Who can help list the soft terms of several letters of credit?

The common soft clauses are as follows: ① A letter of credit that is not effective for the time being, which becomes effective after the import license is issued or the sample is confirmed by the issuer; ② The shipping company, name of the ship, port of destination, port of departure or surveyor, and date of shipment shall be notified by the issuing bank or approved by the issuing bank, and the issuing bank shall notify it in a modified form: ③ The payment obligation shall not be fulfilled until the goods arrive at the port of destination and pass the inspection by the importer; (4) The designated beneficiary must submit the inspection certificate issued by the foreign inspection agency or the certificate issued by the designated representative of the applicant. This kind of fraud often occurs in CFR/CIF contracts. L, the contract "trap"

Contract trap is the most common one. Trappers often use contracts and use the signboard of "law" to lure each other into the trap. Its manifestations are as follows: ① Business card (fraud) subject: one party to the contract has no registered capital and cannot provide business license and legal person qualification certificate, but only personal business card (indicating company, position, mailing address, telephone number, etc. This kind of businessman is not qualified and often uses companies from Southeast Asia, Hong Kong, Macao and Taiwan. (2) Change of terms: the main terms of the contract are changed, and fraudsters suggest that a third party should perform the contract instead of themselves for various reasons, and the deceived party is often easy to agree and fall for it; Change the terms of contract transportation, and change liner transportation into charter transportation; Change the payment method, change the payment by letter of credit to collection or remittance; To change the inspection terms, it is required to change to a foreign inspection agency. (3) No written contract has been signed: the trapper argues that foreign trade companies need not worry about the absence of a written contract on the grounds of Article 1 1 of the United Nations Convention on Contracts for the International Sale of Goods, as long as both parties agree. (4) Terms of use: In the practice of international trade, many traps use some imperfect terms to cheat, mainly in the following terms: quality terms, claim terms, guarantee terms, liquidated damages terms, etc. , and set traps.

3. The documentary "Trap"

At present, in all aspects of import and export trade, documents are the main basis and evidence in business processes. It is precisely because of this feature that trap makers make great efforts to make a fuss about the truth, but in the practice of foreign trade and economic cooperation, traps generally falsify more on the following documents: first, export declaration forms; The second is the foreign exchange memorandum; The third is the contract; Fourth, bills of exchange and promissory notes; The fifth is the bill of lading. Others forge a set of documents that meet the requirements of the letter of credit, so that banks can pay unconditionally because the documents appear to be consistent, thus achieving the purpose of fraud. This is a high probability fraud means. According to UCP500, the beneficiary should submit commercial invoices, bills of exchange, transport documents (including ocean bills of lading, railway bills of lading, air bills of lading, receipts for goods carried), etc. Among them, the ocean bill of lading is the most important document, as well as the customs declaration, foreign exchange memo and verification form in China's import and export management, which are all important documents. Fraudsters forged contents, set up fake companies to issue fake documents, and some even forged letters of credit by splicing and altering.

Such forged documents, if unrecognizable by foreign trade companies, are often deceived and fall into the "trap" of documents, and it is too late to regret.

4. Transport "Trap"

The trap of import and export trade and transportation is the most difficult for people to see through. Because ocean transportation and multimodal transportation have many links, long periods and complicated procedures, most of the passengers arrested collude with small shipowners or transportation agents with bad reputation, forge transport bills of lading to defraud domestic payment in the name of importing bulk raw materials from China or bulk goods urgently needed in China, and then run away. There are also fraud through counter-signing and pre-lending bills of lading, charter party fraud, transshipment fraud, shipowner abuse of exemption clauses fraud, marine insurance fraud and so on. Their fraud is international, complex and sensitive. Because there are many transportation links, involving complex legal and professional technical knowledge, some companies make decisions by luck without consulting lawyers, or trust some transportation agents with bad reputation, and they are often deceived.

Step 5 solve the "trap"

Export: At present, many unscrupulous businessmen often delay the settlement of foreign exchange on the pretext that the market situation is not good and they need time to promote sales. For example, the letter of credit is changed to D/P and D/A after several shipments. Once the exporter accepts D/P or D/A forward payment or consignment, although the other party claims to pay the deferred interest voluntarily, it is essentially an unscrupulous businessman waiting for the goods to arrive in Hong Kong, if the market is not good. Others said that a letter of credit could be opened, but it was very slow. After being urged by foreign trade companies several times, tell them that "the letter of credit has been opened and you can ship the goods first." At this time, the delivery date is coming. When they received the letter of credit, they found that many terms were inconsistent and had to change it to remittance (remittance is just a commercial letter of credit). At this time, the payee recovered the original bill of exchange that was not sent, which caused losses to the foreign trade company.

