eUCP

VERSION 2.0
 Introduction eUCP Version 2.0
On 6th June 2017, the ICC Banking Commission provided a press release
announcing the launch of a Working Group to anticipate and accompany the
digitalisation of trade finance. One core activity was to evaluate existing ICC
rules in order to assess e-compatibility and ensure they are ‘e-compliant’, i.e.
enabling banks to accept data vs. documents. It was identified that this was
required in order to accommodate evolving practices and technologies.

A Drafting Group was established, co-chaired by David Meynell and Gary

Collyer, with the initial aim of reviewing the e-compatibility of existing
ICC rules. As a result of this review, a mandate was received from the ICC
Banking Commission Executive Committee to:
•• Update the existing version 1.1 of eUCP in order to ensure continued
digital compatibility.
•• Draft eURC in order to ensure continued digital compatibility for
presentation of electronic records under Collections.

The eRules have been intentionally developed with version numbers in order
that they can be updated regularly without impacting upon other existing ICC
rules, thereby reducing the time required to develop any potential identified
revision.

The initial drafts of eUCP version 2.0 and eURC version 1.0 were sent to ICC
National Committees (NC’s) on 25th September 2017, with a deadline of
27th November 2017 for response. At the request of a number of ICC NC’s,
based upon a communications issue, it was decided to extend the deadline
to 28th February 2018. Pursuant to feedback on the original drafts, work
commenced on a 2nd draft, which was subsequently distributed to ICC NC’s
on 20th March 2018, with a deadline of 25th May 2018 for response. A 3rd
draft of the rules was sent out on 20th July 2018, providing a deadline of
28th September 2018 for response. The 4th of the rules was disseminated on
6th November 2018, indicating a deadline of 4th January 2019 for feedback.
At that stage, and following a thorough review of all comments received to
date, it was considered to be an appropriate time to draft a final version of
the rules. These were consequently sent to ICC NC’s on 31st January 2019,
specifying that the deadline for voting would be 22nd March 2019. It is worth
commenting that this timeframe was only 16 months after distribution of the
original drafts and included an enforced 3-month extension, as mentioned
above. During the course of the first four drafts, almost 2,000 comments were
received from ICC NC’s. For the purposes of transparency and clarity, every
comment received an individual response. As a valuable reference source,
the ‘ICC Guide to the eUCP’ (ICC Publication No. 639) and the work of the
 ICC Uniform Customs and Practice for Documentary Credits

authors, Professor James E. Byrne and Dan Taylor, has been gratefully
ARTICLE e3
acknowledged.
For the first time in the history of the ICC Banking Commission, a
Definitions
new approach was introduced for the ICC rules voting process, via the
Simply
a. Where Votingtheplatform.
followingThis initiative
terms provided
are used in thean online
UCP voting
, for the system
purposes
to beofused for thethe
applying approval
UCP toofantheelectronic
revised eUCP
recordandpresented
new eURCunderrules.an
eUCP credit, the term:
Each NC was requested to choose one designated representative with
i. appear
the right on vote
to cast the theiron
face
its and theand
behalf likethe
shall apply to
platform wasexamination
opened for
of the data content of an electronic record.
voting from 11th until 22nd March 2019. NC’s were invited to vote on
the revised eUCP and
ii. document newinclude
shall eURC an separately by choosing
electronic record. ‘YES’ or ‘NO’
to the following options:
iii. place for presentation of electronic records means an
•• Does your National Committee approve the Uniform Customs
electronic address.
and Practice for Documentary Credits (UCP 600) Supplement for
iv. sign and the like shall include an electronic signature.
Electronic Presentation (eUCP) Version 2.0?
v. superimposed, notation or stamped means data content
•• Does whose
your National Committee
supplementary approve
character the Uniform
is apparent Rules for
in an electronic
Collections
record.(URC 522) Supplement for Electronic Presentation
b. (eURC)
The following
Version terms
1.0? used in the eUCP shall have the following
meanings:
Voting result:
i. electronic record means
•• Votes received from 49 NC’s, plus one further NC vote after the
votingz deadline had passed.
data created, generated, sent, communicated, received
•• The eUCPorreceived 100%
stored by approvalmeans
electronic with two countries abstaining.
•• The eURC received 97.5% approval (on a weighted basis) with one
z that is capable of being authenticated as to the apparent
county voting ‘no’ and two countries abstaining.
identity of a sender and the apparent source of the data
•• Based upon the above, both sets of rules will come into force from
contained in it, and as to whether it has remained complete
1st July 2019.
and unaltered, and
It was recognised in theofintroduction
z is capable to thefor
being examined initial ICC Guide
compliance to the
with the
eUCP (ICC Publication no. 639) that
terms and conditions the likely
of the eUCP end of the evolution to
credit.
electronic presentations is automated compliance checking systems in
ii. electronic signature means a data process attached to or
the documentary credit field. This is all too apparent when looking at
logically associated with an electronic record and executed or
evolving technology and digital trade finance, with the advent of the
adopted by a person in order to identify that person and to
Internet of Things, Distributed Ledger Technology, Smart Contracts,
© 2019 International Chamber of Commerce

