In the process of import and export business, foreign economic and trade enterprises have ubiquitous risks and "traps." To prevent mistakes in the import and export business, we must first understand what are the "traps" in the import and export business. What are the characteristics of these "traps" so that we can learn how to identify them and thus achieve the goal of prevention?
First, the "trap" before the start of import and export business
1, acquaintance "trap"
Many foreign trade and economic companies often introduce businesses through acquaintances and friends in the face of lack of funds, brain drain, and ineffective information. These businesses, in spite of the fact that they have not proved their authenticity, have listened with confidence and reliability. Credibility rests on "acquaintances" and "friendships." These acquaintances are often confused by XX Gao Ganqin's relatives, X* foreign friends, and power of attorney. Although some acquaintances do not knowingly swindle, they are The three deceived and implicated foreign economic and trade enterprises.
2, agent "trap"
In business operations, the agency method is currently the "risk of fraud" in the area of ​​fraud risk. Many of the operations that are used for lending or affiliating are based on the use of agents to obtain the legal recognition of foreign trade enterprises. Its manifestation is: In the agent import, the principal uses the agent import contract to defraud the goods under the letter of credit; in the sight letter of credit, fraudulently obtains the issuing bank's payment, or in the forward letter of credit, accepts the bill of exchange and discounts it. In the agent export, the principal collaborated with the foreign counterparts, set soft terms in the letter of credit, and defrauded the foreign trade and economic enterprises to package loans under the letter of credit. In the re-export of processing of imported materials, the entrusting party and the foreign company used the entrusted export as bait to defraud the foreign trade company to apply for the import processing registration manual. In the above-mentioned business, foreign companies cannot follow the entire process, and foreign companies do not know how to collaborate with the client. Finally, fraud is frequently succeeded. After the incident was punished, it was a foreign trade company with the right to import and export.
3, customers "trap"
Nowadays, various operating companies are eagerly looking for customers. Because of this, some middlemen and manufacturers who have no production capacity simply seek to obtain improper interests. They seize the psychology of foreign trade companies and collude with each other to carry out joint frauds. The company introduced how reliable the customer is, and took out copies of ready-made proofs of how powerful the customers are (in fact, many are forged or borrowed from other vendors). On the basis of not making any investigations and studies, foreign trade companies have tried to extend their business to customers and have taken gullible convictions.
4, Gao Li "trap"
In the dissemination of many business information sources, the most attractive one is of course to obtain high profits and obtain substantial economic benefits. No matter which aspect comes from, the trapper always raises the profit very high and at the same time makes some seem very reasonable. The requirements and the conditions that give the other party concessions allow you to step through the traps of setting people. For example: 1 in the export business, said that every dollar can earn 2-3 yuan; 2 in the import business, said that every dollar can earn 5-6 yuan; 3 in the export tax rebate, said the tax rebate for the foreign trade company; 4 in Agents often use up to 3%-5% agency fees for chips. Driven by the idea of ​​quick success and instant profit, foreign trade companies are reluctant to abandon this rare business and relax their vigilance.
5. Benefits "Trap"
There are many business information itself that attracts foreign trade companies through various channels. Some promoters and middlemen often use “benefits†for their business staff in order to achieve the goal of closing transactions and gaining initiative as soon as possible before the foreign trade company determines to do the business. As bait, these “benefits†include how many percent of kickbacks are awarded, or promised additional compensation and treatment. When these promises are approved by the foreign trade company’s business personnel, the “business†will be executed. Once you lose someone's "benefits" trap, it is not possible to honor what you wait for after the beautiful promise is another ridicule."
6. Fund "trap"
With the commercialization of banks, the financing of restructuring foreign trade companies has become more and more difficult. Therefore, many companies generally pursue the business of not investing funds in capturing business information. The trapper who seized this mentality, and said no need to move funds, only issued a full set of documents, the funds paid by the other party, with a simple condition to induce foreign trade companies to be fooled.
Second, the "trap" in business operations
In international trade, the parties are diverse, including both multinational corporations and small and medium-sized companies in the world. They also accompanied non-substantial fraudsters and were difficult to identify on the outside. Once many businesses get their approval from both parties, the first step is completed, but some trappers generally start to hide deeper and do not reveal flaws before the business, but they set up traps in the business, and their practices are continually refurbished and constantly changing. Mainly in:
1, the contract "trap"
The contract trap is the most common one. Settlors often use the contract and lure the other party with the “legal†signboards. The form of the trap is: 1 Business Card (deception) Subject: The party to the contract has no registered capital and can not provide business proof. , legal person qualification certificate, only personal business card (labeled with company, job title, mailing address, telephone, etc.), this businessman can not be qualified, often in Southeast Asia, Hong Kong, Macao and Taiwan and other companies appear business cards, and brokers to collect their own commissions. 2 Change Clauses: If the subject of the contract is changed, the fraudster claims that the third party has replaced his own performance for various reasons. The cheated party often easily accepts and confiscates; change the terms of the contract and change the liner shipping to charter shipping; change the payment terms, Change the payment of letter of credit for collection or remittance; change the inspection terms and request it to be replaced by a foreign inspection agency. 3No signing of a contract: The trapper is based on Article 11 of the UN Convention on Contracts for the International Sale of Goods, and eloquently stated that foreign trade companies need not worry about no written contract, as long as they agree. 4 Terms of Use: In international trade practice, many trappers use fraudulent terms to create imperfect terms in some terms, mainly in the following terms: such as quality clauses, claims clauses, warranty clauses, breach of contract clauses, etc. Wait, set the trap.
