The development of shipping has also promoted the continuous progress of China's foreign trade, showing a thriving scene. In order to better develop China's foreign trade, earn more foreign exchange funds, improve the country's comprehensive strength and effectively promote domestic economic development, we must make every effort to ensure the smooth progress of maritime transportation and guard against possible risks in transportation. Then the following is the risk and prevention of maritime trade that I have compiled for you. Welcome to read and browse.
1. shipwreck risk
Shipwreck risk mainly refers to the risks of ships and goods during maritime transportation or during transportation. It includes natural disasters and accidents. Among them, natural disasters refer to disasters caused by destructive forces caused by the variation of nature. An accident refers to an accident caused by an unexpected cause.
2. Nonhuman external risks
Non-man-made external risks refer to risks caused by various external reasons other than shipwrecks. This kind of risk can be roughly divided into two situations: general external risk and special external risk. Among them, the general external risk refers to the risk caused by theft, rain, moisture, heating and other reasons during the transportation of goods. Special external risks refer to risks and losses caused by political, military and national bans and control measures such as war, strike and refusal to deliver goods.
In addition, new policies or new control measures promulgated by some countries and some bans by international organizations may also lead to the inability to export or import goods, resulting in losses.
Maritime fraud risk in the course of trade
At present, there is no exact definition of maritime fraud in the world. It is generally believed that people cheat and conceal transportation routes, cargo conditions and expenses in order to obtain illegal benefits, causing losses to innocent parties. The spread and rampant of this behavior has become the main obstacle to international trade and poses a serious threat to the commerce, shipping, insurance and financial industry of all countries.
1. File fraud risk
Document fraud, also known as document fraud, refers to the use of forged documents that meet the requirements of letters of credit by unscrupulous businessmen, such as ocean bills of lading, commercial invoices, insurance policies, certificates of origin, quality certificates, commodity inspection certificates, consular invoices, etc. , settlement of foreign exchange, fraudulent payment. This is the most common and main form of international maritime fraud.
2. Ship fraud risk
Ship fraud refers to the fraudulent behavior of shipowners using ships, which mainly includes shipwreck fraud and ghost ship fraud. Ghost ship fraud is the most common thing in international trade. Ghost ships are those with? Shadow? The identity of the ship. The owner of the ghost ship is actually a leather bag company, sometimes even set up two days before the start of operation, and uses temporary offices, so the credibility of such owners is not high, or even zero. It is very dangerous for such shipowners to transport goods.
3. Fraudulent risk of charter party
Charter party fraud is a kind of charter party fraud, which is divided into time charter party fraud and voyage charter party fraud.
In the time charter fraud, the fraudsters first register and set up a leather bag company in a distant tax haven, and then sign a time charter contract with the shipowner as the lessee. After paying the down payment to rent the boat, the fraudsters renamed the boat and sublet it by voyage charter as the second owner of the boat. After all the goods are loaded at the port of shipment, the prepaid bill of lading is issued, and the prepaid freight received is deposited in your account, you declare bankruptcy or simply run away.
In the case of voyage charter, the rent is calculated according to the distance of voyage. The lessee pays the freight to the shipowner first so that the goods can be shipped smoothly. However, in maritime transportation, the shipowner requests to change the payment terms or raise the payment standard for various reasons, otherwise the ship will detour or transship and sell the goods in other areas. In order to avoid further losses, the shipper has to accept the owner's terms. This kind of fraud can be seen everywhere in international trade.
4. Risk of marine insurance fraud
Marine insurance fraud refers to the behavior of the insured or beneficiary in marine insurance business to defraud insurance compensation by fabricating the subject matter of insurance, deliberately making, forging or lying about the insurance accident.
Risks and countermeasures of current maritime transportation.
Measures to deal with the risks of maritime transportation
1. Select the appropriate mode of transportation.
Appropriate transport vessels and routes should be selected according to the characteristics of goods. Of course, in order to meet the requirements of other factors such as sales contracts, we should also arrange reasonable shipment time and discuss transportation routes.
2. Hull inspection
It is necessary to carefully check the safety of shipping vessels themselves and not to become a hidden danger of navigation safety; Correct use of navigation instruments to realize scientific escort.
3. Skills training to improve professional knowledge
Conduct regular skills training for offshore operators to improve their professional knowledge and ensure correct navigation operation.
You can choose the appropriate insurance type to insure the goods.
At present, the types of insurance provided by China Insurance Company include FPA, WPA and All Risks. In addition to these three basic risks, there are special risks and general additional risks.
Measures to deal with the risk of maritime fraud
Because maritime fraud has caused great harm, it should be a long-term and arduous task to prevent maritime fraud. This task is particularly urgent for China, which is strengthening its economic strength and going global. China's foreign trade enterprises should be alert to international maritime fraud and actively take preventive and remedial measures from four aspects:
1. Enhance the risk awareness of China's foreign trade enterprises and strengthen the credit investigation of partners.
Before signing a trade contract with a foreign party, it is necessary to make a detailed investigation on its name, form of responsibility, registered capital, real situation of its legal representative, balance sheet, bank of deposit and business reputation. According to international practice, you can also ask an authoritative organization to issue a credit certificate.
2. Choose appropriate trade terms and consider contract terms to prevent loopholes.
We must ensure that the conditions of contract performance are not easily changed during the execution of the contract; When signing import and export contracts, we should pay attention to choosing favorable trade terms. In China's export trade, CIF and CFR terms should be adopted as far as possible; FOB clause can be adopted in import trade. In this way, we have mastered the initiative of chartering and booking space, which is conducive to the connection between ships and goods and prevents possible fraud during transportation. When it is impossible to win the right to charter a ship and book a space, the charter standard should be strictly formulated in the contract and the corresponding safeguard clauses should be added. At the same time, we should choose the payment method reasonably.
3. Choose a safe ship, strengthen the supervision of loading and unloading goods, and keep abreast of the shipping status of the ship.
It is necessary to choose a reputable shipping company to ship the goods. After the goods are loaded at the port of shipment, we can send someone to check the condition of the goods and ships. After the goods set sail, the buyer should know the course of the ship at any time and check the position of the ship with the carrier or shipowner regularly. If there is any abnormal situation, it is necessary to report it to the insurance company immediately and conduct an investigation as soon as possible.
4. Strengthen the awareness of legal protection and actively take legal relief measures.
Strengthening the awareness of legal protection is not only reflected in reviewing contract terms and eliminating loopholes, but also in actively seeking legal relief and recovering economic losses after fraud. After the incident, the parties concerned shall claim for compensation in time within the claim period. Under the mode of arbitration, it should be conducted in domestic arbitration institutions as far as possible. Secondly, an international arbitration institution with good performance can be selected for arbitration.
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