Avoidance Of Bill Risk And Risk Of Foreign Exchange Receipt

The original bill of lading is intended to refer to the bill of lading later than the arrival of the goods at the port of destination. Since the International Chamber of Commerce "uniform customs and Practice for Documentary Credits" stipulates that banks refuse to accept documents submitted after late presentation of letters of credit, some late bills of lading are also included in the overdue bill of lading. But in essence, the real overdue bill of lading should mainly refer to the former.

Because banks refuse to accept late Letter of credit In case of such a situation, the seller's foreign exchange receipt will lose the bank's credit protection. In the actual business, the buyer often requests that the terms of the sending order should be added in the letter of credit, for example, "the beneficiary should send the 1/3 original bill of lading by express mail within 3 days after shipment, and the postal receipt will be included in the attached document together with the original 2/3 order to be sent to the bank for negotiation." If the exporter accepts such terms, the exporter himself will bear a great risk of foreign exchange collection. Because the seller's delivery and the buyer's payment is the convection condition of the contract. Once the seller delivers the original bill of lading, it means that he automatically transfers the right of goods to the buyer and relieves the restriction that the buyer must pay. If the buyer's credit is not good enough, the seller will be faced with the risk of two empty loans. In short, if the bill of lading is not handled well, it will easily bring risks or losses to both parties.

　　 First, try to avoid "overdue" bill of lading.

1, if the bill of lading is later than the time limit stipulated in the letter of credit, it can be avoided from two aspects.

First, it is required to extend the time limit for presentation of documents, usually within 15 to 21 days after shipment, so that the seller has enough time to prepare the documents for presentation.

Two, as a seller, the company should actively cooperate with the shipping company and obtain the full set of documents required by the bill of lading and other letter of credit as soon as possible after delivery. In actual business, it often results in the delay of time due to the poor coordination between the consignor and the shipping company, such as the low efficiency of the shipping company, the delay in issuing the bill of lading time, or the printing error in the contents of the bill of lading, resulting in the need to change or replace the bill, or the bill of lading is sent to the sender after the issuance of the shipping company. In this case, the seller should prepare all the documents that may be obtained before shipment, and choose the shipping company which has good reputation and better service. When the consignment is checked, the shipping company should clearly inform the shipping company of the contents of the bill of lading, and urge the shipping company to issue a qualified full set of bill of lading as soon as possible after shipment. In order to be cautious, in practice, a company even dispatched a special person to check the contents of the bill of lading at the scene of the ship company and retrieve the documents so as not to change the time delay and risk caused by changing the bill of lading or the transmission process.

2. If the bill of lading is later than the arrival of the goods at the port of destination, it will speed up the time when the bill of lading is delivered from the seller to the buyer.

First, the seller must obtain the bill of lading and other documents as soon as possible after delivery. Secondly, after obtaining the full set of documents, the seller should send it to the buyer or bank at the first time (depending on different settlement methods) and ask the bank to issue the order as soon as possible.

　　 Two, if the bill of lading is "overdue", it will be difficult to avoid, especially in the case of near ocean transportation, to solve this problem, the international practice usually has the following kinds of practices. However, each way has its own shortcomings and inconveniences. Therefore, the parties to trade need to weigh the advantages and disadvantages seriously.

1. Business contract Or the L / C stipulates that "overdue bill of lading is acceptable" (StaleB/Lisacceptable). This approach is beneficial to the seller.

2, the seller and the buyer have agreed in advance that after the goods have been shipped, the seller will send an original bill of lading to the shipping company to carry the goods to the destination for the issuing bank or the collecting bank, and the importer will receive the payment from the bank and then extract the goods from the shipping company. This is somewhat similar to the D/P in collection, but it still needs the cooperation of the shipping company.

3, guarantee delivery. When the goods arrive at the port of destination, the importer will apply to the issuing bank for the application of the bill of lading. The issuing bank, after examining the relevant information provided by the importer, will issue a certificate of guarantee to the shipping company after the importer has provided the deposit required by the bank, and the shipping company will forward the goods to the importer on the basis of the bank guarantee. Then the issuing bank is responsible for making the original bill of lading to the shipping company and exchanging it with the bank guarantee certificate. In this way, the importer can obtain the goods early, but because the importer needs to submit a high margin (depending on the credit status of the importer, the general bank will ask for 100% of the deposit price), resulting in the pressure of funds and adverse turnover.

4. Electric discharge pick-up 。 After receiving the consignee and shipping company's consent, the consignee requests the shipping company to allow the consignee to take delivery of the goods at the port of destination with the copy of the bill of lading and the letter of guarantee issued by the consignee to the shipping company. Meanwhile, the consignee promises to return the original copy to the shipping company within the time stipulated in the guarantee letter and return it to the shipping company. In this way, the shipping company will bear certain joint risks and responsibilities. When there is a trade dispute between the buyer and the seller, the shipping company will be implicated and risked being arrested and prosecuted. Therefore, the shipping company generally takes a cautious attitude towards this way.

5, add a protective clause in the letter of credit. In the letter of Credit stipulates that the 1/3 original bill of lading is directly consignee, the consignee can only refrain from paying the full three original bills of lading after the withdrawal of the bank. This practice is a common way at present, which can ensure the consignors receive the money safely and at the same time facilitate the consignee to receive the goods in time. However, this way will cause many inconvenience to the consignee's reasonable refusal to pay. When the consignor intentionally breaks the contract, the consignee can not refuse to pay the full amount of the original bill of lading in time to protect his own interests. Therefore, the consignee should consider carefully before deciding whether to accept such a clause.