信用证中的软条款(Soft Clause)

在我国有时也称为“陷阱条款”（Pitfall Clause），是指在不可撤消的信用证加列一种条款，据此条款开证申请人（买方）或开证行具有单方面随时解除付款责任的主动权，即买方完全控制整笔交易，受益人处于受制人的地位，是否付款完全取决于买方的意愿。这种信用证实际变成了随时可以撤销或永远无法生效的信用证，银行中立担保付款的职能完全丧失。带有此种条款的信用证实质上是变相的可撤消信用证，极易造成单证不符而遭开证行拒付。买方凭借信用证软条款还可以骗取卖方的保证金、质押金、履约金、开证费等。

少数不法外商不断变换手法，利用信用证的“软条款”，利用我国一部分外贸业务人员积极扩大出口的良好愿望和经验不足的弱点，给我国造成重大经济损失。而且上当的多是国内工贸公司，据了解，自1992年以来，国内公司受此诈骗多起，蒙受的损失达数千万元之巨。

软条款信用证有两个特点：（1）受益人议付货款时，除提供贸易合同规定的单据外，还须提供信用证加列条款的结汇单据；（二）某些结汇单据是受益人／卖方无法通过自己履约行为来获得，其有效性也受到买方／开证申请人或第三方行为意志的制约。对信用证软条款的处理应以预防为主，并时刻注意运用合同与相关法律的规定保护自己的合法权益

Letters of credit in terms of soft (Soft Clause)

In our country is sometimes referred to as "traps terms" (Pitfall Clause), is in an irrevocable letter of credit to add a provision by which the applicant a permit (the buyer) or issuing a unilateral line payment at any time Responsibility for the initiative, that is, the buyer complete control of the entire transaction, the beneficiaries were restricted in the status of the payments depends entirely on the buyer's wishes. This letter of credit at any time can become a reality or will never be able to revoke the entry into force of the letters of credit, bank guarantees payment neutrality of the functions completely lost. With such provisions of the letter of credit is essentially a disguised form of letters of credit may be withdrawn, were not easy to create documents to the issuing of dishonour. With the soft terms of the letter of credit the buyer can also cheat the seller's margin, pledge payment, performance payments, issuing fees.

A small number of illegal foreign constantly changed their tactics, using letters of credit "soft terms", using part of China's foreign trade actively expand exports of good wishes and the weakness of lack of experience, to our cause significant economic losses. And fooled most of the domestic industry and trade company, we understand that since 1992, more domestic companies by this fraud, losses amounted to tens of millions of dollars is huge.

Soft terms of letters of credit have two characteristics: (1) beneficiaries negotiating the purchase price, in addition to the provision of trade under the contract documents, they also need to provide letters of credit to add provisions of the settlement documents, (2) is the beneficiary of some foreign exchange receipts / Seller can not get to their performance, their effectiveness has also been the buyer / issuing the applicant or third-party acts of the will of the constraints. Letters of credit on soft terms should be on prevention, treatment and time to pay attention to using the contract with the relevant legal provisions to protect their legitimate rights and interests
Letters of credit in terms of soft (Soft Clause) <br> <br> In our country is sometimes referred to as "traps terms" (Pitfall Clause), is in an irrevocable letter of credit to add a provision by which the applicant a permit (the buyer) or issuing a unilateral line payment at any time Responsibility for the initiative, that is, the buyer complete control of the entire transaction, the beneficiaries were restricted in the status of the payments depends entirely on the buyer's wishes. This letter of credit at any time can become a reality or will never be able to revoke the entry into force of the letters of credit, bank guarantees payment neutrality of the functions completely lost. With such provisions of the letter of credit is essentially a disguised form of letters of credit may be withdrawn, were not easy to create documents to the issuing of dishonour. With the soft terms of the letter of credit the buyer can also cheat the seller's margin, pledge payment, performance payments, issuing fees. <br> <br> A small number of illegal foreign constantly changed their tactics, using letters of credit "soft terms", using part of China's foreign trade actively expand exports of good wishes and the weakness of lack of experience, to our cause significant economic losses. And fooled most of the domestic industry and trade company, we understand that since 1992, more domestic companies by this fraud, losses amounted to tens of millions of dollars is huge. <br> <br> Soft terms of letters of credit have two characteristics: (1) beneficiaries negotiating the purchase price, in addition to the provision of trade under the contract documents, they also need to provide letters of credit to add provisions of the settlement documents, (2) is the beneficiary of some foreign exchange receipts / Seller can not get to their performance, their effectiveness has also been the buyer / issuing the applicant or third-party acts of the will of the constraints. Letters of credit on soft terms should be on prevention, treatment and time to pay attention to using the contract with the relevant legal provisions to protect their legitimate rights and interests