The buyer refused to accept the goods. As a result, the goods had to be sold on the spot, and the seller lost $700,000.
(1) Was the "arrival date" clause consistent with CIF term under Incoterms
2000?
(2) What trade term is proper for the obligation concerning arrival time?
析：卖方受损的原因是货物达到目的港的时间晚于合同规定的时间，因此买 方
拒收货物。从表面上看，似乎问题就是出在卖方违约上，但如果仔细分析就会发现， 该合同本身的内容就存在自相矛盾的问题。合同用的是CIF术语，卖方在货过船舷时风险就转移。卖方既不承担运输途中的风险，也不保证货物是否能抵达目的港。CIF合同本质上是一个“shipment contract”。但加上一条保证到岸时间的条款后，合同的性质发生了变化：它变成了一个“arrival contract”。也就是说，在货物按时抵达目的港之前的一切风险都由卖方承担，否则卖方就是违约。
（1）答案：No.
答题切入点：a CIF术语对双方风险及义务的划分，点出“shipment contract”这一概念；b 解释“arrival date” clause对合同性质的改变。
（2）答案： DES。
答题切入点：对比两个术语在义务、费用划分上的相似程度。
5. A Chinese company finalized a transaction with a German company under CIF price and L/C payment. Both sales contract and L/C received stipulated that transshipment was not allowed. The Chinese company made the shipment on a direct vessel within the validity period of the L/C and negotiated the payment with a direct Bill of Lading successfully. After departing from the Chinese port, in order to take another shipment, the shipping company unloaded the goods from the original vessel and reloaded them onto another one. Due to the delay and the poor condition of the second vessel, the goods arrived 2 months later than the expected time. The German company suffered and claimed compensation from the Chinese company with the reason that the Chinese side cheated them with a direct B/L. The Chinese company believed that since they signed the contract under a “到岸价格” and they booked the shipping company, they would be responsible for what happened. As a result the Chinese side compensated. Comment on this case.
案例要点解析：a 卖方按照合同规定履行了各项义务，造成货物到港延误的原因是船公司擅自改变运输安排，卖方对此并不知情。 b 卖方把CIF理解成“到岸价格”存在错误，混淆了承担风险与承担费用的区别。如果把CIF理解成“到岸价格”，那么CIF就变成了一个到岸合同术语（arrival contract term）了，而实际上它应该是个装运合同术语(shipment contract term)。c 因此，卖方在此情况下不应进行赔偿，而是应该协助买方向船方进行索赔。
V．Case Studies
1. BB Company signed a contract to export clothing. Its export costs totaled RMB800,000, and export revenue totaled USD100,000. If the exchange rate was USD 1 = RMB8.2, Calculate:
1) Its export cost for foreign exchange;
A: Export cost for foreign exchange
= Export cost in CNY / Ex port revenue in Foreign curry
= 800,000 / 100,000 = 8
2) Its export profit/loss rate.
A: The Export cost for foreign exchange is less than the exchange rate (8<8.2), so this transaction is profitable.
Export profit margin
= [(foreign exchange rate – export cost for foreign exchange) / export cost for
foreign exchange] x 100%
= [(8.2- 8) / 8 ] x 100% = 2.5%
2. The price quoted by a Shanghai exporter was "USD1200 per M/T CFR Liverpool". The buyer requested a revised FOB price including 2% commission. The freight for Shanghai-Liverpool was USD200 per M/T. To keep the export revenue constant, what would be FOBC2% price?
A: FOB = CFR – F = USD1200 - USD200 = USD1000
FOBC2 = FOB / (1- C%) = USD1000 / (1- 2%) = USD1020.4
The FOBC2% price for this transaction is USD1020.4 per M/T.
3. AC Company offered to sell goods at "USD100 per case CIF New York". The importer requested a revised quote for CFRC5%. The premium rate for insurance was 1.05% and mark-up for insurance was 10%. To get the same export revenue, what would be AC's new offer?
A: CFR = CIF x ( 1- U x R) = USD100 x (1-110% x 1.05%) = USD98.845
CRFC5 = CFR / (1- C%) = USD98.845 / (1-5%) = USD104.047
AC’s new offer would be “USD 104.047 per case CFRC5% New York”.
4. DD Company offered to sell goods at "USD2000 per M/T CIF Toronto with 'all risks' and 'war risk' for 110% of the value". The importer requested a revised quote for FOB Guangzhou. The freight for Guangzhou-Toronto was USD50 per M/T, and the premium rates for "all risks" and "war risk" were 1% and 0.2% respectively. To get the same export revenue, what FOB price should the exporter offer?
A: I = CIF x U x R = USD2000 x 110% x (1% + 0.2%) = USD26.4
FOB = CIF – F – I = 2000 – 50 –26.4 = USD1923.6
The exporter’s new offer should be “USD1923.6 per M/T FOB Guangzhou”.
5. The price quoted by an exporter was "USD450 per case FOB Shanghai". The importer requested a revised quote for CIF Auckland. If the freight was USD50 per case, 110% of the value was to be insured, and the premium rate for insurance was 0.8%, what would be the new price?
A: CFR = FOB + F = 450 + 50 = USD500
CIF = CFR/(1- U x R) = 500/(1- 110% x 0.8%) = 500 / 0.9912 = USD504.44 The new offer would be “USD504.44 per case CIF Auckland”.
7. On Nov. 20th, Lee Co. offered to sell goods to Dee Inc. at USD500 per case CIF London, “Offer valid if reply here 11/27.” On Nov. 22nd Dee cabled back, “Offer accepted if USD480 per case.” As Lee was considering the bid, the market price went over USD500. On Nov. 25th, Dee cabled an unconditional acceptance of Lee’s initial offer. Could Lee reject Dee’s acceptance?