On the import side, the other party suggested that foreign trade companies should open letters of credit and cheat foreign exchange by making fake imports.

In processing trade, many other methods are used to extract and defraud funds.

6. Tax refund "trap"

In the import and export business, tax rebate has always been a high-incidence link. Traps often seize the export commodities with higher tax rebate rate and deceive foreign trade companies with non-tax rebate as bait, which makes many foreign trade companies fall for it. Some require fast tax refund or only half of the tax, requiring foreign trade companies to pay taxes first, and at the same time saying that the documents are complete and no problem. Because fraudsters can generally provide VAT invoices (but they are all false and difficult to identify), payment books and so on. Foreign trade companies have psychologically reduced their awareness of prevention. Of course, the tax refund trap is set by the trapper with supporting institutions, such as specialized "sales companies", specialized "institutions providing VAT invoices" and specialized "personnel", which are connected in parallel and are difficult to identify.

Third, the method of identifying traps.

These traps in the operation of import and export business have the same purpose, that is, to cheat money. Although these fraudulent means are clever, there are always some flaws, which are unlikely to be perfect. As long as our foreign trade companies and enterprises are vigilant and master the methods of identifying traps, they can completely avoid falling into traps. The following author summarizes seven identification methods from the practice of import and export business for your reference.

1, authentication of merchants

This recognition is the most important recognition in import and export business. The "authenticity" audit is to put an end to the "four self-deficiencies" business and the false business trap. How to control authenticity? The author believes that: ① there must be "five haves", that is, in export business, there are sellers, buyers, corresponding products, factories producing products and transporters; In the import business: there are sellers, buyers, products, transporters and end users; There is the original agency import agreement under agency import. ② In business operation, there are generally standardized operating procedures and rules, and banks also participate. This kind of business is mostly self-employed. ③ Not the same person (even for agency business, the buyer, the seller and the transporter are not the same person).

2. Contract identification

In the import and export business, if it is difficult to identify the authenticity, and the other parties collude with each other and repeatedly emphasize the authenticity, foreign trade companies can sign strict contracts to identify each other, such as quality terms, certification terms, price terms, inspection terms, claim terms, payment terms, transportation terms, and detailed specifications. And require the other party to have a document or power of attorney signed by the legal representative. It is particularly important to emphasize that the signing place is in this area.

In the import contract, the quality standards, evaluation clauses, protection clauses, inspection clauses and transportation requirements of imported goods are emphasized. There should be strict arbitration clauses in export contracts; The exporting country shall be designated as the arbitration place for dispute settlement. Note that a written contract must be signed in the import and export, because the written contract is definite, warning, open and has the role of evidence. Some fraudulent acts are bound to show defects in written contracts, and foreign trade companies can identify them in time when signing contracts.

3. Credit investigation and identification

It is very important to choose trading partners in import and export trade. Be sure to carefully examine the authenticity of the other party's identity and find out the other party's credit status. If you look at the original and copy of the business license and verify the authenticity of the original and copy at the same time, you can go to the local industrial and commercial administration and tax authorities through legal channels to find out whether their business activities are still being carried out legally. There are also goods/registered capital/legal address, etc. It is also necessary to examine the authenticity and performance ability of the other party's asset credit and understand its basic accounts and business activities. Such as production and processing capacity, export license, raw material supply, goods supply, etc. The credit status of the parties concerned is related to their ability to assume debt liabilities and their sincerity in performing the contract. In the determination of credit investigation, the subject qualification should be clarified. If the other party appears as a natural person, or as a legal person or an economic organization without legal person, or as a legal representative, or as an entrusted agent. Identification methods can also be used: ① bank inquiry; ② Inquiries of overseas institutions; ③ industry inquiry; (4) Inquiries of import and export chambers of commerce; ⑤ Inquiries from relevant institutions, etc.

4. High-tech appraisal

High-tech mainly uses electronic technology for detection and analysis. One is to identify all kinds of important documents forged by fraudsters, such as forged documents, which are generally characterized by uneven color, incomplete and unclear fine lines, distorted patterns, patterns and lines, uneven thickness or differences, and complicated and easily blurred patterns. Although some forged documents are also made with some precision instruments, it is difficult for the naked eye to distinguish the authenticity, but through electronic technology analysis, it is easy to appear the phenomenon of fine lines "leaking white". In the identification of watermark, the forged document looks at the light and can't see the level of the image, so the real document watermark looks clear and naturally layered; Under ultraviolet irradiation, the fake document watermark has fluorescence, while the real document watermark does not emit light. Second, under the condition of electronic network of import and export trade, all kinds of information and data of the parties can be quickly fed back, which are mastered and recognized by the departments of industry and commerce, customs, taxation, foreign exchange and banking.