2. Credit "trap"
The settlement of letters of credit is the main method of international trade settlement. Some foreign customers use trust letters to obtain trust because they often cover up foreign trade companies. Some foreign trade companies are often trusted by L/C when they do not understand each other's creditworthiness. "Ignore preventive measures. The trapper set a clause in his letter of credit. Whether this kind of clause can be achieved depends entirely on the issuer, and the beneficiary is inevitably refused to pay no matter what kind of efforts he makes. This is the "trap" for using fraudulent "soft clauses" for fraud.
The following types of common soft clauses are available: 1 The letter of credit is not yet valid, pending the issuance of the import permit, the notice shall become effective or the sample shall be confirmed by the issuer and then the letter of credit shall be effective; 2 the shipping company, name of the vessel, port of destination, port of destination Or the inspector and the date of shipment must be notified by the issuer or with the consent of the issuer. The issuing bank will notify the other in the form of an amendment: 3 After the goods arrive at the port of destination, they will perform payment responsibilities after inspection by the importer; 4 Designate benefits A person must submit a certificate of inspection issued by a foreign inspection agency or a certificate issued by a representative designated by the applicant. Such frauds often occur in CFR/CIF contracts.
3, the document "trap"
At present, in all aspects of import and export trade, documents are the main basis and evidence in the business process. It is precisely this characteristic that trappers are tempted to make a fuss and make a fuss about whether they are genuine or not, in order to confuse the truth, in the practice of foreign trade and economic cooperation. , Set up in general in the following documents more counterfeiting: First, export declarations; Second, foreign exchange water list; Third, the contract; Fourth, drafts, promissory notes; five is the bill of lading. The counterfeit set of documents and the letter of credit requirements are in line with each other, so that the bank meets the unconditional payment due to the appearance of the documents, thus achieving the purpose of fraud. This is a fraudulent method with a high probability of occurrence. According to the "UCP500" regulations, beneficiaries must submit commercial invoices, bills of exchange, transport documents (including bills of lading, rail transport bills of lading, air waybills, and receipts of the goods). Among them, the ocean bill of lading is the most important document. The customs declarations, foreign exchange orders, and verification forms in export management are all important documents. Fraudsters falsified content, set fake companies to issue false documents, and some even cut through, altered fake letters of credit, etc.
Such forged documents, such as foreign trade companies can not identify often deceived, lost the person's "trap", regret it.
4, transport "trap"
The “traps†in the import and export trade transportation link are the most difficult to see. Because of the numerous links, long-term cycles, and complicated procedures involved in ocean transportation and multimodal transport, some trapped people mostly import large quantities of raw materials or urgent domestic needs. Commodity name colludes the boat that the reputation is not good The east or transport agent forges the transportation bill of lading to swindle the domestic payment, then runs away. Some of them also used fraudulent bills of lading and pre-lending bills of lading, fraud in charter parties, diversion fraud, shipowners' abuse of exemption clause fraud, and marine insurance fraud. The common feature of their fraud is internationality, complexity and sensitivity. Due to the large number of transportation links, involving complicated legal and professional technical knowledge, some companies are not lucky enough to consult with lawyers for decision-making, or believe that some bad-faith transport agents are often deceived.
5, settlement "trap"
On the export side: Many unscrupulous traders nowadays often have poor market conditions, need time to sell their products, and use revamping methods to delay settlement time. For example, L/C has changed several shipments to D/P and D/. A. Once the exporter accepts the D/P or D/A forward payment method or consignment method, although the other party claims to pay the extension interest on a voluntary basis, the unscrupulous trader, after waiting for the goods to arrive in Hong Kong, shall apply for refusal if the market is not good. pay. Some said that they could open a letter of credit, but delays, and after several rushes by foreign trade companies, they told them that "the card has been issued and can be shipped first. At this time, the shipping schedule is approaching, and after the receipt of the letter of credit, more If the terms do not match, they have to change the remittance (remittance is only a commercial credit). At this time, the trapped person withdraws the original bill of exchange that has not been sent, causing losses to both foreign and domestic companies.
