• Title/Summary/Keyword: Electronic Documentary Credit

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Emerging Electronic Documentary Credit and Electronic Presentation of Documents (전자신용장의 출현과 서류의 전자적 제시에 관한 고찰)

  • Kang, Won-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.21
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    • pp.73-97
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    • 2003
  • In this paper, I examined the trends of standardization and electronization of trade documents and SWIFT network. Also, I reviewed on emerging electronic documentary credit for electronic payment and electronic presentation of documents. New international trade customs and practices are being established and changed as a result of the growth of the Internet and other on-line networks. At the same time there is increasing pressure to move from existing paper-based documentary credit to electronic documentary credit. Several projects devoted to development of an electronic letter of credit infrastructure have recently been proposed such as Bolero, SWIFTNet, UNeDocs and eUCP, etc. Yet, little can be done until the presentation process is electrified between traders and banks. Also, interbank communication of letters of credit has long been electronic, mainly through the SWIFT. However, it is not functioned between applicant and beneficiary, although the solution of SWIFTNet has recently been developed. The Banking Commission of International Chamber of Commerce established a working group consisting of experts in the related fields to prepare the appropriate rules as a Supplement to UCP 500 for Electronic Presentation: eUCP. The eUCP will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. Some problems of electronic presentation under the eUCP, exist such as format, presentation of electronic records and the way of beneficiary's notice for completeness under the Article e5 if more than one record is to be presented electronically by third parties. Therefore, it is encouraged to provide more detailed guide for eUCP Article e5.

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How to deal with Fraud Cases in L/C-based Transactions in International trade business (국제무역거래(國際貿易去來)에서의 신용상거래(信用狀去來) 사기사건(詐欺事件)의 대처방안(對處方案))

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.18 no.2
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    • pp.173-199
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    • 2008
  • A letter of credit transaction of the preexistence have been raising one's head fraud charge problem as a result of abusing the principles of independence and abstraction. Every society has certain rules and conventions which it regards as important and most of people in any society. The paper document means a document in a traditional paper form. The eUCP credit must specify the formats in which electronic records are to be presented. In these present times, the issuance of documentary credit are performed by the SWIFT(Society for Worldwide Inter bank Financial Telecommunication) system. The eUCP have been written to allow for presentation completely electronically or for a mixture of paper documents and electronic presentation. Presentation is deemed not to have been made if the Beneficiary's notice is not received. An electronic record that cannot be authenticated is deemed not to have been presented. The e-UCP is the supplement of current existing UCP but is superior to UCP under some circumstances. The document shall include an electronic record. The place for presentation of electronic records means an electronic address. The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. IN the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance.

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A study on the TradeCard and Problems of L/C under Cyber Trading (사이버무역시대에 신용장결제방식의 한계와 TradeCard의 활용)

  • 한상현
    • The Journal of Information Technology
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    • v.3 no.4
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    • pp.23-40
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    • 2000
  • Because the international trading community has witnessed a number of significant technical and commercial changes, documentary credit practices will quite clearly need to be updated to meet both the business and technical demands of the latest commercial and technical developments in international trade. The potential for developing "paperless credit" should, therefore, be examined. TradeCard is a B2B(business-to-business) e-commerce infrastructure that enables buyers and sellers to conduct and settle international trade transactions securely over the Internet and objective of TradeCard is to provide a secure, reliable cost-effective and user-friendly solution for conducting and settling international trade transactions. This paper analyzes the reviews of TradeCard by Electronic Message and the various problems which come to application of TradeCard, with particular attention to existing international frameworks for Payment systems based on Documentary Credit.ry Credit.