析：a. 11月22日Dee Inc.的回复对价格进行了更改, 这是一个还盘. 当Dee Inc.对报盘进行还盘, 原来的报盘就自动中止了.在这个前提下，Lee Co.可以采取任何行动而不须顾虑先前的报价. b. 尽管Dee Inc.在原报盘的有效期内又发出了一个无条件接受报盘的回复,但由于之前他们已经进行了还盘,所以此时的接受无效。
答案：Yes。
答题切入点：a 还盘的定义；b 报盘中止的因素。
8. X offered to sell goods to Y, “Shipment within 2 months after receipt of L/C, offer valid if reply here 5 days.” Two days later, Y cabled back, “Accept your offer shipment immediately.” X didn’t reply. Two more days later, X received Y’s L/C requiring immediate shipment. At this time, the market price of the goods went up by 20%. What options did X have to deal with Y?
析：a. Y在两天后的回复中虽然声明接受报盘，但同时要求＂shipment immediately”, 这是对原报盘的船期“shipment within 2 months”进行了修改，因此构成了一个还盘．原报盘则被中止．b. 在这个前提下，再来考虑X都有哪些选择以及哪个是最可能或最好的。
答题切入点：a． 还盘的定义；b． 报盘中止的因素；c． X可能有的各项选择；d. X最可能选择的做法及原因。
VI. Case Studies
1. Y Company signed a contract to export red dates. The contract specified that the dates should be “Grade 3”. But at the time of shipment, there were not enough third-grade dates on hand for delivery. As a result, dates of higher quality, Grade 2, were used as substitutes. The seller proudly marked the invoice, “Dates of Grade 2 sold at the price of Grade 3”.
(1) Could the buyer refuse to accept the goods? Why or why not?
(2) Would you do differently if you were the seller? How?
析：本题的解题要点：a. 联合国国际货物销售合同公约第三十五条（１）卖方
交付的货物必须与合同所规定的数量、质量和规格相符，并须按照合同所规定的方式装箱或包装。 b. 合同本身的品质规定是“Grade 3” c. 实际所交货物的品质是“Grade 2”。
（1） 答案：Yes, 买方可以拒收货物。不论品质比规定的好或差，只要实际所交货物的品质是与合同本身的品质规定不同，就是不符。在此情况下，买方有权利拒收货物。
答题切入点：品质不符的理解。
（2）答案：Yes, 如果我是卖方，我会与买方磋商，寻求买卖双方都能接受的处理方法。
答题切入点：与买方磋商解决。
2. ABX Company sent a sample of exporting goods to a German buyer during negotiation. Later, a contract was signed, and the provision of the goods was, “Moisture: 14%; Impurity: 4%.” Before shipment, the seller again cabled the buyer, “Quality as per sample”. After taking the delivery, the buyer had the goods inspected. Although the quality conformed to the terms of the contract, it was lower than that of the sample by 7%. As a result, the buyer filed a claim for compensation. Did the seller make any mistake? Why or why not?
析：答案是Yes. 买方可以向卖方提出索赔, 因为卖方交付的货物的品质与样品
不符；在这笔交易中，卖方犯了起码两个错误：
错误(1)： 品质条款没有品质机动
某些产品（如农副产品等）的质量具一定的不稳定性，为了交易的顺利
进行，在规定其品质指标的同时，应制定一定的品质机动幅度，允许卖方所交的货物的品质指标在一定的幅度内有灵活性。否则单一的品质指标难以达到，往往给卖方履行合同带来困难。
答题的切入点：品质机动条款
错误(2)：品质规定用了双重标准，既凭合同规格买卖，又凭样品买卖。
表示品质的方法很多，品质条款应视商品的特性而定，采取合理的品质规定。凡是能用一种方法表示某种品质的，一般就不宜用两种或两种以上的方法来表示。根据联合国国际货物销售合同公约，如同时采用既凭样品又凭规格买卖，则要求卖方交付的货物的品质必须既与样品一致，又要符合合同所规定规格，要做到两全其美，难以办得到，往往给卖方履行合同带来困难。
答题的切入点：品质规定的双重标准，既凭合同规格又凭样品买卖
3. X Company signed a contract to export rice. The quantity was 10,000 tons. After taking the delivery, the foreign buyer demanded an additional 160 metric tons of rice. What went wrong?
析：本题的解题要点：合约中的数量为“吨”，是不明确的规定。 “吨”，在实
行公制的国家一般理解为公吨，每吨为1000公斤；在实行英制的国家一般理解为长吨，每吨为1016公斤；在实行美制的国家一般理解为短吨，每吨为907公斤。所以，当卖方理解为公吨，每吨为1000公斤；而买方理解为长吨，每吨为1016公斤是， 这份合约下卖方实际交货的数量与买方预期收货数量的差别为160 公吨 [（1016 kg – 1000 kg ） X 10,0000 = 160 000kg = 160 metric tons]。
答案：是买卖双方对合约数量规定的“吨”有不同的理解。
答题的切入点：a. 数量规定不明确；b. 不同度量衡制度下的“吨”表示的实际数量不同。
4. A Beijing company signed a contract to import wool from Australia. The quantity was specified as “20 M/T”. When the wool was delivered, it had a regain of 33%.
(1) What is a regain?
(2) Why did the buyer get a bad deal?
(3) If the standard regain is 10%, and actual regain is 33%, what is the conditioned
weight?
