海运提单的风险及防范措施.doc

海运提单的风险及其防范措施Ocean bill of ladings risks and precautionary measures Ocean B/L in international trade has a very important position and role, this is decided by its nature. The bill of lading is the ownership certificate, which controls the bill of lading, which will have the ownership of the goods. However, in international trade, the use of bill of lading has potential risks and must be taken seriously, strict control and careful treatment, so the risks will be prevented from.（一）、The main risks of ocean bill of lading.1、Ante-dated and advanced B/L. On board B/L shall be issued after all the goods have been loaded. The issuing date must be true, because of the issuing date of B/L is regarded as shipping date. If the B/L is issued in the shipping date, and the issuing date is earlier than the actual shipping date, it is the Ante-dated B/L. If the goods are not entirely shipped or the goods have been taken over by the carrier and no shipment, it is Advanced B/L. 2、Counterfeit bill of lading. Some unscrupulous businessmen use the characteristics of credit of documents transaction, strictly conform to forge B/L for the payment. It is possible that the goods are unshipped or shoddy, just for cheating customers. 3、To exchange the letter of indemnity for Clean B/L. In international trade, for smooth settlement, the shipper always issues the letter of guarantee in the condition of bad appearance of goods for exchanging for the clean bill of lading. It plays an active role in promoting smoothly shipping and avoiding economic losses. But the legal effect of this letter of guarantee has not yet been approved by international trade and do not have unity cognition in international trade, so it is obstructive to the smooth development for international trade letter of guarantee4、Release the goods without original bill of lading.Release the goods without original bill of lading refers to the carrier or his agent or forwarding authorities or warehouse supervisor in the condition of no original bill of lading ,according to the recorded consignee or notifier with the duplicate bills of lading or the copy of B/L to release of goods by adding letter of guarantee.（二）、 The prevention measures of the risks of B/L.1、Calculated or Strict control Ante-dated and advanced B/L. It will be harm to foreign enterprise image and Sinotrans company credit, and may bring economic losses. At present, port congestion and sailing date inaccuracy are objective conditions .Export company should have full consideration about these factors, such as signing, booking and delivery . At the same time, you should strengthen the management of each link in contract and the corporation with relevant departments. If necessary, it is brilliant to obtain the cooperation with customers beforehand. If advanced B/L is the only choose, you should pay attention to prevent the different vessel name for the actual loading vessel and the advanced B/L vessel .If once occurred that no freight space or delay shipping, and need to ship in another vessel, it shall take emergency measures and decisively seek back the full set of documents. Then fill it again without fluke mind. To prevent the advanced B/L, Exporters should have a precise reorganization about the regulations with shipping date. For example, Below are some terms about shipping date in foreign credit : (1) Latest 31 ,May , namely, the latest is no later than May 31, including May 31; (2)Not later than May 31, namely, not later than May 31, including May 31,;(3) During first half of May , from May 1 to May 15 , including the beginning and ending days;(4) Within May, namely during May ,from May 1 to May 31, including the beginning and ending days,;(5) at the end May ,from May 21 - May 31, including the beginning and ending days; (6) On or Before May 31, namely ,before May 31, including May 31,;(7) On or about May 31 ,the before and after 5 days of May 31, namely ,the days from May 26 to June 5.2、To print and use the bill of lading which can not forge .The international maritime bureau proposals that printing and using the bill of lading which can not forge, controlling its circulation and preventing the emergence of forge B/L.3、Choose good credit trading partner. In international trade, the prerequisite for doing business smoothly is to fully understand customers credit .The good credit includes two aspects, the first is having good asset circumstance, considerable assets, operating smoothly and having performance ability; the second is to carry out the principle of honesty credibility and will not cancel contract at will.4、Paying high attention to sign the B/L. Credit business is pure transaction of documents, the only condition that bank assumes its payment responsibility is the beneficiary submit the documents which accord with the terms of the l/c .as long as the documents surface meet the conditions of Only documents, the bank will assume payment, regardless of the documents are false or not. If the documents have discrepancies, the exporter will lost banks guarantee about collect safely and timely, and the importer will also result in different degree of loss.5、Choose reliable shipping company for shipment. According to the present shipping situation, it is uneasy to ban the use of guarantee completely. So it is very important to choose reliable carriers.6、Using the means of law actively and asking for maritime judicial protection promptly. When seeking maritime court protection ,you should pay attention to two aspects .The first , when you find the signs of fraud from your partner, you should promptly preferred the