企业涉外活动中，如何做好履约保函的翻译

所谓履约担保，是指发包人在招标文件中规定的要求承包人提交的保证履行合同义务的担保。 履约担保是工程发包人为防止承包人在合同执行过程中违反合同规定或违约，并弥补给发包人造成的经济损失。履约担保（Performance Guarantee）

以下是青岛交通银行的履约保函翻译件，以作交流学习之用。

Performance Guarantee

Beneficiary:

PERFORMANCE GUARANTEE No.:

According to No. Contract (hereafter referred to as “Contract”) signed between you and the applicant______ (hereafter referred to as “Applicant”) in contract-signing place on the day of , 20 , we, the Bank, hereby issue the Performance Guarantee in favor of the beneficiary, and undertake to pay you any sum or sums not exceeding in total an amount of _________________ (currency type, in words), i.e. ％ of contract value, to guarantee the applicant will perform the obligations under the contract on schedule.

In the case that the Applicant cannot fulfill its obligations under the Contract on schedule, we will pay the amount recorded in the notice of claim to you within 7 bank working days upon receiving the documents that conform to the following conditions. However, the amount of one single claim or the total amount of all claims in the notice(s) of claim(s) shall not exceed the maximum amount of this Performance Guarantee. The responsibilities of our bank under this Performance Guarantee are subject to the maximum guaranteed amount.

Claim documents: (1) Notice of Claim signed by the legal representative of your party or authorized representative by this legal representative; (2) Statement of Default signed by the legal representative of your party or authorized representative by this legal representative;

The maximum amount guaranteed under this Performance Guarantee shall be reduced automatically and progressively as the completion percentage of the Contract increases. Our responsibilities under this Performance Guarantee shall not exceed ％ of the amount that equals to the obligations not fulfilled under the Contract. The completion progress of the Contract shall be subject to the certificate we receive issued by independent third party.

This Guarantee takes effect on the date of being signed, and expires on the day of , 20 . Any claim must be received by us before or on the expiration date. After the expiration date, whether the original copy of this Guarantee is returned to us or not, this Guarantee becomes invalid automatically.

Without our written permit, the guarantee obligations of us shall be ceased if you and the applicant agree to modify the Contract or the appendixes thereof.

Without the consent of our Bank, this Guarantee shall not be transferred.

This Guarantee is subject to Chinese laws. Any disputes under this Guarantee shall be under the control of the local court in the place where our bank is located.

Bank of Communications Branch

Legal Representative or Authorized Representative

day of , 20 .

我国《担保法》、《建筑法》、《合同法》、《招标投标法》等法律对工程担保都做了原则上的规定，具体操作上必须建立符合建筑业和工程建设特点的配套法规及部门规章，使得工程担保制度有法可依，有规可循。

引入国际惯例“欺诈例外原则”以对履约保函项下的欺诈进行防范和控制。同时使银行有权以此作为抗辩拒绝付款，这符合合同诚实信用原则。我国合同法将欺诈规定为一种可撤消的法律行为，因此，我国的司法实践完全有可能采纳这一原则。

青岛必赢翻译有限公司

2019年4月10日