indicate that person’s authentication of the electronic record.

© 2006 International Chamber of Commerce

Artificial Intelligence, and Machine Learning.

iii. format means the data organization in which the electronic
The content of the
record eRules will
is expressed be which
or to continually monitored in order to
it refers.
ensure applicability. The support of trade practitioners will be an
iv. paper
essential elementdocument meansThese
moving forward. a document in a traditional
rules provide paper
many benefits in
form.
advancing the documentary credit in a digital environment and ensuring
the continued relevance of this valuable instrument in mitigating trade
risk.

Existing ICC rules, such as UCP 600 & URC 522, whilst being invaluable

5 38
 ICC Uniform Customs and Practice for Documentary Credits

in a paper world, provide limited protection when applied to electronic

transactions.
v. receivedIt is means
inevitable
thethat
timetraditional trade instruments
when an electronic will, over
record enters
time, inexorably move towards
the information systema mixed
of theecosystem
applicableofrecipient
paper andindigital,
a formand,
ultimately, to electronic
capable records alone.
of being accepted by that system. Any
In this respect, it is important
acknowledgement the market
of receipt does recognise
not implythat the neworrules
acceptance
provide many
refusalbenefits in advancing
of the electronic traditional
record under antrade solutions
eUCP credit.in a digital
environment:

•A• RTICLE
Safeguarding
e4 applicability and guaranteeing relevance in a constantly
evolving digital trade world
•Format
• Extending the mitigation of risk from a paper environment to the
electronic milieu
An eUCP credit must specify the formats in which electronic records
•are
• Explicitly and unambiguously
to be presented. supporting
If the format the usage record
of the electronic of electronic
is notrecords
so
•specified,
• Conformity and congruence as opposed
it may be presented in any format. to divergent local, national and
regional practice
•• Shared understanding of terminologies and objectives
•• Confidence in a set of independent and trusted contractual rules
ARTICLE e5
•• Uniformity, consistency and standardisation in customs and practice
•Presentation
• Enabling and supporting trade finance between regions and countries
regardless of underlying economic and judicial structures
a. An eUCP credit allowing presentation of:
Development
i. electronic of the eRulesmust
records would
statehave been
a place forimpossible
presentationwithout
of the the
ongoing electronic
support of the ICC Banking Commission Secretariat and individual
records.
ICC National Committees. Thank you to all involved, with specific
ii. both electronic
acknowledgement records
to David and paper
Bischof, documents
Olivier must
Paul, and also state
Laura Straube.
a place for presentation of the paper documents.
Particular thanks are given to the eRules Drafting Group, details of which
are
b. provided
Electronic below. I also
records extend
may my gratitude
be presented to my co-chair,
separately Gary
and need notCollyer.
be
Without his input, this work
presented at the same time. would not have proved possible. Last, but far
from least, a reminder that this publication would not be in existence were
c.notIf for
it an eUCP credit allows for
the groundbreaking presentation
initial efforts of of
Jim one or more
Byrne electronic
and Dan Taylor.
records, the beneficiary is responsible for providing a notice to
the bank to which presentation is made signifying when the
Co-chairs
presentation is complete. The notice of completeness may be
David
givenMeynell, TradeLC Advisory
as an electronic record or/ paper
tradefinance.training
document and must identify
GarytheCollyer, Collyer Consulting / tradefinance.training
eUCP credit to which it relates. Presentation is deemed not to
have been made if the beneficiary’s notice is not received.
© 2019 International Chamber of Commerce