析：本题的解题要点：a. 文中提到合同约定的数量是“20MT”，应理解为净重。
因为计算重量的方法有毛重，净重，公量等，而根据联合国国际货物销售合同公约第五十六条，如果价格是按货物的重量规定的，如有疑问，应按净重确定。b. 合同商品的羊毛，具有较强的吸湿性，其所含的水分受客观环境的影响较大，故其重量很不稳定。为了准确计算这类商品的重量，国际贸易中买卖双方通常会约定标准（公定）回潮率， 采用按公量计算的办法。
(1) 答案：回潮是指货物（纤维材料）在环境温度下吸湿含水的现象。 回
潮率则是指货物（纤维材料）含水重量占货物（纤维材料）干重的百分比 答题的切入点：回潮（率）的概念
(2) 答案：买方这笔交易不划算。因为合同中没有明确规定计算重量的方法，只能按净重计算。因此当卖方实际交货的羊毛，因具有较强的吸湿性而其所含的水分高达33%是，买方也别无他法，只得按净重（连带33%的水分）计算付款。
∵ Conditioned Weight = Dried Net Weight x(1+ Standard Regain)
= Net Weight x 1+ Standard Regain 1+ Actual Regain
∴ Dried Net Weight = Net Weight / (1+ Actual Regain)
= 20 / (1+33%) = 15.04 M/T
Moisture content = Actual Weight – Dried Net Weight
= 20 – 15.04 = 4.96 M/T
or ∵Regain = (moisture content / oven dried weight) x 100%
= (moisture content / actual weight –moisture content) x 100% ∴Moisture content = (regain x actual weight)/(1+regain)
= (33% x 20)/(1+33%) = 4.96 M/T
Dried net weight = actual weight –moisture content
= 20 – 4.96 = 15.04 M/T
答题的切入点：合同约定计算重量的方法不明确
(3) 答案：如按公量计算， 这批货只有16.54 公吨。
计算：
Conditioned Weight = Net Weight x
1+ Standard Regain 1+ Actual Regain = 20 x [(1+ 10%)/(1+33%)] = 16.54 M/T
答题的切入点：公量的计算
VI. Case Studies
1. ABC co. signed a contract to export 200 M/T of beans. The letter of credit
stipulated, “Partial shipment not allowed”. When the shipment was being made, the exporter loaded 100 M/T each on board the same vessel for the same voyage at the port of Shanghai and the port of Dalian. The shipment document was clearly marked with the ports of shipment and the dates of shipment. Did the exporter violate the terms of the L/C?
析：本题的解题要点：UCP600第三十一条：b.表明使用同一运输工具并经由同
次航程运输的数套运输单据在同一次提交时，只要显示相同目的地，将不视为部分发运，即使运输单据上表明的发运日期不同或装货港、接管地或发运地点不同。案例虽然没有说明货物是否在同一目的港卸货，但如果没有强调说明，一般认为是同一个目的地。
答案：No, 卖方没有违反信用证“不允许装船” 的规定。
答题切入点：对转船的定义和相关规定的理解。
3. A Chinese exporter signed a CIF contract with a foreign importer. Payment was
to be made by irrevocable sight L/C. Both the contract and the L/C prohibited transshipment. Within the validity of the Credit, the exporter shipped the cargo on board a liner sailing direct to the port of destination, and presented the direct B/L for negotiation. Later the foreign issuing bank also made payment against the direct B/L forwarded by the negotiation bank. However, in order to collect some other cargos, the carrying vessel unloaded the cargo at an intermediate port without authorization. The cargo was instead reloaded on to an old vessel, and thus arrived at the destination two months late. As a result, the buyer lodged a claim against the Chinese side for fraud, since the cargo was actually transshipped even though the direct B/L was issued. Finally the exporter accepted the claim and made compensation as requested, as he thought that he, as the person booking the vessel, should be liable for the carrier's unauthorized transshipment.
(1) Do you think the settlement of this case appropriate?
(2) Who should bear the loss? Why?
(3) Who should be liable for the damage? Why?
(4) What should the seller do?
析：本题的解题要点：a. 信用证规定不允许转船； b. 卖方与承运人签订的运输
合同是要求直达船运输的，有直达提单为证； c. 承运人中途卸货转船是其单方面的违约行为。
（1）答案：No。 卖方不应赔偿买方的损失。
答题切入点： a. CIF的性质和卖方的责任 b. 中途卸货转船的责任人。
（2）答案：买方自己而不应由卖方承担损失。
答题切入点：贸易术语CIF风险的转移。
（3）答案：承运人应对货损负责。
答题切入点：a. Direct B/L的含义 b. 造成货损的直接原因及其责任方。
（4）答案：卖方可建议并协助买方直接向承运人交涉并索赔。 答题切入点：卖方不是货损的责任人。
acceptance承兑factoring保理业；actualtotalloss实际全损forfe；advalorem从价运费fortuitousa；additional附属费franchise免赔；advancedB/L预签提单freightra；airtransportation空运freig；airwaybill空运单generalaver；ante-acceptance 承兑 factoring 保理业务
actual total loss 实际全损 forfeiting 包买票据
ad valorem 从价运费 fortuitous accidents 意外事故
additional 附属费 franchise 免赔率
advanced B/L 预签提单 freight rates 运费率
air transportation 空运 freight ton 运费吨
air waybill 空运单 general average 共同海损
ante-dated B/L 倒签提单 general risks 一般外来风险
anticipatory credit 预支信用证 indemnity 赔偿
back-to-back credit 背对背信用证 insurable interest 可保利益
basic freight 基本运费 insurance certificate 保险凭证
beneficiary 受益人 insurance claim 保险索赔
bill of exchange 汇票 insurance cover(age) 保险险别
charter party 租船契约 insurance policy 保险单
charter transportation 租船运输 insurance premium 保险费
charter(tramp) 不定期货船 insurance rate 保险费率
check 支票 irrevocable L/C 不可撤销信用证
claimant 索赔人 lay day 装卸天数
clean B/L 清洁提单 liner/gross terms 班轮条件
clean bill 光票 liners transportation 班轮运输
clean collection 光票托收 measurement ton 尺码吨
clean credit 光票信用证 natural calamity 自然灾害
combined certificate 联合凭证 open policy 预约保单
confirmed L/C 保兑信用证 optional port 选择港
constructive total loss 推定全损 order B/L 指示提单
containerization 集装箱运输 partial loss 部分损失
contribution 分摊 partial shipments 分批装运
deferred payment 延期付款 particular average 单独海损
demurrage 滞期费 paying instrument 支付工具
discount 折扣，贴现 payment by installments 分期付
documentary bill 跟单汇票 款
documentary letter of credit 跟单payment in advance 预付
信用证 payment term 支付方式
endorsement 背书 perils of the sea 海上风险
exclusions 除外责任 port of destination 目的港
external risks 外来风险 port of shipment 装运港
extraneous risks 外来风险 presentation 提示
CFS (Container Freight Station) 集装箱货运站
CIC (China Insurance Clauses) 中国保险条例
CP (Charter Party) 租船契约
CY (Container Yard) 集装箱堆场
D/A (documents against acceptance) 承兑交单
D/D (demand draft) 即期汇票
D/P (documents against payment) 付款交单
DR to DR (Door to Door) 门到门运输
F. I. (Free In) 船方管卸不管装
F. I. O. (Free In and Out) 船方不管装卸
