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. “Confirmation¹” 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 technically² appropriate form， such as acombination of numbers and/or letters， which the parties may agree forsecuring the authenticity³ and integrity of a Transmission.

　　g. “Holder⁴” means the party who is entitled to the rights described inArticle 7（a） by virtue⁵ of its possession of a valid⁶ 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 Audit⁷ 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 format⁸ for the Contract ofCarriage shall conform to the UN Layout Key or compatible nationalstandard for Bills of Lading.

　　d. Unless otherwise agreed， a recipient⁹ 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 confidential¹⁰ 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 clearance¹¹ 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 specified¹² 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 tenor¹³ 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 compulsorily¹⁴ 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 consignee¹⁵ 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.