Members
© 2006 International Chamber of Commerce

d. i. Each presentation of an electronic record and the presentation

AbhishekofVyas,
paper documents
Associate under
Director, an &
Trade eUCP credit
Supply must
Chain identify
Products, ANZ,
India the eUCP credit under which it is presented.
Ahsanii.Aziz, GM - Head not
A presentation International Compliance,
so identified HabibasBank
may be treated Ltd, Pakistan
not received.
Alexander Zelenov, Advisor, Bank for Development and Foreign Economic
Affairs, Russia
Atif Raza, Head of Trade Sales & Vice-Chair ICC UAE Banking Commission,
Commercial Bank of Dubai, UAE
Christian Cazenove, Global Head of Trade Finance Operations – Global
Transaction Banking & Payment Services, Société Générale, France
Daniel Vignial, Global Head of Trade Products / Trade Finance, Credit
549
 ICC Uniform Customs and Practice for Documentary Credits

Agricole, France
ARTICLE
David e3 Global Trade & International Banking, Corporate &
Pelegrin,
Investment Banking, BBVA, Spain
Definitions
David Thompson, Trade Finance Manager, Shell International Trading
and
a. Shipping
Where the Company
followingLimited,
terms UKare used in the UCP, for the purposes
JavierofArias, Business
applying Development
the UCP Director,
to an electronic Santander,
record Spain under an
presented
K. Nizardeen, COOthe
eUCP credit, FIB, Malaysia / UAE & Vice-Chair ICC UAE Banking
term:
Commission
i. appear
Martina on their
Janschak, Headface of and the like
Trade shall apply
Finance to examination
Advisory – Project
of the data content of an electronic
Management, Siemens Financial Services GmbH, Germany record.
Michael Quinn, Managing
ii. document Director,
shall include Global Trade
an electronic and Loan Products,
record.
JPMorgan, U.S.
Pabloiii. placeGlobal
Nunez, for presentation of electronic
Head of Trade Solutions, records
Santander, means an
Spain
electronic address.
Rita Ricci, Executive Global Trade Advisor – Trade Filière Competence
Centre, BNP Paribas, Canada
iv. sign and the like shall include an electronic signature.
Tanguy Loreau, Head of Commodity Trade Finance Operations, Natixis,
France
v. superimposed, notation or stamped means data content
Tat Yeenwhose
Yap, Head of Productcharacter
supplementary Management Asia, Trade
is apparent in an Services &
electronic
Finance, record.
Société Générale, Singapore
Yun
b. TheFei Liu, Deputyterms
following General Manager
used of Global
in the eUCP shallTrade
haveServices Dept.,
the following
Bankmeanings:
of China, China

i. electronic record means

David Meynell
z data created, generated, sent, communicated, received
ICC Banking Commission Senior Technical Advisor & Owner
or stored by electronic means
TradeLC Advisory
z that is capable of being authenticated as to the apparent
May 2019 identity of a sender and the apparent source of the data
contained in it, and as to whether it has remained complete
and unaltered, and
z is capable of being examined for compliance with the
terms and conditions of the eUCP credit.
ii. electronic signature means a data process attached to or
logically associated with an electronic record and executed or
adopted by a person in order to identify that person and to
© 2019 International Chamber of Commerce

indicate that person’s authentication of the electronic record.

© 2006 International Chamber of Commerce

iii. format means the data organization in which the electronic

record is expressed or to which it refers.
iv. paper document means a document in a traditional paper
form.

5 58
 ICC Uniform Customs and Practice for Documentary Credits

UNIFORM CUSTOMS AND PRACTICE FOR

ARTICLE e3
DOCUMENTARY CREDITS FOR ELECTRONIC
PRESENTATION
Definitions (EUCP) VERSION 2.0
a. Where the following
Preliminary Considerations
terms are used in the UCP, for the purposes
of applying the UCP to an electronic record presented under an
The mode
eUCP of presentation
credit, the term:to the nominated bank, confirming bank, if
any, or the issuing bank, by or on behalf of the beneficiary, of electronic
i. alone
records appearor on their face and
in combination thepaper
with like shall apply toisexamination
documents, outside the
of the
scope of the data content of an electronic record.
eUCP.
ii. document shall include an electronic record.
The mode of presentation to the applicant, by the issuing bank, of
electronic records
iii. place foralone or in combination
presentation with paper
of electronic documents,
records means anis
outside the scope ofaddress.
electronic the eUCP.
iv. sign and the like shall include an electronic signature.
Where not defined or modified in the eUCP, definitions given in UCP
600 will
v. continue to apply.notation or stamped means data content
superimposed,
whose supplementary character is apparent in an electronic
Before agreeing
record. to issue, advise, confirm, amend or transfer an eUCP
credit, banks should satisfy themselves that they can examine the
b. The following terms used in the eUCP shall have the following
required electronic records in a presentation made thereunder.
meanings:
i. electronic record means
z data created, generated, sent, communicated, received
or stored by electronic means
z that is capable of being authenticated as to the apparent
identity of a sender and the apparent source of the data
contained in it, and as to whether it has remained complete
and unaltered, and
z is capable of being examined for compliance with the
terms and conditions of the eUCP credit.
ii. electronic signature means a data process attached to or
logically associated with an electronic record and executed or
adopted by a person in order to identify that person and to
© 2019 International Chamber of Commerce

