Part 2. Uniform rules of conduct for interchange of trade data (UNCID)
CHAPTER 2 - Text of the Uniform Rules of Conduct
Article 1: Objective
These rules aim at facilitating the interchange of trade data effected by teletransmission, through the establishment of agreed rules of conduct between parties engaged in such transmission. Except as otherwise provided in these rules, they do not apply to the substance of trade data transfers.
Article 2: Definitions
For the purposes of these rules the following expressions used therein shall have the meaning set out below:
- Trade transaction: A specific contract for the purchase and sale or supply of goods and/or services and/or other performances between the parties concerned, identified as the transaction to which a trade data message refers;
- Trade data message: Trade data exchanged between parties concerned with the conclusion or performance of a trade transaction;
- Trade data transfer (hereinafter referred to as "transfer"): One or more trade data messages sent together as one unit of dispatch which includes heading and terminating data;
- Trade data interchange application protocol (TDI-AP): An accepted method for interchange of trade data messages, based on international standards for the presentation and structuring of trade data transfers conveyed by teletransmission.
- Trade data log: A collection of trade data transfers that provides a complete historical record of trade data interchanged.
Article 3: Application
These rules are intended to apply to trade data interchange between parties using a TDI-AP. They may also, as appropriate, be applied when other methods of trade data interchange by teletransmission are used.
Article 4: Interchange standards
The trade data elements, message structure and similar rules and communication standards used in the interchange should be those specified in the TDI-AP concerned.
Article 5: Care
- Parties applying a TDI-AP should ensure that their transfers are correct and complete in form, and secure, according to the TDI-AP concerned and should take care to ensure their capability to receive such transfers.
- Intermediaries in transfers should be instructed to ensure that there is no unauthorized change in transfers required to be retransmitted and that the data content of such transfers is not disclosed to any unauthorized person.
Article 6: Messages and transfers
- A trade data message may relate to one or more trade transactions and should contain the appropriate identifier for each transaction and means of verifying that the message is complete and correct according to the TDI-AP concerned.
- A transfer should identify the sender and the recipient; it should include means of verifying, either through the technique used in the transfer itself or by some other manner provided by the TDI-AP concerned, the formal completeness and authenticity of the transfer.
Article 7: Acknowledgement of a transfer
- The sender of a transfer may stipulate that the recipient should acknowledge receipt thereof. Acknowledgement may be made through the teletransmission technique used or by other means provided through the TDI-AP concerned. A recipient is not authorized to act on such transfer until he has complied with the request of the sender.
- If the sender has not received the stipulated acknowledgement within a reasonable or stipulated time, he should take action to obtain it. If, despite such action, an acknowledgement is not received within a further period of reasonable time, the sender should advise the recipient accordingly by using the same means as in the first transfer or other means if necessary and, if he does so, he is authorized to assume that the original transfer has not been received.
- If a transfer received appears not to be in good order, correct and complete in form, the recipient should inform the sender thereof as soon as possible.
- If the recipient of a transfer understands that it is not intended for him, he should take reasonable action as soon as possible to inform the sender and should delete the information contained in such transfer from his system, apart from the trade data log.
Article 8: Confirmation of content
- The sender of a transfer may request the recipient to advise him whether the content of one or more identified messages in the transfer appears to be correct in substance, without prejudice to any subsequent consideration or action that the content may warrant. A recipient is not authorized to act on such transfer until he has complied with the request of the sender.
- If the sender has not received the requested advice within a reasonable time, he should take action to obtain it. If, despite such action, an advice is not received within a further period of reasonable time, the sender should advise the recipient accordingly and, if he does do, he is authorized to assume that the transfer has not been accepted as correct in substance.
Article 9: Protection of trade data
- The parties may agree to apply special protection, where permissible, by encryption or by other means, to some or all data exchanged between them.
- The recipient of a transfer so protected should assure that at least the same level of protection is applied for any further transfer.
Article 10: Storage of data
- Each party should ensure that a complete trade data log is maintained of all transfers as they were sent and received, without any modification.
- Such trade data log may be maintained on computer media provided that, if so required, the data can be retrieved and presented in readable form.
- The trade data log referred to in paragraph (a) of this Article should be stored unchanged either for the period of time required by national law in the country of the party maintaining such trade data log or for such longer period as may be agreed between the parties or, in the absence of any requirement of national law or agreement between the parties, for three years.
- Each party shall be responsible for making such arrangements as may be necessary for the data referred to in paragraph (b) of this Article to be prepared as a correct record of the transfers as sent and received by that party in accordance with paragraph (a) of this Article.
- Each party must see to it that the person responsible for the data processing system of the party concerned, or such third party as may be agreed by the parties or required by law, shall, where so required, certify that the trade data log and any reproduction made from it is correct.
Article 11: Interpretation
Queries regarding the correct meaning of the rules should be referred to the International Chamber of Commerce, Paris.
The official ICC Brochure containing the text of the UNCID may be obtained from the ICC Secretariat, 38 Cours Albert Ier, F-75008 PARIS.