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A Study on the Roles and Revision of eUCP for Global Electronic Trading (글로벌 전자무역의 실현을 위한 eUCP의 역할과 개정방안)

  • Choi, Seok-Beom;Hong, Sung-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.105-134
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    • 2002
  • In the Spring of 2000, the Banking Commission of the ICC decided to appoint a working group to draft a supplement to the UCP 500 to clarify the position regarding electronic presentation under a documentary credit. Provisions was drafted to supplement its existing rules for documentary credit, that is, UCP 500. These new provisions known as Supplement to UCP 500 for Electronic Presentation was approved by the ICC Banking Commission at the beginning of November 2001 and came in force as of 1 April 2002 The eUCP covers matters such as definitions of key terms such as electronic record, electronic signature, format, paper document, received. An eUCP Credit must specify the formats in which electronic records are to be presented and if not, electronic records may be presented in any format. Electronic records may be presented separately and need not be presented at the same time. The purpose of this paper is to understand the main substance of eUCP and to facilitate the introduction of electronic letter of credit by studying the problems and revision of eUCP and new electronic UCP. The main substances of eUCP are electronic address as place for presentation of electronic records, flexibility of the formats of electronic records to be presented, endowment of the notice of completeness of presentation to the beneficiary, one electronic record satisfying one or more originals or copies of an electronic record, the electronic records to be examined including the electronic record at the hyperlink to an external system or the referenced system, no remark as to the time period for the examination of documents. The Roles of eUCP are the Promotion of the Electronic Trade, the Supply of Basis on the Uniform Rules for Electronic Letter of Credit, the introduction of Electronic Trade Model. The characteristics of eUCP are a supplement to the UCP, no address of any issues relating to the issuance or advice of Credit electronically, independence of specific technologies and developing electronic commerce system, that is, Bolero Service. The Problems of eUCP are flexibility of format of electronic record, heavy burden on the side of banks, and the problems regrading the number of presentation, the notice of completeness of presentation, no provision in regard to the time to examine the electronic records, and representation of the electronic records. In the revision of eUCP to resolve the problems, the things to be taken into consideration are as follows; the designation of the format allowing the banks to examine electronically, prohibition of the paper documents, the development of the system receiving the electronic records, the addition of the reception notice on the side of the banks, the setting of the time to examine the electronic records, the construction of the backup system or the dual processing system.

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A Study on the Current Obstacles and Countermeasures in the Operation of South Korea's Paperless Trade (한국 전자무역 운용상의 문제점과 해결방안에 관한 연구)

  • Jung, Jae Woo
    • International Commerce and Information Review
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    • v.18 no.2
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    • pp.53-82
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    • 2016
  • This article begins that previous literatures of South Korea's paperless trade differ from those of other developed countries' paperless trade. Some scholars in South Korea have studied on the relevance of documentary credit in the paperless trade and operability of electronic documentary credit. But Some other scholars in other developed countries have studied about e-customs and e-air logistics. As a result, The current situation of South Korea's paperless trade differs from that of other developed countries' paperless trade. The South Korea's paperless trade has tried to achieve the operation of electronic documentary credit as well as e-customs through the establishment of Korea Trade Network(KTNET) and Customs service's Single Window known as Uni-pass. and other developed countries's paperless trade has made an effort to develop an e-customs and e-air logistics through customs service's Single Window. So, this article describes the current status and characteristics of South Korea's paperless trade and next, this article aims to find out the obstacles and countermeasures in the operation of South Korea's paperless trade. Therefore this paper provides a clear understanding of the problems and solutions associated with South Korea's paperless trade.

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Some Implications of eUCP Based on the Hermeneutical Approach (eUCP의 본질적 함의와 조항해석적용의 괴리조정:법해석학적 접근)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.65-104
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    • 2002
  • With the current evolution from paper to electronic records the documentary credit market has been looking to ICC to provide guidance in this transition. To allow bankers and traders to familiarize themselves with this trend, eUCP has come into force from April 1st 2002. The eUCP provides definitions to allow current UCP terminology to accommodate the presentation of the equivalent of paper documents electronically and to provide necessary rules to allow the UCP and eUCP to work together. It is important to understand that many of the Articles of the UCP are not impacted by the presentation of electronic equivalent of paper documents and do not require any changes to accommodate electronic presentation. When read together the UCP and the eUCP will be broad enough to allow for developing practice in this area. The eUCP is not a revision of the UCP. The UCP will continue to provide the industry with rules for paper letters of credit in conjunction with the eUCP. This study comments that some characteristics of the eUCP have unique properties, such as juncture, envelope, homotheticity functions, and some applicable interpretations including abstraction of letter of credit, notice of completeness, notice of discrepancies and corruption of electronic records.