F. I. O. S. T. (Free In and Out, Stowed ＆ Trimmed) 船方不管装卸，理舱和平舱
F. O. (Free Out) 船方管装不管卸
FCI (Factors Chain International) 国际保理联合会
FCL (Full Container Load) 整装箱
FPA (Free from Particular Average) 平安险
GA (General Contribution) 共同分摊
ICC (Institute Cargo Clause) 协会货物运输保险条款
IMT (International Multimodal Transportation) 国际多式联运
IOP (irrespective of percentage) 不计免赔率 presenting bank 代收行 promissory note 本票 proximate cause 近因原则 rail(way) transportation 铁路运输 reciprocal credit 对开信用证 red clause credit 红条款信用证 remittance 汇付 revocable L/C 可撤销信用证 revolving credit 循环信用证 road transportation 公路运输 sea transportation 海运 sea waybill 海运单 sight draft 即期汇票 sight L/C即期信用证 special risks 特殊外来风险 stale B/L 过期提单 standby L/C 备用信用证 straight B/L 记名提单 subject matter 保险标的 subrogation 代位求偿权 sum insured 保险金额 surcharge 附加费 tenor 汇票期限 the insured/insurant 被保险人 the insurer 承保人，保险公司 time charter 期租船 time of delivery 交货期 time/usance draft 远期汇票 total loss 全部损失 transferable L/C 可转让信用证 transshipment 转船 underwriter 承保人 unexpected accidents 意外事故 utmost good faith 最大诚信原则 voyage charter 程租船 weight ton 重量吨
L/C (letter of credit) 信用证
L/G (letter of guarantee) 保函
LCL (Less than Container Load) 拼装箱
M (Measurement) 尺码
M/T (mail transfer) 信汇
MTO (Multimodal Transportation Operator) 多式联运经营人
PICC (the People’s Insurance Company of China) 中国人民保险公司
SRCC (strikes, riots and civil commotions) 罢工，暴动，民变脸
T/T (telegraphic transfer) 电汇
TPND (theft, pilferage and non-delivery) 偷窃提货不着险
UCP 600 (Uniform Customs and Practice for Documentary Credit 600) 跟单信用证统一惯例 600
URC 522 (Uniform Rules for Collection 522) 托收统一规则
W (Weight) 重量
W/W Clause (Warehouse to Warehouse Clause) 仓至仓条款
WPA (With Particular Average) 水渍险
Short Questions
Chapter 5
1. Under what circumstances does the time of shipment equal to the time of delivery?
Time of shipment refers to the time limit for loading the goods on board the vessel at the port of shipment while time of delivery refers to the time limit during which the seller shall deliver the goods to the buyer at the agreed place.
For all shipment contracts, time of shipment equals to time of delivery, and according to Incoterms 2010, contracts concluded on the basis terms like FOB, CFR, CIF, FCA, CPT, CIP are shipment contracts. Under the shipment contract, the seller fulfills his obligation of delivery when the goods are shipped on board the vessel or delivered to the carrier and the seller only bears all risks prior to shipment.
2. What are the functions of a bill of a lading?
A cargo receipt, evidence of a contract of carriage, a document of title to the goods.
3. What are the main types of bills of lading?
·According to whether the goods have been loaded on board the carrying vessel: Shipped B/L and received for shipment B/L
·According to the apparent condition of the received cargo: Clean B/L and Unclean B/L,
·According to the address of the consignee: Straight B/L, Order B/L and Bear B/L,
·According to whether transshipment is involved in transit: Direct B/L and Transshipment B/L, ·According to the perplexity or simplicity of the bill content: Long term B/L and Short term B/L, ·According to the payment condition of freight: Freight prepaid B/L and Freight to be Collected B/L ·According to the validity: Original B/L and Copy B/L
·Other forms of bill of lading also exist according to different circumstances: Stale B/L, Ante-dated B/L, Advanced B/L, On-deck B/L.
4. What are the ways of dividing charges of loading and unloading in a charter party? ·Liner Terms/ Gross Terms or In and out: The ship-owner bears loading and unloading cost. ·Free in: The ship-owner is only responsible for unloading cost.
·Free out: The ship-owner is only responsible for loading cost.
·Free in and out: The ship-owner does not bear loading and unloading cost. OR F. I. O. S. T.: The ship-owner does not bear loading and unloading cost, not even bear the expenses of stowing and trimming.
5. What factors are to be concerned in stipulating clause of delivery in a contract?
Time of delivery(time of shipment), port (place) of shipment and port (place) of destination, partial shipment, transshipment, or lay days, demurrage and dispatch money.
Chapter 6
1. What are the differences between general average and particular average?
Although both general average and particular average belong to the category of partial loss, there is still some differences between them:
·Causes: Particular average is a kind of cargo loss usually caused directly by sea perils, while general average is caused by intentional measures taken to save the common interest.
·Indemnification: Particular average is often borne by the party whose cargo is damaged, while general average should be proportionally contributed among all parties benefited from the intentional measures.
2. What are the conditions for general average?
·The danger that threatens the common safety of cargo and/or vessel shall be materially existent and is not foreseen.
·The measures taken by the master shall be aimed to remove the common danger of both vessel and cargo and shall be undertaken deliberately and reasonably for common safety.
·The sacrifice shall be specialized and not caused by perils directly and the expense incurred shall be additional expense which is not within the operation budget.