indicate that person’s authentication of the electronic record.

© 2006 International Chamber of Commerce

iii. format means the data organization in which the electronic

record is expressed or to which it refers.
iv. paper document means a document in a traditional paper
form.

568
 ICC Uniform Customs and Practice for Documentary Credits

ARTICLE e1
Scope of the Uniform Customs and Practice for
Documentary Credits (UCP 600) Supplement for
Electronic
ARTICLE e1 Presentations (“eUCP”)
a. The eUCP supplements the Uniform Customs and Practice for
Scope of the eUCP
Documentary Credits (2007 Revision, ICC Publication No. 600)
a. (“UCP”)
The Supplement
in order totoaccommodate
the Uniformpresentation
Customs and Practice records
of electronic for
Documentary
alone Creditswith
or in combination for paper
Electronic
documents.Presentation (“eUCP”)
supplements the Uniform Customs and Practice for Documentary
b. The eUCP
Credits shallRevision
(2007 apply where the credit indicates
ICC Publication No. 600)that it is subject
(“UCP”) to the
in order
eUCP (“eUCP credit”).
to accommodate presentation of electronic records alone or in
combination with paper documents.
c. This version is Version 2.0. An eUCP credit must indicate the applicable
b. version
The eUCP shall
of the apply If
eUCP. asnota supplement
indicated, ittoisthe UCP where
subject to the the credit
latest version
indicates
in effect onthat
theitdate
is subject
the eUCP to eUCP.
credit is issued or, if made subject to the
c. eUCP by an amendment
This version accepted
is Version 1.1. A creditbymust
the beneficiary,
indicate thethe date of that
applicable
amendment.
version of the eUCP. If it does not do so, it is subject to the version
in effect
d. An eUCPon the date
credit mustthe creditthe
indicate is issued or, location
physical if made subject to eUCP
of the issuing bank.
by an amendment accepted by the beneficiary, on the date of that
In addition, it must also indicate the physical location of any nominated
amendment.
bank and, if different to the nominated bank, the physical location of the
confirming bank, if any, when such location is known to the issuing bank
at the time of issuance. If the physical location of any nominated bank
ARTICLE
and/or e2confirming bank is not indicated in the credit, such bank must
indicate
Relationship its physical location
of the eUCPto thetobeneficiary
the UCP no later than the time of
advising or confirming the credit or, in the case of a credit available with
a. A credit subject to the eUCP (“eUCP credit”) is also subject to the
any bank, and where another bank willing to act on the nomination to
UCP without express incorporation of the UCP.
honour or negotiate is not the advising or confirming bank, at the time
b. ofWhere
agreeing
theto act on
eUCP its nomination.
applies, its provisions shall prevail to the extent
that they would produce a result different from the application of
the UCP.
ARTICLE e2
c. If an eUCP credit allows the beneficiary to choose between
Relationship
presentation of of the
paper eUCP to theorUCP
documents electronic records and it
chooses to present only paper documents, the UCP alone shall
a. An eUCP credit is also subject to the UCP without express incorporation
© 2019 International Chamber of Commerce

apply to that presentation. If only paper documents are permitted

© 2006 International Chamber of Commerce

of the UCP.
under an eUCP credit, the UCP alone shall apply.
b. Where the eUCP applies, its provisions shall prevail to the extent that
they would produce a result different from the application of the UCP.
c. If an eUCP credit allows the beneficiary to choose between presentation
of paper documents or electronic records and it chooses to present only
paper documents, the UCP alone shall apply to that presentation. If only
paper documents are permitted under an eUCP credit, the UCP alone
shall apply.

