实施跟单信用证“欺诈例外”的条件

Conditions of Enforcing “Fraudulent Exceptions” in Documentary Credits

本文就当前国际经济贸易中信用证支付方式出现的欺诈风险 ,阐述了防范措施——“欺诈例外”的适用条件 ,指出银行应如何适用“欺诈例外”。首先 ,银行有权主动启用“欺诈例外”,而法院不能主动运用“欺诈例外”;其次 ,卖方已经接受开证行开立的跟单信用证 ;再则 ,卖方已向银行提示不符信用证条款的单据 ;最后 ,“欺诈例外”

In the light of the fraudulent risk occurring in the modes of payment in letter of credit in the current international economic trade, the author expounds the preventative measures——the applicable conditions of “Fraudulent Exceptions”, and points out how the bank should apply “Fraudulent Exceptions”. First, the bank is vested with authority to start using “Fraudulent Exceptions” actively while the court cannot utilize “Fraudulent Exceptions” initially. What is more, the selling party has accepted the documentary credits established by the opening bank. Furthermore, the selling party has already presented to the bank the documents which are not in agreement with the terms of letter of credit. Finally, “Fraudulent Exceptions” have to be applied on condition that there is adequate evidence to prove that the person concerned does have the fraud act.