In terms of imports, the other party proposed that foreign companies should issue permits and use fraudulent imports to defraud.
In terms of processing trade, many other methods are used to set up fraudulent funds.
6, tax rebate "trap"
In the import and export business, the tax rebate is a high incidence of trapping. Settlors often seize export products with higher tax rebate rates, so as not to use tax rebates as bait, blinding foreign trade companies, making many foreign trade companies fooled, and others The tax refund is made as fast as or as long as half of the tax, and the foreign trade company is required to advance the tax payment. At the same time, it indicates that the document is complete and there is no problem. Because fraudsters generally can provide value-added tax invoices (but open, difficult to make people difficult to identify), payment books, so that foreign trade companies in the psychological reduction of awareness. Of course, the tax rebate trap is set up by the trapping people with supporting institutions, such as specialized “sales companiesâ€, special “organizations that provide value-added tax invoices,†and special “personnelâ€, and they are linked together to form a ring and make people Difficult to identify.
III. Methods of identifying traps These pitfalls in the operations of the import and export business have a common goal. They are the fraudulent money. Although these frauds are smart, they always reveal some flaws. The possibility of seamlessness can be avoided. Many, as long as we foreign trade companies and companies to increase vigilance, master the method of identifying traps, it is entirely possible to avoid mistakes into the trap, the following author from the practice of import and export management to sum up seven kinds of identification methods for your reference.
1. Business Authenticity Recognition This identification is the most important identification in the import and export business. "Authenticity" audit is to eliminate the "four sincerity" business and eliminate false business traps. How to stay authentic? I believe that: 1 should have "five", that is, in the export business, there are sellers, buyers, there is a corresponding product, there is a factory producing products, there are transporters; in the import business: a seller, a buyer, a product , There are transporters, there are end-users; agent imports under the original agent import agreement. 2 In business operations, there are generally standardized operating procedures and rules, and there are banks involved. This type of business is mostly self-operated. 3 Not the same person (even the agent business is not the same as the buyer, seller, or shipper).
2. Contract identification In the import and export business, if it is difficult to realize the recognition of authenticity, the other party complicates and cooperates with each other in several aspects, and repeatedly emphasizes the authenticity. However, if the foreign trade company wants to try it, it can take rigorous signing. The contract identifies the other party, such as a quality clause, a certification clause, a price clause, an inspection clause, a claim clause, a payment clause, a transportation clause, a detailed specification, and a requirement. And ask the other party to have a legal representative or a bookmarked document. Special emphasis should be placed on signing up in the region.
In the import contract, emphasis is placed on certifying the quality standards, assessment clauses, protective clauses, inspection clauses, and transportation requirements of imported goods. There must be strict arbitration clauses in the export contracts; the exporting country should be set up as an arbitration place for resolving disputes and disputes. Note that written contracts must be signed for import and export, because written contracts are deterministic, cautionary, open, and have evidence. Some frauds will definitely show flaws in written contracts, and foreign trade companies can identify them in time when signing contracts.
3. It is very important for credit investigation to identify the trading partners when importing and exporting. It is necessary to carefully examine the authenticity of the other party’s identity and find out the creditworthiness of the other party. If you look at the original and copy of the business license, verify the authenticity of the original copy and copy at the same time, and through legal means to the local industrial and commercial administrative authorities and tax authorities to understand, verify the status of its business activities and whether it is still legally in progress Business activities. There are cargo conditions / registered capital / legal address, etc. We must also examine the authenticity of the counterparty's assets and its ability to fulfill, and understand the basic accounts and operating activities it has established. Such as production and processing capacity, export permits, raw material supply, supply and so on. The creditworthiness of the parties relates to their ability to bear debt liabilities and their commitment to fulfill their obligations. In the credit investigation and identification, the qualification of the subject must be clearly identified. If the other party appears as a natural person, or as a legal person or an unincorporated economic organization. It is either the identity of the legal representative or the identity of the entrusted agent. Identification methods can also be adopted: 1 bank inquiries; 2 overseas institutions inquiries; 3 industry inquiries; 4 import and export chamber of commerce inquiries;
4, high-tech identification of high-tech mainly uses electronic technology to detect and analyze, first, to identify various types of important documents forged by fraudsters, such as fake documents, the general characteristics are: uneven color, fine lines are incomplete, unclear, patterns, Patterns, lines deformed, uneven thickness, or differences, complex patterns easily blurred. Some counterfeit documents, even though they are made using precision instruments, are difficult to distinguish between true and false on the naked eye, but through the analysis of electronic technology, the “leakage†is not easily understood on the fine lines. The phenomenon is identified on the watermark. False counterfeit documents can't see the level of the image when they look at the light. The watermark of the real document has a clear and natural level of perspective; the watermark of the pseudo-document watermark is verified under ultraviolet light, and the watermark of the real document does not shine. Under the conditions of the electronic network of import and export trade, the various conditions and data of the parties can be promptly reported back to the departments of industry and commerce, customs, taxation, foreign exchange, banking, etc., and be identified.