·The actions of the ship’s master shall be successful in saving the voyage
3. What are the differences between the scope of ICC(B) and ICC(C)?
The scope of ICC(C) covers loss of damage to the cargo attributable to fire or explosion, vessel of craft being stranded, grounded, sunk or capsized, overturning or derailment of land conveyance, collision or contract of vessel, craft or conveyance with any external object other than water, or discharge of cargo at a port of distress, general average sacrifice, or jettison.
Apart from those covered under ICC(C), the scope of ICC(B) also covers loss of or damage to the subject matter insured attributable to earthquake, volcanic eruption or conveyance, container, liftvan or place of storage, or total loss of any package lost overboard or dropped whilst loading onto or unloading form, vessel or craft.
4. What are the risks that are known as general additional coverage
1)T.P.N.D(Theft, Pilferage and Non-delivery), 2)Fresh Water Rain Damage, 3)Risk of Shortage,
4)Risk of Inter Mixture and Contamination, 5)Risk of Leakage, 6)Risk of Clash and Breakage,
7)Risk of Odor, 8)Heating and Sweating Risk, 9)Hook Damage, 10)Risk of Rust, 11)Breakage of Packing Damage
5. What are the main expenses involved in ocean marine insurance? How to define them? Marine cargo insurance also covers the expenses incurred to avoid or reduce the damage to or loss of the subject matter insured. There are mainly two types of expenses. One is Sue and labor expense, the other is salvage charges.
Sue and labor expense are extraordinary expenses made in a time of peril by the insured to act to avert, or minimize any loss of or damage to the subject matter insured. Salvage charges are
expenses resulting from measures properly taken by a third party other than the insured, his agent, or any person employed by them to preserve maritime property from peril at sea.
6. What documents are needed when an insurance claim is made?
·Original insurance policy or insurance certificate
·Originalbillofladingoro；·Commercialinvoice；·Packinglist；·CertificateofLoss(Surve；·Thelandingaccountorweig；·Anycorrespondencewithth；·Master’sprotest.；Chapter7；1.AfterBankXadvisedex
·Original bill of lading or other transport document
·Commercial invoice
·Packing list
·Certificate of Loss(Survey)
·The landing account or weight notes(notes on weight) at destination
·Any correspondence with the carrier or any other party who could be responsible for the loss or damage
Master’s protest.
Chapter 7
1. After Bank X advised exporter Y of the L/C, the shipment was made. When the cargo was on the way, the importer filed for bankruptcy. Is Y out luck of collecting the payment? Can the opening bank refuse to make reimbursement to the negotiating bank? Why or why not? No, exporter Y does not need to worry about the payment. Because the payment is by L/C, the issuing bank is responsible for making payment regardless of the importer’s situation. But the condition is that exporter Y can fulfill all the requirements listed on the L/C. According to UCP600, a credit constitutes a definite undertaking of the opening bank to pay or to pay at maturity in case of acceptance. Therefore once the stipulated documents are presented to the opening bank and the terms and conditions of the credit are complied with, the opening bank cannot refuse to make reimbursement to the negotiating bank.
2. An L/C does not indicate whether it is revocable or not. Is it revocable? Can a revocable credit be transferable?
According to UCP600, if an L/C does not indicate whether it is irrevocable or not, it will be
considered as irrevocable. And a transferable L/C must be irrevocable.
3. After a gullible importer paid Bank C against the seemingly correct shipping documents, he went to take the delivery, but found out that the goods were inferior counterfeits. Is Bank C liable under UCP600? Can the importer do anything in order to recover the loss?
Bank C is not liable in this case because UCP600 stipulates that in credit operations all parties concerned deal with documents, and not with goods, services and/or other performances to which the documents may relate. In order to recover the loss, the importer should rely on the sales contract and seek for solution.
4. An exporter, Wu Co., received an L/C issued by Bank B and confirmed by Bank K. After Wu shipped the goods, Bank B declared bankruptcy. Will Wu have sleepless nights?
No, Wu Co. Does not need to worry about the payment. When the L/C is confirmed, the confirming bank holds the same definite undertaking as the issuing bank to pay or to pay at maturity in case of acceptance.
5. Does a payment credit differ from a sight credit?
A payment credit could be settled by sight payment or deferred payment. In both cases, a draft drawn on the issuing bank may not be necessary. While when a sight credit is used, payment would be made immediately against a sight draft and required commercial documents.
6. Are the following credits transferable? (A)This L/C assignable; (B)This L/C is transmissible;
(C)This L/C is fractionable; (D)This L/C is divisible.
According to UCP600, a credit can be transferred only if it is expressly designated as
“transferable” by the issuing bank. Terms such as “divisible”, “fractionable”, “assignable”, and “transmissible” do not render the Credit transferable.
7. Under an anticipatory credit, the exporter made an advance, but disappeared without presenting the documents as required. Who is liable for repayment of the advance?
The special clause is required by the applicant, as a result he has to make repayment of the advances if the beneficiary fails to present documents for settlement.
8. Why a back-to-back credit is needed? Give an example.
A back-to-back credit is normally used by middleperson for the protection of his interest. For
example, agent A received a documentary credit from the end buyer B, A can use this credit as a backup to apply for the opening of a new credit in favor of the end supplier C. By doing so A can be sure that neither B nor C would know each other, therefore well protecting A’s business
confidentiality.
9. What is the difference between a back-to-back credit and a transferable credit?
When a back-to-back credit is used, there actually involve two credits. When a transferable credit is used, operation is based on only one credit.
Calculation
Chapter 5
1. The price quoted by an exporter was “USD38 per case FOB Liverpool”. The importer requested a revised CFR Liverpool price. If the size of each case was 50cm*40cm*30cm, gross weight per case was 40kg, freight basis was W/M and the quotation for London is USD100 per ton of carriage, plus 20% bunker adjustment factor (BAF) and 10% currency adjustment factor (CAF), what would be the CFR price?