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A Study on the Operational Process of SURF under Bolero System (볼레로시스템 상 SURF(전자결제시스템)의 운용프로세스에 관한 연구)

  • 채진익
    • The Journal of Society for e-Business Studies
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    • v.7 no.1
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    • pp.187-206
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    • 2002
  • The purpose of this study is to review the process for the trade settlement system between all parties involved in the commercial transaction under SURF System. SURF application is the latest value added service from bolero.net and a fully automated documentary settlement system. It extends bolero.net's capability to enable trade transactions by providing a delivery versus payment system. It has been designed as a standard, shared, infrastructure component for handling trade settlement within an electronic environment to keep step with the operation of electronic Bolero bill of Lading. It exploits the services provided by the Bolero Core Messaging Platform - secure, guaranteed transactions based on boleroXML standards to provide document compliance services with optional bank guarantees. So, SURF system can automatically check all commonly used trade documents such as commercial invoices, bills of lading and certificates of weight and analysis, etc and supports a full range of settlement options including Open Account, Documentary Collections, Documentary Credit. 58 have key features as follows, ① automatic document compliance checking, ② integrated with the Title Registry, ③ supports various forms of vender financing, ④ governed by a set of legally binding rules, ⑤ fully prepared for Straight-Through-Processing, ⑥ Enabled compliance with UCP 500.

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The Comparison of BOLERO project and TradeCard syetem as Settlement Method in International Trade (국제전자상거래시대(國際電子商去來時代)를 대비(對備)한 BOLERO Project와 TradeCard System)

  • Ahn, Byung-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.933-977
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    • 2000
  • BOLERO project and TradeCard System are attracted public attention as new settlement method that is able to substitute for documentary letter of credit. BOLERO is the business processes and methods, together with the digital information system, which are provided by Bolero International for communicating Messages and Documents and facilitating business transactions. TradeCard aim to make international business-to-business e-Commerce easy, fast, inexpensive and secure while innovating current documentary compliance and financial settlement mechanisms. The main purpose of this paper is to search the possibility of paperless trade. Since, this paper examine the international legal feasibility of these systems and compare the strength and weakness.

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A Study on the Criterion of Examination of Electronic Records under the eUCP (eUCP에 있어서 서류심사기준에 관한 연구)

  • Jeon, Soon-Hwan
    • International Commerce and Information Review
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    • v.7 no.1
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    • pp.145-168
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    • 2005
  • The International Chamber of Commerce (ICC) eUCP came into force on 1 April 2002. The eUCP is a supplement to the current existing Uniform Customs and Practice for Documentary Credits (UCP500), which governs the use of electronic presentation. The eUCP is not a revision of the UCP. It is a supplement intended to deal with situations where presentations are made electronically. That is to say, the eUCP is a supplement to the UCP that, when used in conjunction with the UCP, will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. The purpose of this paper is to study on the criterion of examination of electronic records under the eUCP.

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A Study on the Institutional Perspective and Application for a Bank Payment Obligation as a International Payment Solution (국제결제제도로서 BPO의 제도적 관점과 그 운용에 관한 연구)

  • Chae, Jin-Ik
    • Korea Trade Review
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    • v.43 no.4
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    • pp.1-25
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    • 2018
  • Bank payment obligations (BPO) have been used since 2013 as a payment solution in the business of supply chain finance. The BPO is an irrevocable undertaking of the obligor bank subject to the successful electronic matching of all required data sets with the established baseline in the TMA. Although the BPO should be regarded as similar to a letter of credit, it is a new payment solution based on advanced technology and data-driven mechanisms. The BPO differs from the credit in institutional terms such as bank-to-bank obligations, automated matching engines, and transfer and confirmation, etc. The BPO can also be used effectively as a stand-alone electronic solution to traditional instruments. it provides a new range of solutions to meet the ever-changing needs of trade customers. However, Operation of the BPO can leads to several issues including an assurance of payment between recipient banks and sellers because the BPO is a bank-to-bank obligation. The URBPO does not apply to relationships between banks and their business clients. So, the primary objective of this paper is to promote institutional understanding and present implications by reviewing major issues concerning the BPO as compared with the letter of credit from the institutional point of view. This research was based on documentary research focusing on the preceding research and the materials of ICC and SWIFT.

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