5. Avoiding Risk Identification The use of risk aversion measures is very important in the practice of import and export trade. For example, in the sale of complete sets of equipment with a large amount of money, and in the case of partial delivery, the importers must strive to use a revolving letter of credit to circumvent this method. risk. In general, fraudsters will of course oppose the use of revolving letters of credit, because this method allows the final payment to occur after the equipment is properly installed or after each batch of goods has been delivered, thus ensuring that the quality of the goods provided by the exporter meets the requirements of the letter of credit. In the opening of the letter of credit, no negotiable letter of credit will be issued and free use of the letter of credit will be avoided. It is necessary to clearly conclude the terms of the letter of credit. Exporters may consider using a confirming letter of credit as much as possible and choosing the right international trade terms. In order to prevent the fraud of letters of credit, exporters should try to use Group C trade terms (such as: CFR, CIF, CPT, CIP, etc.) as importers should try to use Group F trade terms (such as: FCA, FAS, F0B, etc.). In the booking of trading charter ships, avoid dealing with the owner of the flagship flag carriers of the “bag companyâ€, and at the same time pay attention to not renting old ships and old ships, and selecting ship types suitable for the characteristics of the goods in order to ensure that the goods are in transit. Safety. In addition, it is necessary to strictly review the documents and strengthen the recognition of counterfeit letters of credit and "soft clause" letters of credit. Once discovered, they should propose amendments to the letters of credit.
6, psychological identification In the actual business, between the trapping people and the deceived people, but also engaged in a psychological warfare, which requires our foreign trade company's business personnel, can grasp their own psychological activities, and through their own psychological To identify or elicit the other person's actual psychology. Because in the import and export business activities of some foreign trade companies often have a business psychology to win the psychological, interest-driven psychology, as long as no money, there is no risk psychology, seeking full psychological, celebrity is the credibility of credit and so on. These psychologies are often caused by people trapped in business and using various means to confuse the foreign trade company's business personnel, and caught the mental walk. Then the business personnel of a foreign trade company must know their own psychology and understand each other’s psychology, so that “being aware of oneself and knowing oneself†and setting people’s psychological traps are generally not revealing flaws, creating suspense, expressing themselves, wearing a crown, changing flowers, forging oneself, etc. psychological. The foreign trade company’s business personnel may propose whether or not they can counter-guarantee to test each other. If the other party makes a different opinion, the opposite party may reverse the test. 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, The main body of the contract, the change of the transporter, and the change of the main clauses, etc. The foreign trade company shall promptly reply, indicate its own opinions, insist on not altering it, and explain the reason why it cannot be changed. In this way, the reaction of the other side can be seen and seen as psychological stalemate; if the other party insists on reforming, or proposes how to use a language like that if it does not change, relevant measures should be taken to prevent any eventuality, because this attitude is already Tell us that the other party is forced to force foreign trade companies to submit, so foreign companies must adhere to the one hand, on the other hand, they must take the initiative to prevent traps in accordance with laws and regulations, which is called psychological delay. Identification by psychological stature and psychological delay Under normal circumstances, the trapper will not be able to wait to reveal his feet.
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, proper control and application of these laws and regulations can positively and effectively prevent and regulate the operation of import and export business. . In the export business, the issues of the Foreign Economic Contract Law, the Foreign Trade Law, the Customs Law, the Product Quality Law, the Measures for the Administration of Export Receipts Write-Off and Management, and the Export Goods Retirement (Exemption) Taxes were applied. The relevant provisions of the "Regulations", "Commodity Inspection Law" and other laws and regulations are mutatis mutandis to analyze the irregularities and risks of the export business of this pen, and finally decide whether to operate or not. In the import business, the "Foreign Economic Contract Law," "Foreign Trade Law," "Customs Law," "Interim Measures for Verification of Verification of Import Import Payments for Foreign Exchange," and "Regulations on Verification of the Verification of the Import Versus Foreign Exchange Offset Trade" and other laws were used. Relevant provisions of the laws and regulations shall be used to identify and prevent “separate from othersâ€, business, and prevent fraudulent foreign exchange in the name of import business. In the import and export agency business, it is necessary to strictly control the provisional regulations on the foreign trade agency system. 》, “Several Regulations Regulating Import and Export Agency Businessâ€, “Foreign Exchange Management Regulationsâ€, “Civil Law? About Agency Section†and other laws and regulations, through the application of the above laws in practice and procedural specifications, can further identify the other party’s hidden Fraudulent measures, discover flaws, alert foreign trade companies and take relevant measures to prevent them.
