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Current positionReducerHome>> Knowledge of international trade>> Identify pitfalls with experience in foreign trade

Identify pitfalls with experience in foreign trade

Import and export of foreign trade enterprises to conduct business in the process, there are risks everywhere , and "trap ." To prevent mistakes in the import and export business , you should first understand the import and export business in which "trap" , these " trap" What are the characteristics , so that we can learn how to identify , and thus achieve the purpose of prevention .

An import and export business before the start of the " trap"

1 , acquaintances "trap" : Many foreign trade enterprises , lack of funding , brain drain , poor information in the case , often through business acquaintances and friends , and these operations has not confirmed its authenticity in the case of biased biased , the reliability and credibility of their faith in the "acquaintance " and " friendship" , these acquaintances often relatives of senior cadres × × , × × foreign friends , and attorney with confusion, and despite some acquaintances without intention to defraud , but it was a third party fraud, and implicated foreign trade enterprises .

2 , the agent "trap ": In business , the proxy approach is the risk of fraud , " the high incidence areas ," many by rights management, affiliated business , are using proxy way to get legal recognition of foreign trade enterprises . Its manifestations is: import agent , the client uses the agent import goods under a credit contract fraud ; in sight letter of credit , the issuing bank payment fraud , or letter of credit in the long term , after acceptances discounted . In export agents in collusion with foreign clients , in letters of credit set the soft terms , defrauding foreign trade enterprises under the credit loan package . Feed processing comeback in the agent population , in order to entrust the export with foreign clients as bait to defraud foreign trade companies to apply for registration of feed processing manuals . In the business, because they can not tracking foreign trade companies , foreign investors are also complicit with the client completely unaware , finally , fraud and fruitful , but after the incident , punishment is the right to operate import and export foreign trade companies .

3, the customer "trap" : the operating companies are now eager to find customers , and as such , some simply do not have the production capacity of the production plant in order to middlemen and to seek illegitimate interests , they seize the psychological foreign trade companies , colluding conduct a joint fraud, foreign trade companies to introduce × × how customers reliable , and come prepared to prove the strength of the copy of the customer ( in fact, many are forged or borrowed other vendors ) to cheat . Foreign companies did not make any investigation , based on the expansion of business customers for the catch , credulous caused fooled.

4 , Gregory "trap" : In many dissemination of business information sources , the most attractive of course, is to get Gregory achieved substantial economic benefits , no matter from which side, traps are always the profits raised very high, while the also proposed a number of seemingly very reasonable request , and some concessions to the other conditions can make you step by step into the trap set . For example : ① in the export business, said earn 2-3 yuan per U.S. dollar ; ② , said in the import business earns 5-6 yuan per dollar ; ③ in export tax rebates , the said refund all to foreign trade companies ; ④ in import and export agent is often up to 3% -5 % of the agency fees as a bargaining counter . Foreign trade companies , driven by the profit-oriented thinking , no matter how rare do not want to give up this business, relaxed vigilance .

5 , the benefits "trap" : There are many business information through various channels to introduce their own foreign trade companies, some of the promoters and intermediaries in the foreign trade company determined to make the business front , in order to seize the initiative as soon as possible to achieve the purpose of transaction and , often its business people to " benefit " as the bait , these " benefits " includes to what percentage of rebates, or the promise of remuneration and benefits , etc. in addition , when these commitments are foreign trade business staff 's consent, "business" will come to a deal . Once you lose one of its "good" after the trap , behind the beautiful promises are not likely to be realized it is waiting for another " nightmare ."

6, the funds " trap" : With the restructuring of commercial banks to finance foreign trade companies is becoming increasingly difficult , so many companies are generally in the capture of business information , the pursuit of the business of funding is not moving . The trap is caught by this attitude, and said the need for liquidity , simply issue a full set of documents , funds advanced by the other side , with the simple condition induces foreign trade companies fooled.

Second, the business operations of the " trap"

In international trade , the parties varied, both multinationals in the world , but also small and medium enterprises , but also with no body liars in appearance is difficult to identify . Many businesses Once accepted by both sides , the first step is completed , but some traps and generally began to hide deeper than before does not reveal flaws in the business , and in the business of the trap , they are ever-changing tactics , constantly changing, mainly in:

A contract "trap" : The contract is the most common type of trap , trap often take advantage of the contract and to " legal " signs to lure the other fooled , its manifestations are:

① card ( cheat ) body : The contract party is not registered capital , business can not provide proof , proof of legal status , are only personal card ( with company , title, mailing address, phone, etc. ) , this businessman unincorporated , often Southeast Asia, Hong Kong, Macao, Taiwan and other places business card appears and brokers charge commission itself .