W=40kg=0.04M/T M=50cm*40cm*30cm=0.5*0.4*0.3=0.06cm3 M>W
M will be used as freight basis for freight calculation.
Freight per case=M*basic freight*( 1+BAF rate)=0.06*100*(1+20%)=USD 7.2
Total freight per case=7.2*(1+10%)=USD 7.92
CFR=FOB+Freight=38+7.92=USD 45.92
The CFR price would be USD 45.92 per case CFR Liverpool
2. There is one consignment of 10 cartons of leather shoes, measurement of each carton is 50*50*50cm, gross weight of each is 15KG. The air freight are quoted for the flight required is USD1.3KG. How much air freight should be paid to the carrier?
W=15kg M= (50*50*50)/6000=20.83kg M>W
Freight=USD 1.3/kg*20.83*10 cartons=USD 270.79
The air freight is USD 270.79
3. Suppose: Company A exports 1000 cases of Commodity Y to London. The volume per case is 40cm x 30cm x 20cm, and the gross weight is 30kg per case. For Commodity Y, the freight rate basis is W/M, and the Freight Tariff (China —London) is USD230, with a 10% port surcharge. How much is the total freight?
Total weight: 0.03 M/T*1000 cases=30M/T Total measurement: 0.4x0.3x0.2*1000
cases=24M3
W > M, “W” is the freight basis
Total Freight=Total weight× Basic Freight Rate×(1+ Surcharge)=30×230×(1+10%)= USD 7590 The total freight cost is USD7590.
4. Company A wants to send one consignment to Sydney, Australia. The goods are packed in 50 cartons, each weighing 15kgs, with measurement as 50 x 40 x 30cm. The air freight rate is quoted at USD2.00/KG (W/M). How much would the total air freight cost?
W: 15 kg M: (50x40x30)/6000=10kg W> M, so W will be adopted for the calculation of air
freight
Air freight=Total Quantity× Basic Freight Rate=50 cartons×15kg×USD2.00/kg =USD 1500
The total air freight cost is USD 1500.
5. Suppose the working period at Port X is 8 hours a day and 7 days in a week. If there are four rainy hours unable for loading and unloading in a week, how many standard days are there under the above three methods of stipulation for lay time respectively?
Days or Running Days or Consecutive Days=7 days 1 Weather Working Days of 24 Hours=8*7- 4(rainy hours)=52 hours=2 days 6
5 Weather Working Days of 24 Consecutive Hours=7*24-4=164 hours=6 days 6
Chapter 6
11. A Chinese company offered to a British counterpart at USD500 per case FOB Shanghai. The British importer asked the exporter to offer a CIF price. Suppose the freight is USD 50 per case and premium rate is 0.6%, what would the new offer be?
CIF=(FOB+F)/(1-110%*R)=(500+50)/(1-110%*0.5%)=USD 533
The new offer is USD 533 per case CIF Shanghai.
12. Company A transacted with Company B, exporting frozen food under CIF. The total amount of the invoice value was USD 10 000. The premium rate was 0.4% and the goods were insured for FPA with a markup of 10%. Please calculate the insurance amount and insurance premium respectively?
Insurance amount=CIF*(1+markup rate)=10 000*110%=USD 1100
Insurance premium=CIF insurance amount*insurance rate=1100*0.4%=USD 44
The insurance amount and insurance premium are USD 1100 and USD 44 respectively.
13. Our exporting company offered light industrial products to a British importer at GBP10 000 per metric ton CIF London (insurance for All Risks with 10% markup and 1% premium rate). However, the importer intended to effect insurance by himself, as a result, he count-offered CFR price. What is the CFR price? How much premium should the exporter need to deduct from the CIF price?
CFR=CIF*(1-110%*R)=10 000*(1-110%*1%)=GBP 9890
Insurance premium=CIF-CFR=10 000-9890=GBP 110
The CFR price is GBP 9890 per metric ton CFR London and the exporter need to deduct
GBP 110 from the CIF price as the premium.
14. Suppose a cargo vessel loaded with cargo of Party A and Party B stranded in transit. To save the vessel as well as the goods on it, the master ordered to throw 1000 cases of goods to the sea. The value of the goods thrown overboard for Party A is 20% of his goods (the total value of his goods is CNY20000) and that for Party B is 10% of his goods (the total value of his goods is CNY60000). Extra wages for the seamen to perform the act amounted to CNY5000. The value of the vessel is about CNY5000000. Based on the information above what is the G.A. contribution for each party involved?
Total GA loss=20000x20%+60000x10%+5000=CNY 15000
Total GA contributory value=20 000x 80%+ 60 000x90%+5 000 000+15 000= CNY 5 080
000
GA percentage = (Total GA loss / GA Total Benefit) x 100%=(15 000/5 080
000)x100%=0.295%
GA Contribution by Party A=20 000 x 0.295% = CNY 59
GA Contribution by Party B=60 000 x 0.295% = CNY 177
GA Contribution by the Carrier=5 000 000x0.295% =CNY 14750
15. Suppose the CIF invoice value is USD50 000 and goods are insured against All Risks and War Risks with premium rate to be 0.5% and 0.05% respectively. If markup rate is 10%, the insurance premium will be:
Insurance Premium (I)=50 000*(1+10%)*(0.5%+0.05%)=55 000*0.0055=USD 302.5
Case
Chapter 5
1. ABC Co. signed a contract to export 200 M/T of beans. The letter of credit stipulated, “Partial shipment not allowed”. When the shipment was being made, the exporter loaded 100 M/T each on board the same vessel for the same voyage at the port of Shanghai and the port of Dalian. The shipment document was clearly marked with the ports of shipment and the dates of shipment. Did the exporter violate the terms of the L/C?
析:No, 卖方没有违反信用证“不允许装船” 的规定。答题切入点：对转船的定义和相关规定的理解。UCP600 Article 31, “…transportation documents, which appear on their face to indicate that shipment commencing on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering a partial shipment, even if they indicate different dates of shipment or different ports of loading, places of taking in charge or dispatch.”
