Статья 23«Унифицированные Правила по инкассо» [рус., англ.]

Во всех случаях, когда в прямо выраженных условиях инкассового поручения или в силу настоящих Правил издержки и/или расходы и/или комиссия по инкассо должны быть возложены на доверителя, инкассирующий банк(и) вправе быстро получить возмещение затрат в отношении издержек, расходов и комиссии от банка, от которого было получено инкассовое поручение, а банк — ремитент вправе быстро получить возмещение от доверителя любой суммы, выплаченной им таким образом, вместе со всеми своими издержками, расходами и комиссией, независимо от результата инкассирования.

(Revision 1978)

A) These provisions and definitions and the following articles apply to all collections as defined in (B) below and are binding upon all parties thereto unless otherwise expressly agreed or unless contrary to the provisions of a national, state or local law and/or regulation which cannot be departed from.

B) For the purpose of such provisions, definitions and articles:

1. (I) «Collection» means the handling by banks, on instructions received, of documents as defined in (II) below, in order to

(a) obtain acceptance and/or, as the case may be, payment, or

(b) deliver commercial documents against acceptance and/or, as the case may be, against payment, or

(c) deliver documents on other terms and conditions.

(II) «Documents» means financial documents and/or commercial documents

(a) «financial documents» means bills of exchange, promissory notes, cheques, payment receipts or other similar instruments used for obtaining the payment of money;

(b) «commercial documents» means invoices, shipping documents, documents of title or other similar documents, or any other documents whatsoever, not being financial documents.

(III) «Clean collection» means collection of financial documents not accompanied by commercial documents.

(IV) «Documentary Collection» means collection of

(a) financial documents accompanied by commercial documents;

(b) commercial documents not accompanied by financial documents.

2. The «parties thereto» are: -

(I) the «principal» who is the customer entrusting the operation of collection to his bank;

(II) the «remitting bank» which is the bank to which the principal has entrusted the operation of collection;

(III) the «collecting bank» which is any bank, other than the remitting bank, involved in processing the collection order;

(IV) the «presenting bank» which is the collecting bank making presentation to the drawee.

3. The «drawee» is the one to whom presentation is to be made according to the collection order.

C) All documents sent for collection must be accompanied by a collection order giving complete and precise instructions. Banks are only permitted to act upon the instructions given in such collection order, and in accordance with these rules. If any bank cannot, for any reason, comply with the instructions given in the collection order received by it, it must immediately advise the party from whom it received the collection order.

Banks will act in good faith and exercise reasonable care.

Banks must verify that the documents received appear to be as listed in the collection order and must immediately advise the party from whom the collection order was received of any documents missing.

Banks have no further obligation to examine the documents.

For the purpose of giving effect to the instructions of the principal, the remitting bank will utilise as the collecting bank:

(I) the collecting bank nominated by the principal, or, in the absence of such nomination,

(II) any bank, of its own or another bank's choice, in the country of payment or acceptance, as the case may be.

The documents and the collection order may be sent to the collecting bank directly or through another bank as intermediary.

Banks utilising the services of other banks for the purpose of giving effect to the instructions of the principal do so for the account of and at the risk of the latter.

The principal shall be bound by and liable to indemnify the banks against all obligations and responsibilities imposed by foreign laws or usages.

Banks concerned with a collection assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any messages, letters or documents, or for delay, mutilation or other errors arising in the transmission of cables, telegrams, telex, or communication by electronic systems, or for errors in translation or interpretation of technical terms.

Banks concerned with a collection assume no liability or responsibility for consequences arising out of the interruption of their business by Acts of God, riots, civil commotions, insurrections, wars, or any other couses beyond their control or by any strikes or lockouts.

Goods should not be dispatched direct to the address of a bank or consigned to a bank without prior agreement on the part of that bank.

In the event of goods being dispatched direct to the address of a bank or consigned to a bank for delivery to a drawee against payment or acceptance or upon other terms without prior agreement on the part of that bank, the bank has no obligation to take delivery of the goods, which remain at the risk and responsibility of the party dispatching the goods.

Documents are to be presented to the drawee in the form in which they are received, except that remitting and collecting banks are authorized to affix any necessary stamps, at the expense of the principal unless otherwise instructed, and to make any necessary endorsements or place any rubber stamps or other identifying marks or sumbols customary to or required for the collection operation.

Collection orders should bear the complete address of the drawee or of the domicile at which presentation is to be made. If the address is incomplete or incorrect, the collecting bank may, without obligation and responsibility on its part, endeavour to ascertain the proper address.

In the case of documents payable at sight the presenting bank must make presentation for payment without delay.

In the case of documents payable at a tenor other than sight the presenting bank must, where acceptance is called for, make presentation for acceptance without delay, and where payment is called for, make presentation for payment not later than the appropriate maturity date.

In respect of a documentary collection including a bill of exchange payable at a future date, the collection order should state whether the commercial documents are to be released to the drawee against acceptance (D/A) or against payment (D/P).

In the absence of such statement, the commercial documents will be released only against payment.

In the case of documents payable in the currency of the country of payment (local currency), the presenting bank must, unless otherwise instructed in the collection order, only release the documents to the drawee against payment in local currency which is immediately available for disposal in the manner specified in the collection order.

In the case of documents payable in a currency other than that of the country of payment (foreign currency) the presenting bank must, unless otherwise instructed in the collection order, only release the documents to the drawee against payment in the relative foreign currency which can immediately be remitted in accordance with the instructions given in the collection order.