② Change Terms : If you change the main terms of the contract , for various reasons , said scammers suggest instead of their own performance by a third party , parties tend to be easily deceived and fooled promised ; change the contract terms of transportation , change liner shipping as charter transportation ; changing payment terms , change the letter of credit for the collection or remittance ; changing inspection clause , requiring instead the foreign inspection bodies.

③ not sign a written contract : trap by the " United Nations Convention on Contracts for the International Sale of Goods " on page 11 on the grounds , and plausibly suggested that foreign companies may not have to worry about not having a written contract , as long as both parties agree to .

④ use of terms : in the international trade practice, many traps who are making use of some terms of the imperfect imperfect terms of fraud, mainly in the following terms : the terms such as quality , claims the terms of warranty , breach of contract terms , etc. and so on, set the trap .

2 , letters of credit "trap" : credit settlement is the main form of international trade settlement , some foreign customers in order to be deceived by foreign companies often open letters of credit to get the trust of some foreign trade companies often do not understand each other creditworthiness under the letter of credit "trust" , ignoring preventive measures . The contents in the credit trap in the terms of its letter of credit to provide for a , such a clause can be achieved depends entirely on the issuer , the beneficiary regardless of what efforts will inevitably be dishonored . This is the use of letters of credit , " soft terms " fraud "trap ."

Common soft terms have the following types :

① temporarily effective letters of credit, import license to be issued after the notice is in force or pending confirmation sample after notification by letter opener into force ;

② shipping companies , ship name , port of destination , departure port or inspection person , date of shipment is subject to the issuer notice or consent of the issuer , the issuing bank will modify the form of books prior notice ;

③ goods to the port of destination inspection through importers after the payment obligations ;

④ designated beneficiary must submit the foreign inspection bodies or inspection certificate issued by a certificate issued by designated representatives of the applicant so that such fraud often occurs in the CFR / CIF contract.

3, the document " trap" : At present, in all aspects of import and export trade , the document is based primarily on business process and credentials , it is this characteristic traps were racked his brains to make a big fuss , half-truths , real ones, foreign economic and trade practice, generally fall into the following documents located in counterfeiting more : First, export declarations ; Second, foreign exchange water alone ; Third contract ; Fourth, bills of exchange, promissory notes ; Fifth bill of lading. There's a full set of forged documents and credit requirements consistent with the bank due to an unconditional payment documents in line on the surface , so as to achieve the purpose of fraud , which is a higher probability of fraud appeared way . According to "UCP500" requires beneficiaries to submit commercial invoices, bills of exchange, transport documents ( including bills of lading, railway transport bill of lading , air waybill , the carrier of goods receipt ) , etc., which is the most important bill of lading documents , as well as our progress export management declaration, foreign exchange water bill , verification form , etc., are important documents. Phishers spoof content , set fake company issued false documents, some even through splicing , altered forged letters of credit.

The forged documents, such as foreign trade companies often do not recognize deceived , lost people document " trap" regret.

4, the transport " trap" : import and export trade and transport links "trap" , is the most difficult people to see through , because maritime transport and multimodal transport links, cycle length, complicated procedures , so some of those traps , mostly in China bulk imports of raw materials or bulk commodities badly needed in the name of small shipowners collusion bad reputation forged transport bill of lading or shipping agents cheat domestic money, and then fled. There Daoqiantidan and advance through bill of lading fraud , charter contract fraud , to divert fraud, abuse Disclaimer fraud shipowners , marine insurance fraud. They fraud is a common feature of international, complexity and sensitivity . Due to transport links, involves complex legal and technical expertise , and some companies do not consult lawyers fluke decisions or credulity some of the bad reputation transport agents, are often fooled.

5 , the settlement "trap" : On the export side : Now a lot of unscrupulous traders , often the name of bad market , it takes time to sell other guise , and using evidence to change tactics to delay the settlement time , such as L / C out several batches of goods change D / P, D / A, and once the exporter received D / P, D / A or consignment forward after the manner of payment , while the other claims that willingness to pay deferred interest , in essence, unscrupulous traders wait for goods to Hong Kong , such as the market is not good , that is for non-payment . There's said to open letters of credit , but the delay in opening out , after several foreign trade companies urged , before being informed "card already left , can be shipped , when sailing close to , upon receipt of the letter of credit and then find more Department inconsistent with the terms , had to change remittance ( remittance merely commercial credit ) , then the traps were recovered unsent original drafts, foreign trade companies to create money, the two air cargo losses.

