The Myth That the UCP is “Law”

In this Lowdown from the Editor, Professor James E. Byrne opines on the misplaced status some afford to UCP as the LC community awaits UCP revision.

Due in part to the international and virtually universal use of the UCP for commercial letters of credit and to the illusion perpetuated by the ICC that its texts displace the need for “law”, many bankers regard statutes dealing with letters of credit as incompatible with the UCP. While there are many instances of this notion, one of the most colorful is that ICC rules are assigned an “effective date”, which is assumed to be the date after which they may be used. The current revision of the UCP, to be referred to as UCP600 will likely have an “effective date” of 1 July 2007. Being simply rules of practice and not laws, however, an undertaking may be issued subject to them at any point, even in draft form.

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