5. Risk avoidance identification

It is very important to avoid risks in the practice of import and export trade. For example, in the sale of complete sets of equipment with a huge amount of money and the trade of partial delivery, importers should try their best to use revolving letters of credit to avoid risks. Generally speaking, fraudsters will definitely oppose the use of revolving letters of credit, because this way can make the final payment happen after the equipment is properly installed or the goods are delivered, thus ensuring that the quality of the goods provided by exporters meets the requirements of letters of credit. When opening a letter of credit, do not open a transferable letter of credit and avoid using a free-flowing letter of credit. It is necessary to elaborate on the terms of the letter of credit. Exporters can consider using confirmed letters of credit as much as possible and choosing international trade terms correctly. In order to prevent letter of credit fraud, exporters should try to use Group C trade terms (such as CFR, CIF, CPT, CIP, etc.). ) and importers should try to use Group F trade terms (such as FCA, FAS, F0B, etc.). ). In the process of trading, chartering and booking shipping space, we should avoid dealing with the owners of flag vessels of convenience with the nature of "leather bag company", and at the same time, we should pay attention to not renting and booking old ships, and choose a ship type suitable for the characteristics of the goods to ensure the safety of the goods in transit. In addition, it is necessary to strictly examine documents, strengthen the identification of fake letters of credit and "soft clause" letters of credit, and suggest amending letters of credit once found.

6. Psychological identity

In actual business, there is also psychological warfare between the trap and the deceived, which requires the business personnel of our foreign trade company to grasp their own psychological activities and identify or elicit the actual psychology of the other party through their own psychology. Because in the import and export business activities, the business personnel of some foreign trade companies often have a psychology of winning, profit-driven, as long as they don't move funds, there is no risk, pursuing perfection, and celebrities are the psychology of credit. These psychology are often mastered by trap-setters, who use various means to confuse the business personnel of foreign trade companies and lead them away. Then the business personnel of foreign trade companies should understand their own psychology, and also understand each other's psychology, so as to "know yourself and know yourself". Generally, people's psychology is not to reveal flaws, to create suspense, to confess themselves, to force themselves, and to forge themselves. At the time of appraisal, the business personnel of foreign trade companies can ask whether they can counter-guarantee, so as to test each other. If the other party raises different opinions, you can counter the other party. If the other party requests to change the terms of the letter of credit or the terms of the contract, such as changing the terms of payment, changing the subject of the contract, changing the carrier, changing the main terms, etc. Foreign trade companies should reply in time, express their opinions, insist on not changing, and explain the reasons for not changing. In this way, we can observe each other's reaction, which is called psychological stalemate; If the other party insists on changing the language, or puts forward the language that will have consequences, relevant measures should be taken to prevent accidents, because this attitude has told us that the other party is forcing foreign trade companies to submit, so foreign trade companies should insist on it on the one hand, and strive for initiative according to the law on the other hand to prevent traps, which is called psychological procrastination. By identifying psychological stalemate and psychological procrastination, under normal circumstances, traps will be eager to expose clues.

7. Legal identification

In order to rectify and standardize the market economic order, the state has formulated a series of import and export laws and regulations. Therefore, correctly mastering and applying these laws and regulations to standardize and identify the operation of import and export business can play an active and effective preventive role. In the export business, the relevant provisions of the Foreign Economic Contract Law, the Foreign Trade Law, the Customs Law, the Product Quality Law, the Administrative Measures for the Verification of Export Receipts, the Provisions on Some Issues Concerning Tax Refund (Exemption) of Export Goods, the Commodity Inspection Law and other laws and regulations are used for comparative identification, analysis of the illegal behaviors and risks of this export business, and finally a decision is made on whether to operate. In the import business, it is necessary to compare and identify in accordance with the relevant provisions of the Foreign Economic Contract Law, the Foreign Trade Law, the Customs Law, the Interim Measures for the Supervision of the Verification of the Trade Authenticity of the Verification of the Import Payment of Foreign Exchange, and so on, so as to prevent "four leaks and three leaks" and merchants from defrauding foreign exchange in the name of import business. In the import and export agency business, we should strictly compare the provisions on agency in the Interim Provisions on Foreign Trade Agency System, Several Provisions on Regulating Import and Export Agency Business, Regulations on Foreign Exchange Management, General Principles of Civil Law and other laws and regulations. Through the application of the above-mentioned laws in practice and procedural norms, we can further identify the hidden fraudulent means of the other party, find flaws, and warn foreign trade companies to take relevant measures to nip in the bud.

In the practice of import and export business, any profit must be obtained through hard work and orderly competition of enterprises. As long as we are good at learning, diligent in thinking, brave in practice and learn to use legal weapons and other effective means, we can effectively identify traps and prevent risks.