On the import side : the other is offered to foreign companies issuing in order to carry out foreign exchange fake imports .

In the processing trade : as much as the use of other techniques to trap defraud money.

6 , rebate "trap ": In the import and export business , tax is to trap a high incidence areas , traps are often higher export tax rebate rate to seize the goods , in order to do tax rebates as bait, blinded foreign trade companies, so a lot of foreign trade companies fooled , there's proposed tax rebate to be fast or as long as half of the taxes , and require foreign companies to advance tax , also said that complete documentation is no problem. Because people are generally able to provide fraudulent VAT invoice ( however false , the practices make it difficult to identify ) , payment book , etc., so make foreign trade companies reduce the psychological awareness . Of course, tax trap set by the trap people there supporting institutions such as the special " sales company " dedicated " to provide value-added tax invoices institution" dedicated " officer" , in parallel into one , a ring set , people difficult to identify .

Third, the identification method of the trap

Import and export business operations in emerging these traps have a common purpose, which is to defraud money from these scams though clever, but always revealing some of the flaws, not much can be done seamlessly possibility , as long as we trade companies and corporate vigilance , master trap identification methods , can be avoided completely strayed into the trap , following the author from the import and export business of practice, summed up seven kinds of identification methods , for your reference.

1 , the authenticating service : Export this recognition is the identification of the most important operations . "Authenticity " is excluded from the audit , " four from three missing " business, excluding strayed into the trap of false business . How it always has authenticity ? I believe that : ① should have "five ", namely in the export business , there are sellers , there are buyers , there is a corresponding products, manufacturing products factory, there is the transport side ; in the import business : There is Sellers have the buyer , there are products, transport side , there are the end-user ; import agent import agent under the agreement with the original . ② in business operations , generally have standard operating procedures and rules , and banks to participate . Such business to self-employed business as much. ③ not the same person ( even if the agency business is not a buyer, seller, shipping party is the same person ) .

2, the contract recognition: in import and export business , as in the authenticity of identification is difficult to do so , the other aspects complicit complement each other , and repeatedly stressed authenticity, while foreign trade company wanted to try the case, and signing rigorous contract to identify each other, such as the quality of the terms of the contract entered into between the inside , certification terms , the price clause, inspection clause , claim terms , payment terms , shipping terms , set detailed specifications and requirements . And ask for a legal representative or power of attorney signed by the instruments. With particular emphasis in the region contracted .

In the import contract , emphasizing the proven quality standards for imported goods , assessment provisions , protection clause, inspection clause , transportation requirements. In the export contract should have strict arbitration clause ; regulations exporting country to resolve dispute, the place of arbitration . Note should be taken in the import and export of a written contract , because a written contract with certainty , warning and openness , and has evidence for the role . There are some fraud in the written contract will certainly surprising flaws , foreign trade companies in the contract can be promptly recognized.

3 , credit investigation recognition: the selection of import and export trade transaction object is very important, we must carefully examine the authenticity of each other's identity , to identify each other's creditworthiness . Such as watching the original and a copy of a business license , while the original copy to verify the authenticity of , and through the legal channels to its local industrial and commercial administrative authorities and the tax authorities to understand and verify the situation and its activities are still carried out legally now business activities. There goods case / capital / legal address. Also examine the authenticity of each asset credit and performance capabilities to understand their basic account opened and operating activities. Such as production and processing capacity, export licenses , raw material supply , supply and so on. The creditworthiness of the parties without the assumption of debt related to their ability and responsibility without performing sincerity. Recognition in the credit investigation , to identify clearly the principal qualifications . If the other party in order to appear as a natural person , or the person is a legal or illegal status of economic organization . Now , or the legal representative 's identity , or the identity of an agent . Identification methods can be taken : ① bank check ; ② overseas inquiries ; ③ industry inquiries ; ④ Export Chamber of Commerce queries ; ⑤ inquiries and other relevant institutions .

4 , high-tech identification : The main use of high-tech electronic technology detection and analysis , first identify the fraudsters are all kinds of important documents such as forged documents forged general characteristics are: color, blocky , fine lines, incomplete , unclear , pattern , patterns , lines, deformation, uneven thickness, or discrepancies , complex patterns easily blurred. Although some forged documents using some precision instruments made ​​it difficult to distinguish between true and false on the naked eye , but through electronic technology analysis, prone to fine lines on the graphic does not inked " trapping ' phenomenon on the identification of the watermark , forged documents when viewed against the light , do not see the image level , really clear and natural document watermarking perspective when there are many levels ; inspection under ultraviolet fluorescent pseudo documents issued in the water , I really do not emit light watermark documents , etc. Second, import and export trade electronic network conditions, can quickly feedback parties in various situations and data from industry and commerce, customs, taxation, foreign exchange, banking and other departments to grasp, and for recognition.