2. Dee co. signed a large export contract stipulating, “shipment will be made during August of 2008”. But due to the problems with the vessel, the shipment was not made until September
13. Upon Dee?s request, the carrier ante-dated the B/L to August 31.
(1) What could be the consequence of ante-dating?
(2) What would be the right thing to do in case of a possible shipment delay?
析:(1)倒签提单是一种严重的合谋欺诈行为，托运人和承运人都可能被追究法律责任，如使收货人蒙受损失，还会被追讨赔偿。Changing the date of shipment on B/L is a forgery. Both the seller and carrier are liable. In the worst case, the vessel and goods could be impounded. Because
according to UCP 600, the B/L shall be presented within 21 days after issuance, unless otherwise stipulated in the credit.
(2)与买方磋商，寻求双方都能接受的解决办法。1）延期信用证的有效期和船期，2）买方同意向银行（开证行）和卖方开出保函，保证接受签发日期迟于信用证规定日期的提单。Honesty is the best policy. The seller should contact the buyer immediately about remedy measures. Even if the buyer does not cooperate, the penalty for the shipment delay is not likely to be largely.
3. A Chinese exporter signed a CIF contract with a foreign importer. Payment was to be made by irrevocable sight L/C. ……Finally the exporter accepted the claim and made compensation as requested, as he thought that he, as the person booking the vessel, should be liable for the carrier?s unauthorized transshipment.
(1) Do you think the settlement of this case appropriate?
(2) Who should bear the loss? Why?
(3) Who should be liable for the damage? Why?
(4) What should the seller do?
析:本题的解题要点：a. 信用证规定不允许转船； b. 卖方与承运人签订的运输合同是要求直达船运输的，有直达提单为证； c. 承运人中途卸货转船是其单方面的违约行为。
（1）答案：No。 卖方不应赔偿买方的损失。
答题切入点： a. CIF的性质和卖方的责任 b. 中途卸货转船的责任人。
（2）答案：买方自己而不应由卖方承担损失。
答题切入点：贸易术语CIF风险的转移。
（3）答案：承运人应对货损负责。
答题切入点：a. Direct B/L的含义 b. 造成货损的直接原因及其责任方。
（4）答案：卖方可建议并协助买方直接向承运人交涉并索赔。
答题切入点：卖方不是货损的责任人。
Chapter 6
1. X Company signed a CIF contract to export candies. The cargo was insured for “all risks”. Due to the long voyage, candies absorbedsweating in the ship?s hold, and thus softened and degraded. Was the insurance company liable for the damage? Why or why not?
析:NO. “due to … Degraded”,这说明candies变软的原因在于长时间海上运输，吸收了船舱的热气所
致。保险公司不应给予赔偿的原因有三：a. 在货物运输保险中没有”长时间运输”这一风险。b. Candy变软是由于其本身的货物特性决定的，糖果即使在常温下摆放一段时间都会变软，因此可认为是糖果的内在瑕疵(inherent vice)所导致的。c.虽然一般附加险中包含了”heating and sweating”这一险种，但此险种是指由于某种意外的原因（如船上的制冷设备坏了）导致船舱内温度、湿度突然变化， 造成货物品质变化的情况下，本案例不属于此情况。This is inherent vice, is exclusions of the insurance company. Heating and Sweating Risk: Under this coverage is the risk of loss of or damage to the goods by sweating and heating as a result of the sudden change of temperature or the ventilation on the vessel being out of order. All Risks shall in no case be deemed to extend to cover loss, damage or expense caused by heating and sweating.
2. A cargo was insured for “all risks”. On a night voyage, the ship had to sail without lights due to air attacks. As a result, it collided with another ship and sank. Was the loss covered by the insurance policy? Why or why not?
析:YES. 货物损失的是船只相撞造成的，失事船只只在夜间熄灯航线是为了躲避空袭，但空袭对船只并
没有造成事实上的损失，因此不能在近因原则框架内分析。本批货物只投保了AllRisks, 其中包括了船只相撞(collision)这种风险，因此，保险公司应该赔付。This belongs to fortuitous accident, so it belongs to FPA. All Risks means that the insurer shall undertake the liabilities under FPA and WPA.
3. An exporter signed an FOB contract with a French company and a CIF contract with a British Company. Both cargoes were insured for marine cargo insurance. But in transit from the exporter?s factory to the port of shipment, the goods were damaged. Under each deal, who should obtain insurance? Who should take the loss?
析:1）FOB下，进口商法国公司投保，CIF下出口商投保。因为FOB下，风险在船舷转移，买方承担
主要航程的风险，因此通常是买方去投保，但在CIF下，卖方有购买保险的责任，卖方是投保人。
2）FOB下，出口商承担损失，CIF下出口商承担损失，但如果风险在承保范围内，出口商可以向保险公司索赔。两种术语下，风险转移都是在船舷，受损发生在之前，卖方是受损方，因此卖方提起索赔，但索赔要满足三个条件：如果投保人或受益人投了保，且风险在承保范围内，又对受损货物有可保利益the Interest Principle，同时又能满足仓至仓条款W/W Clause，索赔人就可以向保险公司索赔。
4. On a voyage the cargo ship had an accidental fire. To save the ship, the captain ordered to have water poured into the compartment. The fire was put out.
7. For party X,…10% of USD 0.5 million cargo.
8. For party Y,…20% of USD 1 million cargo.
9. For the carrier,…10% of USD 50 million ship
10. Extra wages for the seamen totaled USD50 000.
Based on the information above, indicate
1) Which is PA?
2) Which is GA?
3) What is the GA contribution for each party?
析:1) party X, Carrier. 2) party Y, Extra wages.
3) Total GA loss=1*20%+0.05=0.25 million
Total GA contributory value=1+0.5*90%+ 50*90%=46.45 million
GA percentage=(0.25/46.45)*100%=0.54%
GA contributory by party X=0.5*90%*0.54%=USD 2430
GA contributory by party Y=1 000 000*0.54%=USD 5400
GA contributory by carrier=50*90%*0.54%=USD 243 000
11. An importer signed an FOB contract with an Australian company, importing a batch of woolen blanket.…WPA and War Risks…4 cm in diameter…Comment on this case and work out the solution.