577
 ICC Uniform Customs and Practice for Documentary Credits

ARTICLE e3
ARTICLE e3
Definitions
Definitions
a. Where the following terms are used in the UCP, for the purpose of
a. applying
Where the the following
UCP to anterms are used
electronic in the
record UCP, for
presented the purposes
under an eUCP
of applying
credit, the term: the UCP to an electronic record presented under an
eUCP credit, the term:
i. Appear on their face and the like shall apply to examination of
i. appear on their face and the like shall apply to examination
the data content of an electronic record.
of the data content of an electronic record.
ii. Document shall include an electronic record.
ii. document shall include an electronic record.
iii. Place for presentation of an electronic record means an
iii. place for presentation of electronic records means an
electronic address of a data processing system.
electronic address.
iv. Presenter means the beneficiary, or any party acting on behalf of
iv. sign and the like shall include an electronic signature.
the beneficiary who makes a presentation to a nominated bank,
v. confirming
superimposed,bank, ifnotation thestamped
any, or toor means
issuing bank data content
directly.
whose supplementary character is apparent in an electronic
v. Sign and the like shall include an electronic signature.
record.
b. The uperimposed,
vi. S
following terms notation stamped
used inorthe eUCPmeans data content
shall have whose
the following
supplementary character is apparent in an electronic record.
meanings:
b. The
i. following
electronicterms used
record in the eUCP shall have the following
means
meaning:
z data created, generated, sent, communicated, received
i. Data or
corruption means anymeans
stored by electronic distortion or loss of data that
renders
z that the
is electronic
capable ofrecord, as it was presented,
being authenticated as to unreadable in
the apparent
wholeidentity
or in part.
of a sender and the apparent source of the data
ii. Data contained
processinginsystem
it, and as to whether
means it has remained
a computerised complete
or an electronic
and unaltered, and
or any other automated means used to process and manipulate
data,
z isinitiate
capableanof action or respond
being examined for to data messages
compliance or
with the
performances inconditions
terms and whole or inofpart.
the eUCP credit.
ii. Eelectronic
iii. lectronic record means
signature meansdata created,
a data processgenerated, sent,
attached to or
logically associated
communicated, withoran
received electronic
stored recordmeans,
by electronic and executed or
including,
where appropriate, all information logically associated with to
adopted by a person in order to identify that person and or
© 2019 International Chamber of Commerce

indicate that person’s authentication of thepart

electronic
of the record.
© 2006 International Chamber of Commerce

otherwise linked together so as to become record,

iii.whether
format generated
means thecontemporaneously
data organization in or which
not, that
theis:electronic
record is expressed or to which it refers.
• capable of being authenticated as to the apparent identity of
a sender
iv. paper and the means
document apparent source of the
a document in data containedpaper
a traditional in it,
and as to whether it has remained complete and unaltered,
form.
and
• capable of being examined for compliance with the terms
and conditions of the eUCP credit.

588
 ICC Uniform Customs and Practice for Documentary Credits

iv. Electronic signature means a data process attached to or

v. logically
receivedassociated
means the with anwhen
time electronic record and
an electronic executed
record or
enters
adopted by a person
the information in order
system of theto identify that
applicable person
recipient in and to
a form
indicate
capable thatofperson’s
beingauthentication
accepted of bythethat
electronic record.
system. Any
acknowledgement of receipt does not imply acceptance or
v. Format means the data organisation in which the electronic
refusal of the electronic record under an eUCP credit.
record is expressed or to which it refers.
vi. Paper document means a document in a paper form.
ARTICLE e4 means when an electronic record enters a data
vii. Received
processing system, at the place for presentation indicated
Format
in the eUCP credit, in a format capable of being accepted by
An eUCP that system.
credit mustAny acknowledgement
specify of receipt
the formats in which generated
electronic by
records
that
are to be system does
presented. notformat
If the imply that
of thetheelectronic
electronic record
record is
hasnot
been
so
viewed,
specified, it mayexamined, accepted
be presented or format.
in any refused under an eUCP credit.
viii. Re-present or re-presented means to substitute or replace an
electronic record already presented.
ARTICLE e5
A RTICLE e4
Presentation
Electronic Records
a. An eUCP credit and
allowing Paper Documents
presentation of: v. Goods,
Services or Performance
i. electronic records must state a place for presentation of the
Banks doelectronic
not deal with the goods, services or performance to which an
records.
electronic record or paper document may relate.
ii. both electronic records and paper documents must also state
a place for presentation of the paper documents.
ARTICLE e5
b. Electronic records may be presented separately and need not be
Format
presented at the same time.
An
c. eUCP creditcredit
If an eUCP mustallows
indicate
forthe format of each
presentation of oneelectronic record. If
or more electronic
the format
records, the beneficiary is responsible for providing a presented
of an electronic record is not indicated, it may be notice to
in any
theformat.
bank to which presentation is made signifying when the
presentation is complete. The notice of completeness may be
ARTICLE
given ase6
an electronic record or paper document and must identify
the eUCP credit to which it relates. Presentation is deemed not to
Presentation
have been made if the beneficiary’s notice is not received.
© 2019 International Chamber of Commerce
© 2006 International Chamber of Commerce