In the practice of import and export operations, any interest must be obtained through the company's hard work and orderly competition. As long as we are good at learning, diligent in thinking, brave to practice, learn to use legal weapons and other effective means can effectively identify traps and prevent risks .
First, the "trap" before the start of import and export business
1, acquaintance "trap"
Many foreign trade and economic companies often introduce businesses through acquaintances and friends in the face of lack of funds, brain drain, and ineffective information. These businesses, in spite of the fact that they have not proved their authenticity, have listened with confidence and reliability. Credibility rests on "acquaintances" and "friendships." These acquaintances are often confused by XX Gao Ganqin's relatives, X* foreign friends, and power of attorney. Although some acquaintances do not knowingly swindle, they are The three deceived and implicated foreign economic and trade enterprises.
2, agent "trap"
In business operations, the agency method is currently the "risk of fraud" in the area of ​​fraud risk. Many of the operations that are used for lending or affiliating are based on the use of agents to obtain the legal recognition of foreign trade enterprises. Its manifestation is: In the agent import, the principal uses the agent import contract to defraud the goods under the letter of credit; in the sight letter of credit, fraudulently obtains the issuing bank's payment, or in the forward letter of credit, accepts the bill of exchange and discounts it. In the agent export, the principal collaborated with the foreign counterparts, set soft terms in the letter of credit, and defrauded the foreign trade and economic enterprises to package loans under the letter of credit. In the re-export of processing of imported materials, the entrusting party and the foreign company used the entrusted export as bait to defraud the foreign trade company to apply for the import processing registration manual. In the above-mentioned business, foreign companies cannot follow the entire process, and foreign companies do not know how to collaborate with the client. Finally, fraud is frequently succeeded. After the incident was punished, it was a foreign trade company with the right to import and export.
3, customers "trap"
Nowadays, various operating companies are eagerly looking for customers. Because of this, some middlemen and manufacturers who have no production capacity simply seek to obtain improper interests. They seize the psychology of foreign trade companies and collude with each other to carry out joint frauds. The company introduced how reliable the customer is, and took out copies of ready-made proofs of how powerful the customers are (in fact, many are forged or borrowed from other vendors). On the basis of not making any investigations and studies, foreign trade companies have tried to extend their business to customers and have taken gullible convictions.
4, Gao Li "trap"
In the dissemination of many business information sources, the most attractive one is of course to obtain high profits and obtain substantial economic benefits. No matter which aspect comes from, the trapper always raises the profit very high and at the same time makes some seem very reasonable. The requirements and the conditions that give the other party concessions allow you to step through the traps of setting people. For example: 1 in the export business, said that every dollar can earn 2-3 yuan; 2 in the import business, said that every dollar can earn 5-6 yuan; 3 in the export tax rebate, said the tax rebate for the foreign trade company; 4 in Agents often use up to 3%-5% agency fees for chips. Driven by the idea of ​​quick success and instant profit, foreign trade companies are reluctant to abandon this rare business and relax their vigilance.
5. Benefits "Trap"
There are many business information itself that attracts foreign trade companies through various channels. Some promoters and middlemen often use “benefits†for their business staff in order to achieve the goal of closing transactions and gaining initiative as soon as possible before the foreign trade company determines to do the business. As bait, these “benefits†include how many percent of kickbacks are awarded, or promised additional compensation and treatment. When these promises are approved by the foreign trade company’s business personnel, the “business†will be executed. Once you lose someone's "benefits" trap, it is not possible to honor what you wait for after the beautiful promise is another ridicule."
6. Fund "trap"
With the commercialization of banks, the financing of restructuring foreign trade companies has become more and more difficult. Therefore, many companies generally pursue the business of not investing funds in capturing business information. The trapper who seized this mentality, and said no need to move funds, only issued a full set of documents, the funds paid by the other party, with a simple condition to induce foreign trade companies to be fooled.
Second, the "trap" in business operations
In international trade, the parties are diverse, including both multinational corporations and small and medium-sized companies in the world. They also accompanied non-substantial fraudsters and were difficult to identify on the outside. Once many businesses get their approval from both parties, the first step is completed, but some trappers generally start to hide deeper and do not reveal flaws before the business, but they set up traps in the business, and their practices are continually refurbished and constantly changing. Mainly in:
1, the contract "trap"
The contract trap is the most common one. Settlors often use the contract and lure the other party with the “legal†signboards. The form of the trap is: 1 Business Card (deception) Subject: The party to the contract has no registered capital and can not provide business proof. , legal person qualification certificate, only personal business card (labeled with company, job title, mailing address, telephone, etc.), this businessman can not be qualified, often in Southeast Asia, Hong Kong, Macao and Taiwan and other companies appear business cards, and brokers to collect their own commissions. 2 Change Clauses: If the subject of the contract is changed, the fraudster claims that the third party has replaced his own performance for various reasons. The cheated party often easily accepts and confiscates; change the terms of the contract and change the liner shipping to charter shipping; change the payment terms, Change the payment of letter of credit for collection or remittance; change the inspection terms and request it to be replaced by a foreign inspection agency. 3No signing of a contract: The trapper is based on Article 11 of the UN Convention on Contracts for the International Sale of Goods, and eloquently stated that foreign trade companies need not worry about no written contract, as long as they agree. 4 Terms of Use: In international trade practice, many trappers use fraudulent terms to create imperfect terms in some terms, mainly in the following terms: such as quality clauses, claims clauses, warranty clauses, breach of contract clauses, etc. Wait, set the trap.
