1990年国际海事委员会电子提单规则

颁布日期：19900629 　实施日期：19900629 　颁布单位：巴黎

1. Scope of Application

These rules shall apply whenever the parties so agree.

2. Definitions

a. “Contract of Carriage” means any agreement to carry goods wholly orpartly by sea.

b. “EDI” means Electronic Data Interchange， i. e. the interchange oftrade date effected by teletransmission.

c. “UN/EDIFACT” means the United Nations Rules for Electronic DataInterchange for Administration， Commerce and Transport.

d. “Transmission” means one or more messages electronically senttogether as one unit of dispatch which includes heading and terminatingdata.

e. “Confirmation” means a Transmission which advises that the contentof a Transmission appears to be complete and correct， without prejudice toany subsequent consideration or action that the content may warrant.

f. “Private Key” means any technically appropriate form， such as acombination of numbers and/or letters， which the parties may agree forsecuring the authenticity and integrity of a Transmission.

g. “Holder” means the party who is entitled to the rights described inArticle 7（a） by virtue of its possession of a valid Private Key.

h. “Electronic Monitoring System” means the device by which a computersystem can be examined for the transactions that it recorded， such as aTrade Data Log or an Audit Trail.

i. “Electronic Storage” means any temporary， intermediate or permanentstorage of electronic data including the primary and the back-up storageof such data.

3. Rules of Procedure

a. When not in conflict with these Rules， the Uniform Rules of Conductfor Interchange of Trade Data by Teletransmission， 1987 （UNCID） shallgovern the conduct between the parties.

b. The EDI under these Rules should conform with the relevantUN/EDIFACT standards. However， the parties may use any other method oftrade data interchange acceptable to all of the users.

c. Unless otherwise agreed， the document format for the Contract ofCarriage shall conform to the UN Layout Key or compatible nationalstandard for Bills of Lading.

d. Unless otherwise agreed， a recipient of a Transmission is notauthorised to act on a Transmission unless he has sent a Confirmation.

e. In the event of a dispute arising between the parties as to thedata actually transmitted， an Electronic Monitoring System may be used toverify the data received. Data concerning other transactions not relatedto the data in dispute are to be considered as trade secrets and thus notavailable for examination. If such data are unavoidably revealed as partof the examination of the Electronic Monitoring System， they must betreated as confidential and not released to any outside party or used forany other purpose.

f. Any transfer of rights to the goods shall be considered to beprivate information， and shall not be released to any outside party notconnected to the transport or clearance of the goods.

4. Form and Content of the Receipt Message

a. The carrier， upon receiving the goods from the shipper， shall givenotice of the receipt of the goods to the shipper by a message at theelectronic address specified by the shipper.

b. This receipt message shall include：

i. the name of the shipper；

ii. the description of the goods， with any representations andreservations， in the same tenor as would be required if a paper Bill ofLading were issued；

iii. the date and place of the receipt of the goods；

iv. a reference to the carrier's terms and conditions of carriage；and

v. the Private Key to be used in subsequent Transmissions.

The shipper must confirm this receipt message to the carrier， uponwhich Confirmation the shipper shall be the Holder.

c. Upon demand of the Holder， the receipt message shall be updatedwith the date and place of shipment as soon as the goods have been loadedon board.

d. The information contained in （ii）， （iii） and （iv） of paragraph （b）above， including the date and place of shipment if updated in accordancewith paragraph （c） of this Rule， shall have the same force and effect asif the receipt message were contained in a paper Bill of Lading.

5. Terms and Conditions of the Contract of Carriage

a. It is agreed and understood that whenever the carrier makes areference to its terms and conditions of carriage， these terms andconditions shall form part of the Contract of Carriage.

b. Such terms and conditions must be readily available to the partiesto the Contract of Carriage.

c. In the event of any conflict or inconsistency between such termsand conditions and these Rules， these Rules shall prevail.

6. Applicable Law

The Contract of Carriage shall be subject to any internationalconvention or national law which would have been compulsorily applicableif a paper Bill of Lading had been issued.