d. i. i.
a. AEach
n eUCP credit must
presentation indicate arecord
of an electronic place and
for the
presentation of
presentation
electronic
of paper records.
documents under an eUCP credit must identify
the eUCP credit under which it is presented.
ii. An eUCP credit requiring or allowing presentation of both
ii. electronic records
A presentation notand paper documents
so identified must,asinnot
may be treated addition to
received.
the place for presentation of the electronic records, also indicate
a place for presentation of the paper documents.
b. Electronic records may be presented separately and need not be
presented at the same time.
c. i. When one or more electronic records are presented alone

599
 ICC Uniform Customs and Practice for Documentary Credits

or in combination with paper documents, the presenter is

e. If theresponsible for providing
bank to which a notice
presentation is to of completeness
be made is open to butthe
its
nominated
system is unablebank, confirming
to receive bank, if any,
a transmitted or to therecord
electronic issuingonbank,
the
where a expiry
stipulated presentation is madethe
date and/or directly. The
last day ofreceipt of theofnotice
the period time
of the
after completeness will act as
date of shipment fornotification
presentation,thatasthe
thepresentation
case may be, is
thecomplete
bank willand that the period
be deemed for examination
to be closed and the dateof the presentation
for presentation
is to the
and/or commence.
expiry date shall be extended to the first following
banking day on which such bank is able to receive an electronic
ii. The notice of completeness may be given as an electronic record
record. If the only electronic record remaining to be presented is
or paper document and must identify the eUCP credit to which
the notice of completeness, it may be given by telecommunications
it relates.
or by paper document and will be deemed timely, provided that it
iii. Presentation
is sent before the is bank
deemed not to
is able to receive
have beenan made if therecord.
electronic notice of
completeness is not received.
f. An electronic record that cannot be authenticated is deemed not
iv. When
to have a nominated
been presented.bank, whether acting on its nomination
or not, forwards or makes available electronic records to a
confirming bank or issuing bank, a notice of completeness need
not be sent.
ARTICLE e6
d. i. Each presentation of an electronic record under an eUCP credit
Examination
must identify the eUCP credit under which it is presented. This
a. If an may be by specific
electronic referenceathereto
record contains hyperlinkin to
theanelectronic record
external system
or aitself, or in metadata
presentation attached
indicates that or
thesuperimposed thereto,
electronic record or by
may be
identification
examined in the covering
by reference letter system,
to an external or schedule
the that accompanies
electronic record
thehyperlink
at the presentation.
or the referenced system shall be deemed to be
the electronic record to be examined. The failure of the indicated
ii. Any presentation of an electronic record not so identified may
system to provide access to the required electronic record at the
be treated as not received.
time of examination shall constitute a discrepancy.
e. i. If the bank to which presentation is to be made is open but its
b. Thesystem forwarding of to
is unable electronic records by electronic
receive a transmitted a nominatedrecordbank
on
pursuant to its nomination
the stipulated expiry datesignifies
and/or thethat it day
last has for
satisfied itself as as
presentation, to
thethe
apparent
case mayauthenticity
be, the bankof the
will electronic
be deemedrecords.
to be closed and thet
c. Theexpiry dateof
inability and/or last daybank,
the issuing for presentation shallbank,
or confirming be extended
if any, to
to
the next banking day on which such bank is able to
examine an electronic record in a format required by the eUCP receive an
electronic
credit record.
or, if no format is required, to examine it in the format
presented is not a basis
ii. In this event, the for refusal.
nominated bank must provide the confirming
bank or issuing bank, if any, with a statement on its covering
© 2019 International Chamber of Commerce

schedule that the presentation of electronic records was made

© 2006 International Chamber of Commerce

within the time limits extended in accordance with sub-article

e6 (e) (i).
iii. If the only electronic record remaining to be presented is the
notice of completeness, it may be given by telecommunication
or by paper document and will be deemed timely, provided that
it is sent before the bank is able to receive an electronic record
f. An electronic record that cannot be authenticated is deemed not to
have been presented.