2. Credit "trap"
The settlement of letters of credit is the main method of international trade settlement. Some foreign customers use trust letters to obtain trust because they often cover up foreign trade companies. Some foreign trade companies are often trusted by L/C when they do not understand each other's creditworthiness. "Ignore preventive measures. The trapper set a clause in his letter of credit. Whether this kind of clause can be achieved depends entirely on the issuer, and the beneficiary is inevitably refused to pay no matter what kind of efforts he makes. This is the "trap" for using fraudulent "soft clauses" for fraud.
The following types of common soft clauses are available: 1 The letter of credit is not yet valid, pending the issuance of the import permit, the notice shall become effective or the sample shall be confirmed by the issuer and then the letter of credit shall be effective; 2 the shipping company, name of the vessel, port of destination, port of destination Or the inspector and the date of shipment must be notified by the issuer or with the consent of the issuer. The issuing bank will notify the other in the form of an amendment: 3 After the goods arrive at the port of destination, they will perform payment responsibilities after inspection by the importer; 4 Designate benefits A person must submit a certificate of inspection issued by a foreign inspection agency or a certificate issued by a representative designated by the applicant. Such frauds often occur in CFR/CIF contracts.
3, the document "trap"
At present, in all aspects of import and export trade, documents are the main basis and evidence in the business process. It is precisely this characteristic that trappers are tempted to make a fuss and make a fuss about whether they are genuine or not, in order to confuse the truth, in the practice of foreign trade and economic cooperation. , Set up in general in the following documents more counterfeiting: First, export declarations; Second, foreign exchange water list; Third, the contract; Fourth, drafts, promissory notes; five is the bill of lading. The counterfeit set of documents and the letter of credit requirements are in line with each other, so that the bank meets the unconditional payment due to the appearance of the documents, thus achieving the purpose of fraud. This is a fraudulent method with a high probability of occurrence. According to the "UCP500" regulations, beneficiaries must submit commercial invoices, bills of exchange, transport documents (including bills of lading, rail transport bills of lading, air waybills, and receipts of the goods). Among them, the ocean bill of lading is the most important document. The customs declarations, foreign exchange orders, and verification forms in export management are all important documents. Fraudsters falsified content, set fake companies to issue false documents, and some even cut through, altered fake letters of credit, etc.
Such forged documents, such as foreign trade companies can not identify often deceived, lost the person's "trap", regret it.
4, transport "trap"
The “traps†in the import and export trade transportation link are the most difficult to see. Because of the numerous links, long-term cycles, and complicated procedures involved in ocean transportation and multimodal transport, some trapped people mostly import large quantities of raw materials or urgent domestic needs. Commodity name colludes the boat that the reputation is not good The east or transport agent forges the transportation bill of lading to swindle the domestic payment, then runs away. Some of them also used fraudulent bills of lading and pre-lending bills of lading, fraud in charter parties, diversion fraud, shipowners' abuse of exemption clause fraud, and marine insurance fraud. The common feature of their fraud is internationality, complexity and sensitivity. Due to the large number of transportation links, involving complicated legal and professional technical knowledge, some companies are not lucky enough to consult with lawyers for decision-making, or believe that some bad-faith transport agents are often deceived.
5, settlement "trap"
On the export side: Many unscrupulous traders nowadays often have poor market conditions, need time to sell their products, and use revamping methods to delay settlement time. For example, L/C has changed several shipments to D/P and D/. A. Once the exporter accepts the D/P or D/A forward payment method or consignment method, although the other party claims to pay the extension interest on a voluntary basis, the unscrupulous trader, after waiting for the goods to arrive in Hong Kong, shall apply for refusal if the market is not good. pay. Some said that they could open a letter of credit, but delays, and after several rushes by foreign trade companies, they told them that "the card has been issued and can be shipped first. At this time, the shipping schedule is approaching, and after the receipt of the letter of credit, more If the terms do not match, they have to change the remittance (remittance is only a commercial credit). At this time, the trapped person withdraws the original bill of exchange that has not been sent, causing losses to both foreign and domestic companies.
In terms of imports, the other party proposed that foreign companies should issue permits and use fraudulent imports to defraud.
In terms of processing trade, many other methods are used to set up fraudulent funds.