5 , to avoid the risk identification : the use of risk aversion means in practice is very important import and export trade , such as the huge amount of equipment in the sale , in the partial delivery of trade, the importer should strive to use revolving credit , with this method risk-averse. Typically , fraudsters will certainly oppose the use of revolving credit , because in this way allows the final payment occurring in the device properly installed or after completing each batch of goods to pay exporters which can guarantee the quality of goods meet the credit requirements. In the letter of credit opened , do not open the transferable letter of credit , avoid the use of freely negotiable letter of credit. To make clear the contents of the letter of credit terms . Exporters may consider to use confirmed letter of credit , the correct choice Incoterms . In order to prevent credit card fraud , as exporters should try to use the C group trade terms ( eg : CFR, CIF, CPT, CIP , etc. ) , as the importer shall make use of group F trade terms ( eg : FCA, FAS, F0B etc. ) . Charter booking in a transaction , avoiding the " front company " nature of the flag of convenience vessels owners to deal with, keeping in mind that no bookings old boat , old boat , the choice of suitable properties ship the goods , in order to ensure that the goods in transit safety . In addition to strictly audit documents , to strengthen the fake letters of credit, " soft terms " credit recognition, once discovered, should propose to amend the credit .

6 , psychological identification : In the actual business, in the trap between man and dupe , also a kind of psychological warfare , which we need to trade the company's business, to grasp their own mental activity, and through their own psychology to identify or elicit each other's actual psychology. Because in the import and export business activities of foreign trade companies , some salesmen often there is a psychological win , profit-driven mentality, as long as no liquidity risk on the psychological , mental perfection , celebrities, psychology, and so is the credit . These psychological, people tend to trap and subjected to various means to master foreign trade business staff confused and just hold psychological away . Then the foreign company's business staff to know their psychological , but also understand each other's psychology , to " Know thyself " psychological trap is generally not exposed flaws, create suspense , asserting himself , mistaken identity , moving knot wood, forged their own and psychology. Foreign business personnel during recognition may be made , whether the counter-guarantee to test each other , as each has different opinions can be measured against each other, in case of the other requirements to change terms of the credit or contract terms , payment terms , such as change , change contracts subject to change transport people to change major terms , etc., foreign trade companies to respond promptly to indicate their views, insist do not change, and explain the reasons can not be changed . This police Yan concept of color to see each other's reactions , called psychological stalemate ; if he insists to be changed , or that we should not change how how such kind of language , you should take measures to prevent any eventuality , because this attitude has tells us that the other party is forced to give in to force foreign trade company , so foreign companies to adhere to the one hand , the other hand, according to the law to seize the initiative in order to prevent the trap , called mental delays. Stalemate through psychological and mental delay recognition under normal circumstances, those who can not wait eluded capture trap .

7 , the legal recognition: In order to rectify and standardize market economic order , the state developed a series of import and export laws and regulations, therefore , correctly grasp and apply these laws and regulations on the import and export business to regulate the operation and identification , can play a positive and effective preventive effect. In the export business, the use of " Foreign Economic Contract Law," " Foreign Trade Law ", " Customs Law" , "Product Quality Law" and " export verification management approach ", " export goods back ( free ) Tax Issues provisions "," commodity Inspection law "and other relevant provisions of laws and regulations cf identification, analysis of the pen does not regulate the export business of the Department and the size of the risk , the final decision whether or not the operation . In the import business , the use of " Foreign Economic Contract Law," " Foreign Trade Law ", " Customs Law" , "Trade import verification Regulatory Measures ", " trade authenticity import verification audit requirements " and other laws regulations of the relevant terms cf identify, prevent " four from three missing ' , business, to prevent the import business in the name of the real foreign exchange in import and export agency business, to strictly control " on the foreign trade agency of the Interim Provisions "" normative import and export agency business of certain provisions " , " foreign Exchange management Regulations ", " Civil ? ? About the agency part of the " other laws and regulations were identified through the use of the law in practice and procedural norms can further identify each hidden fraudulent means to find flaws, make foreign trade companies vigilant and take measures to prevent in the first place.

Import and export business practice, any business interest would be subject to the hard work and orderly competition as long as we are good at learning , diligent in thinking and practice, learn to use legal weapons and other effective means to be able to effectively identify pitfalls , risk prevention .

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