析:1）卖方的损失？本案例中卖方已经按合同和术语要求完成了交货，货物受损是在风险转移之后，因此损失应该有买方负责。2）保险公司负责理赔？案例中”the exporter suggested the importer lodge a claim against the insurer for compensation”一说不正确。进口商虽然投保了WPA和战争险，但损失是由于集装箱的问题造成的，属于第三方的责任，买方没有理由向保险公司索赔。3）谁是第三责任方？货物受损是由于承运人提供的集装箱出问题而导致的，因此承运人应该负担责任，买方应该向承运人索赔。
Chapter 7
6. On September 1, X Company signed a contract to export goods to the US. On September 30, City Bank sent an irrevocable L/C with an amount of USD30,000. The L/C stipulated shipment during October, and Bank of Tokyo to be the reimbursing bank. On October 2, Bank of China advised X of the L/C. But ten days later, X learnt that the import was near bankruptcy. How should X deal with the situation?
析: a案例中X公司收到的是一份不可撤销的信用证（an irrevocable L／C），说明X 公司在满足信用证所列条件的情况下，可以直接从开证行或开证行指定银行获得货款，而 不需考虑进口商的状况。
b在这种情况下，X公司在做决策时，需要考虑的一是；答题切入点：a信用证支付情况下各方的关系；bX公；7.F,astate-ownedenterpri；InApril5,…OnApril14,thei；document”，这里说明开证行尽管知道货不对；(a)答案：Yes；答题切入点：UCP600对开证行责任的规定；(b)答题切入点：在分析所吸取教训的时候，要分b在这种情况下，X 公司在做决策时，需要考虑的一是自身完 成信用证所列条件的能力，二是与进口商的合作问题。
答题切入点：a信用证支付情况下各方的关系；b X 公司可选择的做法及注意事项。
7. F, a state-owned enterprise, signed a contract to import 1000 M/T of galvanized steel sheets from a H.K. company. On March 1, a Shanghai bank issued the L/C for USD200,000. On March 24,…On March 25…On March 26…On March 30…The issuing bank was immediately notified of the fraud,…
In April 5,…On April 14, the issuing bank requested the HK bank to exercise the right of recourse.(a) Would there be any problem with the recourse? (b) What were the lessons? 析:A.在3月30日进口方发现货不对板，通知开证行时开证行“could not refuse to take up the
document”，这里说明开证行尽管知道货不对板，但如果它认为议付行所提交的单证与信用证相符，开证行必须依照信用证规定的义务行事，即对议付行进行偿付。因为，在信用证的运作下，各方只凭单据操作，而不涉及实际的货物。 B.4月5日进口商发现单据有不符点，可以想象的结果就是进口商拒绝赎单付款。 此时开证行已向议付行支付了货款，而又遭到进口商以正当理由拒绝赎单付款，它是遭受损失的一方，因此会向议付行提出行使追索权。 C 但根据UCP600 开证行进行的议付是“无追索权的议付”。
(a)答案：Yes。
答题切入点：UCP600 对开证行责任的规定。
(b)答题切入点：在分析所吸取教训的时候，要分步进行。 a首先要分析在这起事件中哪几方遭受损
失；b然后进一步说明各方遭受损失的原因；c最后提出预防类似情况 出现的方法。
8. FF Company signed a contract to export goods to AA company in Africa. In September FF was notified of the L/C, but the money of account was different from that required by the sales contract.…The next day, AA cabled back, “L/C amended.”…At this time, AA requested DP-TR. Should FF accept it? Is there any lesson to be learnt from this case?
析:案例中AA 公司要求的DP-TR 是指付款交单凭信托收据接单的做法。 这种支付方式是对过去的远
期付款交单的一种折中办法。 过去有贸易商采用远期付款交单，但这种方法并不能够给进口商提供所需的融资时间，因为在等待远期汇票到期的这段时间，进口商不能把单据从银行拿出来，以便销售，回笼资金。 DP-TR 是托收的委托人或代收行允许进口商使用一张信托收据来把提单等单据借出去，进行销售并在汇票到期日把货款还上。 如果允许使用DP-TR，则委托人或代收行要承担进口商借单不还款的风险。
答题切入点：a 解释DP-TR 的应用特点；b 对AA 的过往行为进行判断，对其要求DP-TR 的目的进行分析；c FF 如果同意采用DP-TR 可能出现的后果；d FF 是受损一方，分析其在不同阶段所犯的错误及预防错误的方法。
9. A Chinese bank issued standby L/Cs totaling millions of US dollars, in favor of an US company. These were irrevocable, transferable standby L/Cs valid for one year.…”It has no obligation to repay principal and interest, and bears no responsibility, economic or legal, for the funds.” Was there any risk for the bank?
析:A 本案例中各方的关系可能是：某中国公司要某美国公司投资某项目，作为完成项目的担保，向银
行申请开出一份备用信用证，受益方是美国公司。 中国公司在申请信用证的时候可能游说银行，使其相信这只是帮助吸引外资的一个文件，该公司会承担完成项目的责任，而美国公司则负责出资，所以银行不会承担任何风险。 中方银行在对备用信用证没有了解的情况下同意该操作。 B 备用信用证尽管是一种特殊的信用证，它为申请人提供担保，在申请人未能完成所规定义务的情况下向受益人支付约定的款项；但它的本质还是一份信用证，即在符合条件的情况下开证行对受益人承诺付款义务。 C 案例中的开证行对备用信用证了解不透，误解了它所应承担的责任，因此也忽略了它可能承担的风险：当中国公司不能履行其义务时，开证行是要向美国公司支付相应款项的。
答案：Yes。 答题切入点：a备用信用证的特点；b信用证使用中开证行的义务；c案例中如果申请人不能履行义务，开证行的责任。
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