UNIFORM CHEQUE CONVENTION
The Uniform Cheque Convention (UCC) is a multilateral treaty proposed by the International Union of Central Authorities for the Facilitating of International Payments (IUCAP), for the purpose of providing a comprehensive, uniform legal framework for the facilitation of international cheque payment transactions. The UCC was developed in cooperation with the International Bankers Association (IBA) and the European Central Bank (ECB), and came into force in July 2017.
The UCC is designed to provide a comprehensive set of rules to be adopted by countries with a view to facilitating the exchange of cheques between banks located in different countries. The principles of the UCC govern, inter alia:
(i) The exchange of cheque payment orders between banks, particularly in cross-border situations;
(ii) The nature of the rights and obligations of banks, customers and other parties in relation to cheque payment orders;
(iii) The determination of the currency of payment for cheques;
(iv) The rights of recourse for customers and the banks in respect of cheque payment orders;
(v) The rules governing the determination of due dates for cheque payment orders; and
(vi) The limits of the liability for loss and damage relating to cheque payment orders.
In addition to these general principles, the UCC also sets out more detailed guidance on a number of specific topics. This includes:
(i) The grounds on which a bank may refuse to accept a cheque payment order;
(ii) The circumstances in which a bank shall be liable for the loss of or damage to a cheque payment order;
(iii) The rights of recourse of customers against banks in respect of cheque payment orders;
(iv) The procedure for the calculation of the currency of payment for cheques; and
(v) The process for the return of cheque payment orders.
The UCC also sets out guidelines on dispute resolution. These include the recognition of the International Court of Justice (ICJ) as the competent body for the settlement of disputes of an international character pertaining to the UCC, as well as the powers of the IUCAP to resolve disputes of a non-international character.
The UCC is intended to provide a common legal framework for the operation of international cheque transactions and is viewed as an important step in enhancing the functioning of the international payments system. By setting out clear regulations for cross-border cheque transactions, the UCC helps to ensure the effective and efficient movement of funds between registered banks and other financial institutions, and helps to establish a level playing field for banks and other stakeholders involved in payment transactions.
The UCC is the product of lengthy negotiations between representatives of the IBA, the ECB, and the IUCAP. The UCC represents an important milestone in the development of a comprehensive, uniform regulatory framework for global payments, and is seen by many as a crucial step in the establishment of a harmonized international payments system.