In respect of clean collections partial payments may be accepted if and to the extent to which and on the conditions on which partial payments are authorized by the law in force in the place of payment. The documents will only be released to the drawee when full payment thereof has been received.

In respect of documentary collections partial payments will only be accepted if specifically authorized in the collection order. However, unless otherwise instructed, the presenting bank will only release the documents to the drawee after full payment has been received.

In all cases partial payments will only be accepted subject to compliance with the provisions of either Article 11 or Article 12 as appropriate.

Partial payment, if accepted, will be dealt with in accordance with the provisions of Article 14.

Amounts collected (less charges and/or disbursements and/or expenses where applicable) must be made available without delay to the bank from which the collection order was received in accordance with the instructions contained in the collection order.

The presenting bank is responsible for seeing that the form of the acceptance of a bill of exchange appears to be complete and correct, but is not responsible for the genuineness of any signature or for the authority of any signatory to sign the acceptance.

The presenting bank is not responsible for the genuineness of any signature or for the authority of any signatory to sign a promissory note, receipt, or other similar instrument.

The collection order should give specific instructions regarding protest (or other legal process in lieu thereof), in the event of non-acceptance or non-payment.

In the absence of such specific instructions the banks concerned with the collection have no obligation to have the documents protested (or subjected to other legal process in lieu thereof) for non-payment or non-acceptance.

Any charges and/or expenses incurred by banks in connection with such protest or other legal process will be for the account of the principal.

If the principal nominates a representative to act as case-of-need in the event of non-acceptance and/or non-payment the collection order should clearly and fully indicate the powers of such case-of-need.

In the absence of such indication banks will not accept any instructions from the case-of-need.

Banks have no obligation to take any action in respect of the goods to which a documentary collection relates.

Nevertheless in the case that banks take action for the protection of the goods, whether instructed or not, they assume no liability or responsibility with regard to the fate and/or condition of the goods and/or for any acts and/or omissions on the part of any third parties entrusted with the custody and/or protection of the goods. However, collecting bank(s) must immediately advise the bank from which the collection order was received or any such action taken.

Any charges and/or expenses incurred by banks in connection with any action for the protection of the goods will be for the account of the principal.

Collecting banks are to advise fate in accordance with the following rules: -

(I) Form of advice — All advices or information from the collecting bank to the bank from which the collection order was received, must bear appropriate detail including, in all cases, the latter bank's reference number of the collection order.

(II) Method of advice — In the absence of specific instructions the collecting bank must send all advices to the bank from which the collection order was received by quickest mail but, if the collecting bank considers the matter to be urgent, quicker methods, such as cable, telegram, telex, or communication by electronic systems, etc. may be used at the expense of the principal.

(III) (a) Advice of payment — The collecting bank must send without delay advice of payment to the bank from which the collection order was received, detailing the amount or amounts collected, charges and/or disbursements and/or expenses deducted, where appropriate, and method of disposal of the funds.

(b) Advice of acceptance — The collecting bank must send without delay advice of acceptance to the bank from which the collection order was received.

(c) Advice of non-payment or non-acceptance — The collecting bank must send without delay advice of nonpayment or advice of non-acceptance to the bank from which the collection order was received.

The presenting bank should endeavour to ascertain the reasons for such non-payment or non-acceptance and advise accordingly the bank from which the collection order was received.

On receipt of such advice the remitting bank must, within a reasonable time, give appropriate instructions as to the further handling of the documents. If such instructions are not received by the presenting bank within 90 days from its advice of non-payment or non-acceptance, the documents may be returned to the bank from which the collection order was received.

If the collection order includes an instruction to collect interest which is not embodied in the accompanying financial document(s), if any, and the drawee refuses to pay such interest, the presenting bank may deliver the documents against payment or acceptance as the case may be without collecting such interest, unless the collection order expressly states that such interest may not be waived. Where such interest is to be collected the collection order must bear an indication of the rate of interest and the period covered. When payment of interest has been refused the presenting bank must inform the bank from which the collection order was received accordingly.

If the documents include a financial document containing an unconditional and definitive interest clause the interest amount is deemed to form part of the amount of the documents to be collected. Accordingly, the interest amount is payable in addition to the principal amount shown in the financial document and may not be waived unless the collection order so authorises.

If the collection order includes, an instruction that collection charges and/or expenses are to be for account of the drawee and the drawee refuses to pay them, the presenting bank may deliver the document(s) against payment or acceptance as the case may be without collecting charges and/or expenses unless the collection order expressly states that such charges and/or expenses may not be waived. When payment of collection charges and/or expenses has been refused the presenting bank must inform the bank from which the collection order was received accordingly. Whenever collection charges and/or expenses are so waived they will be for the account of the principal, and may be deducted from the proceeds.

Should a collection order specifically prohibit the waiving of collection charges and/or expenses then neither the remitting nor collecting nor presenting bank shall be responsible for any costs or delays resulting from this prohibition.

In all cases where in the express terms of a collection order, or under these Rules, disbursements and/or expenses and/or collection charges are be borne by the principal, the collecting bank(s) shall be entitled promptly to recover outlays in respect of disbursements and expenses and charges from the bank from which the collection order was received and the remitting bank shall have the right promptly to recover from the principal any amount so paid out by it, together with its own disbursements, expenses and charges, regardless of the fate of the collection.

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