6, tax rebate "trap"
In the import and export business, the tax rebate is a high incidence of trapping. Settlors often seize export products with higher tax rebate rates, so as not to use tax rebates as bait, blinding foreign trade companies, making many foreign trade companies fooled, and others The tax refund is made as fast as or as long as half of the tax, and the foreign trade company is required to advance the tax payment. At the same time, it indicates that the document is complete and there is no problem. Because fraudsters generally can provide value-added tax invoices (but open, difficult to make people difficult to identify), payment books, so that foreign trade companies in the psychological reduction of awareness. Of course, the tax rebate trap is set up by the trapping people with supporting institutions, such as specialized “sales companiesâ€, special “organizations that provide value-added tax invoices,†and special “personnelâ€, and they are linked together to form a ring and make people Difficult to identify.
III. Methods of identifying traps These pitfalls in the operations of the import and export business have a common goal. They are the fraudulent money. Although these frauds are smart, they always reveal some flaws. The possibility of seamlessness can be avoided. Many, as long as we foreign trade companies and companies to increase vigilance, master the method of identifying traps, it is entirely possible to avoid mistakes into the trap, the following author from the practice of import and export management to sum up seven kinds of identification methods for your reference.
1. Business Authenticity Recognition This identification is the most important identification in the import and export business. "Authenticity" audit is to eliminate the "four sincerity" business and eliminate false business traps. How to stay authentic? I believe that: 1 should have "five", that is, in the export business, there are sellers, buyers, there is a corresponding product, there is a factory producing products, there are transporters; in the import business: a seller, a buyer, a product , There are transporters, there are end-users; agent imports under the original agent import agreement. 2 In business operations, there are generally standardized operating procedures and rules, and there are banks involved. This type of business is mostly self-operated. 3 Not the same person (even the agent business is not the same as the buyer, seller, or shipper).
2. Contract identification In the import and export business, if it is difficult to realize the recognition of authenticity, the other party complicates and cooperates with each other in several aspects, and repeatedly emphasizes the authenticity. However, if the foreign trade company wants to try it, it can take rigorous signing. The contract identifies the other party, such as a quality clause, a certification clause, a price clause, an inspection clause, a claim clause, a payment clause, a transportation clause, a detailed specification, and a requirement. And ask the other party to have a legal representative or a bookmarked document. Special emphasis should be placed on signing up in the region.
In the import contract, emphasis is placed on certifying the quality standards, assessment clauses, protective clauses, inspection clauses, and transportation requirements of imported goods. There must be strict arbitration clauses in the export contracts; the exporting country should be set up as an arbitration place for resolving disputes and disputes. Note that written contracts must be signed for import and export, because written contracts are deterministic, cautionary, open, and have evidence. Some frauds will definitely show flaws in written contracts, and foreign trade companies can identify them in time when signing contracts.
3. It is very important for credit investigation to identify the trading partners when importing and exporting. It is necessary to carefully examine the authenticity of the other party’s identity and find out the creditworthiness of the other party. If you look at the original and copy of the business license, verify the authenticity of the original copy and copy at the same time, and through legal means to the local industrial and commercial administrative authorities and tax authorities to understand, verify the status of its business activities and whether it is still legally in progress Business activities. There are cargo conditions / registered capital / legal address, etc. We must also examine the authenticity of the counterparty's assets and its ability to fulfill, and understand the basic accounts and operating activities it has established. Such as production and processing capacity, export permits, raw material supply, supply and so on. The creditworthiness of the parties relates to their ability to bear debt liabilities and their commitment to fulfill their obligations. In the credit investigation and identification, the qualification of the subject must be clearly identified. If the other party appears as a natural person, or as a legal person or an unincorporated economic organization. It is either the identity of the legal representative or the identity of the entrusted agent. Identification methods can also be adopted: 1 bank inquiries; 2 overseas institutions inquiries; 3 industry inquiries; 4 import and export chamber of commerce inquiries;
4, high-tech identification of high-tech mainly uses electronic technology to detect and analyze, first, to identify various types of important documents forged by fraudsters, such as fake documents, the general characteristics are: uneven color, fine lines are incomplete, unclear, patterns, Patterns, lines deformed, uneven thickness, or differences, complex patterns easily blurred. Some counterfeit documents, even though they are made using precision instruments, are difficult to distinguish between true and false on the naked eye, but through the analysis of electronic technology, the “leakage†is not easily understood on the fine lines. The phenomenon is identified on the watermark. False counterfeit documents can't see the level of the image when they look at the light. The watermark of the real document has a clear and natural level of perspective; the watermark of the pseudo-document watermark is verified under ultraviolet light, and the watermark of the real document does not shine. Under the conditions of the electronic network of import and export trade, the various conditions and data of the parties can be promptly reported back to the departments of industry and commerce, customs, taxation, foreign exchange, banking, etc., and be identified.