6100
 ICC Uniform Customs and Practice for Documentary Credits

ARTICLE e7
ARTICLE e7
Examination
Notice of Refusal
The period for the examination of documents commences

a. i.
a. i. on thetime
The banking day following
period the day on which
for the examination of the notice of
documents
completeness
commences is onreceived by the
the banking nominated
day followingbank, confirming
the banking day
bank, if any, the
on which or bybeneficiary’s
the issuing bank,
noticewhere a presentation is
of completeness
made directly.
received.
ii. I If
ii. f the
the time for presentation
time for presentation of documents or
of documents or the notice of
the notice of
completeness
completeness is is
extended,
extended, as provided
the time in forsub-article e6 (e) (i),
the examination of
the time for the examination of documents
documents commences on the first following banking day on commences on
the
whichnextthe
banking
bank today following
which the dayison
presentation towhich
be made theisbank
able to
to
which presentation is to be made
receive the notice of completeness. is able to receive the notice of
completeness, at the place for presentation.
b. If an issuing bank, the confirming bank, if any, or a nominated
b. i. If an electronic record contains a hyperlink to an external
bank acting on their behalf, provides a notice of refusal of a
system or apresentation
presentation which includes indicates that the
electronic electronic
records andrecord
does may
not
be examined by reference to an external system,
receive instructions from the party to which notice of refusal isthe electronic
record
given withinat 30
thecalendar
hyperlink or from
days the external
the datesystem shall of
the notice berefusal
deemed is
given for the disposition of the electronic records, the banktoshall
to constitute an integral part of the electronic record be
examined.
return any paper documents not previously returned to the
The failure
presenter
ii. but mayof dispose
the external
of thesystem
electronicto records
provide in access to the
any manner
required
deemed electronic
appropriate recordany
without at responsibility.
the time of examination shall
constitute a discrepancy, except as provided in sub-article e7 (d)
(ii).
ARTICLE
c. e8 of a nominated bank acting on its nomination, a
The inability
confirmingand
Originals bank,Copies
if any, or the issuing bank, to examine an electronic
record in a format required by an eUCP credit or, if no format is
Anyrequired, to examine
requirement of the it
UCPin the format
or an eUCPpresented
credit forispresentation
not a basis for
of
onerefusal.
or more originals or copies of an electronic record is satisfied by
thei. presentation
d. of one of
The forwarding electronic record.
electronic records by a nominated bank,
whether or not it is acting on its nomination to honour or
negotiate, signifies that it has satisfied itself as to the apparent
ARTICLE e9
authenticity of the electronic records.
© 2019 International Chamber of Commerce

Date of the
ii. In Issuance
event that a nominated bank determines that a
© 2006 International Chamber of Commerce

presentation is complying and forwards or makes available

Unless an
thoseelectronic
electronic record contains
records a specific date
to the confirming bankof
orissuance, the
issuing bank,
date onwhether
which itorappears to have been sent by the issuer is deemed
not the nominated bank has honoured or negotiated,
to be the
andate of issuance.
issuing The date of
bank or confirming receipt
bank mustwill be deemed
honour to be
or negotiate,
the dateorit was sent if no other date is apparent.
reimburse that nominated bank, even when a specified
hyperlink or external system does not allow the issuing bank
or confirming bank to examine one or more electronic records
that have been made available between the nominated bank and
the issuing bank or confirming bank, or between the confirming
bank and the issuing bank.