7. Right of Control and Transfer

a. The Holder is the only party who may， as against the carrier：

（1） claim delivery of the goods；

（2） nominate the consignee or substitute a nominated consignee forany other party， including itself；

（3） transfer the Right of Control and Transfer to another party；

（4） instruct the carrier on any other subject concerning thegoods， in accordance with the terms and conditions of the Contract ofCarriage， as if he were the holder of a paper Bill of Lading.

b. A transfer of the Right of Control and Transfer shall be effected：（i） by notification of the current Holder to the carrier of its intentionto transfer its Right of Control and Transfer to a proposed new Holder，and （ii） Confirmation by the carrier of such notification message，whereupon （iii） the carrier shall transmit the information as referred toin Article 4 （except for the Private Key） to the proposed new Holder，whereafter （iv） the proposed new Holder shall advise the carrier of itsacceptance of the Right of Control and Transfer， whereupon （v） the carriershall cancel the current Private Key and issue a new Private Key to thenew Holder.

c. If the proposed new Holder advises the carrier that it does notaccept the Right of Control and Transfer or fails to advise the carrier ofsuch acceptance within a reasonable time， the proposed transfer of theRight of Control and Transfer shall not take place. The carrier shallnotify the current Holder accordingly and the current Private Key shallretain its validity.

d. The transfer of the Right of Control and Transfer in the mannerdescribed above shall have the same effect as the transfer of such rightsunder a paper Bill of Lading.

8. The Private Key

a. The Private Key is unique to each successive Holder. It is nottransferable by the Holder. The carrier and the Holder shall each maintainthe security of the Private Key.

b. The carrier shall only be obliged to send a Confirmation of anelectronic message to the last Holder to whom it issued a Private Key，when such Holder secures the Transmission containing such electronicmessage by the use of the Private Key.

c. The Private Key must be separate and distinct from any means usedto identify the Contract of Carriage， and any security password oridentification used to access the computer network.

9. Delivery

a. The carrier shall notify the Holder of the place and date ofintended delivery of the goods. Upon such notification the Holder has aduty to nominate a consignee and to give adequate delivery instructions tothe carrier with verification by the Private Key. In the absence of suchnomination， the Holder will be deemed to be the consignee.

b. The carrier shall deliver the goods to the consignee uponproduction of proper identification in accordance with the deliveryinstructions specified in paragraph （a） above； such delivery shallautomatically cancel the Private Key.

c. The carrier shall be under no liability for misdelivery if it canprove that it exercised reasonable care to ascertain that the party whoclaimed to be the consignee was in fact that party.

10. Option to Receive a paper Document

a. The Holder has the option at any time prior to delivery of thegoods to demand from the carrier a paper Bill of Lading. Such documentshall be made available at a location to be determined by the Holder，provided that no carrier shall be obliged to make such document availableat a place where it has no facilities and in such instance the carriershall only be obliged to make the document available at the facilitynearest to the location determined by the Holder. The carrier shall not beresponsible for delays in delivering the goods resulting from the Holderexercising the above option.

b. The carrier has the option at any time prior to delivery of thegoods to issue to the Holder a paper Bill of Lading unless the exercise ofsuch option could result in undue delay or disrupts the delivery of thegoods.

c. A Bill of Lading issued under Rules 10（a） or （b） shall include： （i）the information set out in the receipt message referred to in Rule 4（except for the Private Key）； and （ii） a statement to the effect that theBill of Lading has been issued upon termination of the procedures for EDIunder the CMI Rules for Electronic Bills of Lading. The aforementionedBill of Lading shall be issued at the option of the Holder either to theorder of the Holder whose name for this purpose shall then be inserted inthe Bill of Lading or to bearer.

d. The issuance of a paper Bill of Lading under Rule 10 （a） or （b）shall cancel the Private Key and terminate the procedures for EDI underthese Rules. Termination of these procedures by the Holder or the carrierwill not relieve any of the parties to the Contract of Carriage of theirrights， obligations or liabilities while performing under the presentRules nor of their rights， obligations or liabilities under the Contractof Carriage.

e. The Holder may demand at any time the issuance of a print-out ofthe receipt message referred to in Rule 4 （except for the Private Key）marked as “non-negotiable copy”。 The issuance of such a print-out shallnot cancel the Private Key nor terminate the procedures for EDI.

11. Electronic Data is Equivalent to Writing

The carrier and the shipper and all subsequent parties utilizing theseprocedures agree that any national or local law， custom or practicerequiring the Contract of Carriage to be evidenced in writing and signed，is satisfied by the transmitted and confirmed electronic data residing oncomputer data storage media displayable in human language on a videoscreen or as printed out by a computer. In agreeing to adopt these Rules，the parties shall be taken to have agreed not to raise the defence thatthis contract is not in writing