Home >

Import And Export Enterprises Should Guard Against Illegal Foreign Goods Trap.

2010/10/29 9:29:00 47

??? 日本語 Fran?ais English 中文

Freight Forwarders For Export Enterprises

80 thousand dollars.

In January of that year, D industrial company fax asked A textile company to liaise with the C pport company of B branch for the declaration and delivery of the goods.

At the same time, E logistics company fax to entrust C pport company arrange shipment.

After that, A delivered the goods involved to the C pport company according to the contract stipulations.

The latter then shipped the goods to Hongkong according to the entrustment of the E logistics company.

The bill of lading reads: the shipper B pport company, consignee E logistics company.

After the goods are shipped, the C pport company instructs the carrier to deliver the goods to the E logistics company.

Afterwards, A textile company sent a letter to C and B two, saying that the textiles shipped by C pport company were removed by foreign businessmen for 8700 yards, and the remaining part was required to be returned for foreign reasons.

A Hongkong branch of a bank of acceptance will refund the certificate of exchange on the basis of the discrepancy of the customer's certificate.

In this way, although A textile company holds the original bill of lading, it can not get in touch with the E logistics company, resulting in the loss of the goods involved.

It was also found that E logistics company was not registered in Hongkong.

At the end of 2003, the S maritime court tried to presumption that the C pport company was the carrier.

There is actually a contractual relationship between A and C for carriage of goods by sea.

The C pport company, based on the instructions of E logistics company, delivers and sells the goods to the logistics company, resulting in the loss of the goods.

Since C is a branch of B pport company, its civil liability should be borne by B pport company.

It was decided that: 1, B pportation company compensated the A textile company for the loss of RMB 2 million 215 thousand yuan and interest; 2, the other complaints of A textile company did not support.

B pportation company refused to appeal.

S high court thinks: A textile company can not prove that C pport company is the carrier of the contract of carriage of goods by sea. Therefore, C pportation company has no obligation to check the E logistics company's existence or contractual inspection obligation.

In the first half of 2004, the S high court decided to dismiss the demands of A textile company.

Beginners should be cautious when taking the road.

Over the years, Chinese shippers have been

Exit

The goods are specified under the terms of FOB.

Abroad

Without a carrier, there is no fear of being frightened.

Because the owner of the goods delivered to the NVOCC often means the loss of cargo rights. Unless the payment has been received by T/T, there is no trap clause in the letter of credit, and there is no evidence that the credit condition of the client is reliable.

New changes have taken place in today's situation.

New "

Foreign Trade Law

After its entry into force, the import and export operation right is registered, and the freight forwarding industry also implements the registration system in accordance with the administrative licensing law.

These enterprises are going to take part in new businesses. Of course, they must strive to develop their businesses and make achievements.

Domestic freight forwarders, regardless of whether the overseas freight forwarders are black or yellow, can spare no effort to provide convenience for themselves as long as they can make money for themselves. Importers and exporters lack experience in international trade and are not familiar with trade risks and become the main targets of foreign fraudsters aiming at them.

It is understood that the voice of standardizing the operation of foreign NVOCC and safeguarding the rights and interests of owners of goods has never ceased. The former Ministry of foreign trade and Economic Cooperation issued the notice on avoiding the risk of delivery of goods without lading in 2000. The third point in the article is: "if foreign businessmen still insist on the generation of designated foreign goods, they must strictly follow procedural procedures in order not to affect exports. That is to say, the bill of lading designated for overseas freight forwarders must be entrusted to the freight forwarders authorized by our department to issue and master the control rights of the goods. At the same time, the freight forwarding enterprises issuing the bills of lading will issue a letter of guarantee, which promises that the goods will be delivered to the port of destination after the original bill of lading issued by the bank under the letter of credit, otherwise they will be liable for the compensation of the goods without delivery."

At this time, the industry and government departments have reached a consensus that we should strengthen the management of freight forwarding bill of lading.

In January 1, 2002, the People's Republic of China maritime pport Ordinance was formally implemented, and the operation and operation activities of NVOCC were standardized.

Both domestic and foreign NVOCC have to apply for registration of bills of lading and payment of security deposit (by the competent authorities of the state, which can be exempted from a financial guarantee implementation agreement).

Article twenty-ninth of the implementing rules of the international maritime regulations stipulates that the shipping companies do not accept the "goods or containers" provided by the unregistered NVOCC, and the twenty-seventh qualified NVOCC and the shipping agent shall not "issue B / L for their agents".

In this way, illegal foreign carriers are not allowed to operate.

Although these laws and regulations have theoretically fulfilled the wishes of the shippers, they will give our shippers a safe pportation environment.

But the reality is that in China's shipping market, unregistered NVOCC is still booking shipping smoothly, issuing their own bills of lading. Who provided them with convenience and activity space?

Therefore, the author believes that "stubborn" must be "rooted", insisting that all foreign NVOCC bills of lading are not registered in the Ministry of communications and pay security deposit. The domestic freight forwarders and NVOCC can not accept agents, which forces foreign businessmen to be unable to designate overseas freight forwarders, which can fundamentally block the door of cheating goods.