6111
 ICC Uniform Customs and Practice for Documentary Credits

ARTICLE e8
ARTICLE e10
Notice of Refusal
IfTransport
a nominated bank acting on its nomination, a confirming bank, if
any,
If anor the issuing
electronic bank,evidencing
record provides a transport
notice of does
refusalnot
of indicate
a presentation
a date
which
of shipment or dispatch, the date of issuance of theinstructions
includes electronic records and does not receive electronic
from
record thewill
party
be todeemed
which notice
to be of refusal
the date isofgiven for theordisposition
shipment dispatch.
of the electronic records within 30 calendar
However, if the electronic record bears a notation days fromthattheevidences
date the
notice of refusal is given, the bank shall return any paper
the date of shipment or dispatch, the date of the notation will be documents
not previously
deemed to bereturned
the date toof that party, but
shipment may dispose
or dispatch. of the electronic
A notation showing
records
additional data content need not be separately signedresponsibility.
in any manner deemed appropriate without any or otherwise
authenticated.
ARTICLE e9
Originals and Copies
ARTICLE e11
Any requirement for presentation of one or more originals or copies
Corruption
of of anis Electronic
an electronic record Record After
satisfied by the presentation of one electronic
Presentation
record.
a. If an electronic record that has been received by the issuing bank,
ARTICLE e10bank, or another nominated bank appears to have been
confirming
corrupted, the bank may inform the presenter and may request
Date ofthe
that Issuance
electronic record be re-presented.
An electronic
b. If the bankrecord mustthat
requests provide evidence of
an electronic its date
record beofre-presented:
issuance.

i. the time for examination is suspended and resumes when the

ARTICLE e11 re-presents the electronic record; and
presenter
Transport
ii. if the nominated bank is not the confirming bank, it must
If an electronic
providerecord evidencing
the issuing transport
bank and does notbank
any confirming indicate
with anotice
date
of shipment or dispatch
of the request or fortaking in charge or and
re-presentation a dateinform
the goods
it ofwere
the
accepted suspension;
for carriage,but
the date of issuance of the electronic record will
be deemed to be the date of shipment or dispatch or taking in charge or
iii. the
the date if the samewere
goods electronic
acceptedrecord is not re-presented
for carriage. within
However, if the thirty
electronic
(30) calendar days, the bank may treat the electronic
record bears a notation that evidences the date of shipment or dispatch record
or takingasinnot presented,
charge or the and
date the goods were accepted for carriage,
the date of the
iv. any notationare
deadlines will
notbeextended.
deemed to be the date of shipment or
© 2019 International Chamber of Commerce

dispatch or taking in charge or the date the goods were accepted for
© 2006 International Chamber of Commerce

carriage. Such a notation showing additional data content need not be

separately signed or otherwise authenticated.

6122
 ICC Uniform Customs and Practice for Documentary Credits

ARTICLE e12
ARTICLE e12
Data Corruption of an Electronic Record
Additional
a. Disclaimer
If an electronic ofbeen
record that has Liability fora nominated bank
received by
Presentation of Electronic
acting on its nomination Recordsbank,
or not, confirming under eUCP
if any, or the
issuing bank, appears to have been affected by a data corruption, the
By satisfying itself as to the apparent authenticity of an electronic
bank may inform the presenter and may request it to be re-presented.
record, banks assume no liability for the identity of the sender,
b. If a bank
source of the makes such a request:
information or its complete and unaltered character
other
i. the time for examination is in
than that which is apparent the electronic
suspended record when
and resumes received
the
by the use of a commercially acceptable data
electronic record is re-presented; and process for the receipt,
authentication and identification of electronic records.
ii. if the nominated bank is not a confirming bank, it must provide
any confirming bank and the issuing bank with notice of the
request for the electronic record to be re-presented and inform
it of the suspension; but
iii. if the same electronic record is not re-presented within 30
calendar days, or on or before the expiry date and/or last day
for presentation, whichever occurs first, the bank may treat the
electronic record as not presented.

ARTICLE e13
Additional Disclaimer of Liability for Presentation
of Electronic Records under eUCP
a. By satisfying itself as to the apparent authenticity of an electronic
record, a bank assumes no liability for the identity of the sender,
source of the information, or its complete and unaltered character
other than that which is apparent in the electronic record received
by the use of a data processing system for the receipt, authentication,
and identification of electronic records.
b. A bank assumes no liability or responsibility for the consequences
arising out of the unavailability of a data processing system other
than its own.
© 2019 International Chamber of Commerce

ARTICLE e14
© 2006 International Chamber of Commerce

Force Majeure
A bank assumes no liability or responsibility for the consequences arising
out of the interruption of its business, including but not limited to its
inability to access a data processing system, or a failure of equipment,
software or communications network, caused by Acts of God, riots,
civil commotions, insurrections, wars, acts of terrorism, cyberattacks,
or by any strikes or lockouts or any other causes, including failure of
equipment, software or communications networks, beyond its control.

6133