5. Avoiding Risk Identification The use of risk aversion measures is very important in the practice of import and export trade. For example, in the sale of complete sets of equipment with a large amount of money, and in the case of partial delivery, the importers must strive to use a revolving letter of credit to circumvent this method. risk. In general, fraudsters will of course oppose the use of revolving letters of credit, because this method allows the final payment to occur after the equipment is properly installed or after each batch of goods has been delivered, thus ensuring that the quality of the goods provided by the exporter meets the requirements of the letter of credit. In the opening of the letter of credit, no negotiable letter of credit will be issued and free use of the letter of credit will be avoided. It is necessary to clearly conclude the terms of the letter of credit. Exporters may consider using a confirming letter of credit as much as possible and choosing the right international trade terms. In order to prevent the fraud of letters of credit, exporters should try to use Group C trade terms (such as: CFR, CIF, CPT, CIP, etc.) as importers should try to use Group F trade terms (such as: FCA, FAS, F0B, etc.). In the booking of trading charter ships, avoid dealing with the owner of the flagship flag carriers of the “bag companyâ€, and at the same time pay attention to not renting old ships and old ships, and selecting ship types suitable for the characteristics of the goods in order to ensure that the goods are in transit. Safety. In addition, it is necessary to strictly review the documents and strengthen the recognition of counterfeit letters of credit and "soft clause" letters of credit. Once discovered, they should propose amendments to the letters of credit.
6, psychological identification In the actual business, between the trapping people and the deceived people, but also engaged in a psychological warfare, which requires our foreign trade company's business personnel, can grasp their own psychological activities, and through their own psychological To identify or elicit the other person's actual psychology. Because in the import and export business activities of some foreign trade companies often have a business psychology to win the psychological, interest-driven psychology, as long as no money, there is no risk psychology, seeking full psychological, celebrity is the credibility of credit and so on. These psychologies are often caused by people trapped in business and using various means to confuse the foreign trade company's business personnel, and caught the mental walk. Then the business personnel of a foreign trade company must know their own psychology and understand each other’s psychology, so that “being aware of oneself and knowing oneself†and setting people’s psychological traps are generally not revealing flaws, creating suspense, expressing themselves, wearing a crown, changing flowers, forging oneself, etc. psychological. The foreign trade company’s business personnel may propose whether or not they can counter-guarantee to test each other. If the other party makes a different opinion, the opposite party may reverse the test. 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, The main body of the contract, the change of the transporter, and the change of the main clauses, etc. The foreign trade company shall promptly reply, indicate its own opinions, insist on not altering it, and explain the reason why it cannot be changed. In this way, the reaction of the other side can be seen and seen as psychological stalemate; if the other party insists on reforming, or proposes how to use a language like that if it does not change, relevant measures should be taken to prevent any eventuality, because this attitude is already Tell us that the other party is forced to force foreign trade companies to submit, so foreign companies must adhere to the one hand, on the other hand, they must take the initiative to prevent traps in accordance with laws and regulations, which is called psychological delay. Identification by psychological stature and psychological delay Under normal circumstances, the trapper will not be able to wait to reveal his feet.
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, proper control and application of these laws and regulations can positively and effectively prevent and regulate the operation of import and export business. . In the export business, the issues of the Foreign Economic Contract Law, the Foreign Trade Law, the Customs Law, the Product Quality Law, the Measures for the Administration of Export Receipts Write-Off and Management, and the Export Goods Retirement (Exemption) Taxes were applied. The relevant provisions of the "Regulations", "Commodity Inspection Law" and other laws and regulations are mutatis mutandis to analyze the irregularities and risks of the export business of this pen, and finally decide whether to operate or not. In the import business, the "Foreign Economic Contract Law," "Foreign Trade Law," "Customs Law," "Interim Measures for Verification of Verification of Import Import Payments for Foreign Exchange," and "Regulations on Verification of the Verification of the Import Versus Foreign Exchange Offset Trade" and other laws were used. Relevant provisions of the laws and regulations shall be used to identify and prevent “separate from othersâ€, business, and prevent fraudulent foreign exchange in the name of import business. In the import and export agency business, it is necessary to strictly control the provisional regulations on the foreign trade agency system. 》, “Several Regulations Regulating Import and Export Agency Businessâ€, “Foreign Exchange Management Regulationsâ€, “Civil Law? About Agency Section†and other laws and regulations, through the application of the above laws in practice and procedural specifications, can further identify the other party’s hidden Fraudulent measures, discover flaws, alert foreign trade companies and take relevant measures to prevent them.
In the practice of import and export operations, any interest must be obtained through the company's hard work and orderly competition. As long as we are good at learning, diligent in thinking, brave to practice, learn to use legal weapons and other effective means can effectively identify traps and prevent risks .
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