In the process of our foreign trade business, there are risks and "traps" everywhere. To prevent mistakes in foreign trade business operation, we should first understand what "traps" are in foreign trade business and what are the characteristics of these "traps", so that we can learn how to identify and achieve the purpose of prevention.
1、 "Trap" in business operation
In international trade, there are a variety of parties, including world multinational corporations, small and medium-sized enterprises and non subject swindlers, which are difficult to identify in appearance. Once many businesses are recognized by both parties, the first step will be completed. However, some trap setters generally start to hide deeply and don't reveal flaws in front of the business, but set traps in the process of business. Their methods are constantly renovated and changed, mainly in the following aspects:
l. Contract "trap"
Contract trap is the most common one. The trap setters often use the contract and use the signboard of "law" to lure the other party into being deceived. Its manifestations are as follows: ① business card (cheating) subject: one party to the contract has no registered capital, cannot provide business certificate and legal person qualification certificate, and only has personal business card (marked with company, position, correspondence address, telephone, etc.). This kind of businessman has no legal person qualification and often appears as business cards of Companies in Southeast Asia, Hong Kong, Macao and Taiwan, And act as an intermediary to collect commissions. ② Change terms: if the main terms of the contract are changed, the fraudster claims that for various reasons, it is suggested that a third party perform the contract instead of himself, and the deceived party often agrees easily and is deceived; Change the transportation terms of the contract and change liner transportation to charter transportation; Change the terms of payment and change the L / C payment to collection or remittance; Change the inspection terms to foreign inspection organization. ③ Not signing a written contract: on the grounds of Article 11 of the United Nations Convention on Contracts for the international sale of goods, the settler argued that foreign trade companies do not have to worry about the absence of a written contract, as long as both parties agree. ④ Utilization clause: in the practice of international trade, many trap setters use some imperfect clauses or create imperfect clauses to commit fraud, which is mainly reflected in the following clauses: quality clause, claim clause, guarantee clause, liquidated damages clause, etc.
2. Letter of credit "trap"
Letter of credit settlement is the main method of international trade settlement. In order to deceive foreign trade companies, some foreign customers often gain trust by opening letters of credit, while some foreign trade companies often do not know each other's reputation, Being "trusted" by the letter of credit and neglecting to take preventive measures. Those who set traps in the content of the letter of credit stipulate a clause in their letter of credit. Whether this clause can be realized completely depends on the issuer. No matter what efforts the beneficiary makes, it will inevitably be refused payment. This is the "trap" of fraud by using the "soft clause" of the letter of credit.
Common soft clauses are of the following types: ① letters of credit that do not take effect temporarily shall be notified to take effect after the issuance of import license or after the samples are confirmed by the issuer; ② The shipping company, name of vessel, port of destination, port of departure or surveyor, and date of shipment shall be notified by the issuer or with the consent of the issuer, and the issuing bank shall notify separately in the form of amendment: ③ the payment responsibility shall not be fulfilled until the goods have passed the inspection of the importer after arriving at the port of destination; ④ The designated beneficiary must submit the inspection certificate issued by the foreign inspection agency or the certificate issued by the applicant's designated representative, etc. such fraud often occurs in CFR / CIF contracts.
3. Document "trap"
At present, in all links of import and export trade, documents are the main basis and evidence in the business process. It is this characteristic that the trap setters dig their brains, make a big fuss, confuse the true with the false, and confuse the true with the false. In the practice of foreign trade and economic cooperation, generally, there are more counterfeits in the following documents: first, the export declaration form; Second, foreign exchange memo; Third, the contract; Fourth, bills of exchange and promissory notes; Fifth, the bill of lading. Others forge a full set of documents consistent with the requirements of the letter of credit, so that the bank can make unconditional payment due to the apparent consistency of documents, so as to achieve the purpose of fraud, which is a fraud method with high probability. According to the provisions of UCP500, the beneficiary shall submit commercial invoices, bills of exchange and transportation documents (including ocean bills of lading, railway bills of lading, air waybills and receipts for goods). Among them, ocean bills of lading are the most important documents, as well as customs declarations, foreign exchange water bills and verification forms in China's import and export management. Fraudsters forge contents, set up fake companies, issue fake documents, and some even forge letters of credit through splicing, alteration and so on. Such forged documents, such as foreign trade companies can not identify, are often deceived and fall into the "trap" of documents, and regret.
4. Transportation "trap"
The "trap" in the transportation link of import and export trade is the most difficult to see through. Because there are many links, long cycle and complicated procedures in marine transportation and multimodal transportation, most of the traps collude with small ship owners or transportation agents with poor reputation in the name of importing bulk raw materials or bulk domestic urgently needed commodities from China, forging transportation Bills of lading to defraud domestic payment, and then run away. Others cheat through countersigned bill of lading and advance bill of lading, charter party fraud, diversion fraud, owner abuse of exemption clause fraud, marine insurance fraud and so on. Their common characteristics of fraud are internationality, complexity and sensitivity. Because there are many transportation links and complex legal and professional technical knowledge are involved, some companies make decisions by chance without consulting lawyers, or trust some transportation agents with bad reputation, which are often deceived.
5. Settlement "trap"
In terms of export: now, many illegal businessmen often use the pretext of poor market conditions and need time to promote sales, and use the method of certificate change to delay the settlement time. For example, L / C changes D / P and D / a after several batches of goods. Once the exporter accepts D / P and D / a forward payment or consignment, although the other party claims to voluntarily pay deferred interest, in fact, after the illegal businessman waits for the goods to arrive in Hong Kong, if the market is bad, he will apply for refusal of payment. Others said they could open a letter of credit, but did not open it. After being urged by the foreign trade company for several times, they told "the letter of credit has been issued and can be delivered first. At this time, the shipping schedule is approaching. After receiving the letter of credit, they found that many terms are inconsistent, so they had to change remittance (remittance is only a commercial credit). At this time, the troublemaker takes back the unsent original bill of exchange, causing losses to the foreign trade company in terms of money and goods.
In terms of import: the other party asked the foreign trade company to open a letter of credit to defraud foreign exchange by fake import.
In terms of processing trade: most of them use other means to set up traps to defraud funds.
6. Tax rebate "trap"
In the import and export business, tax rebate has been a high incidence link of trap. Trap setters often seize the export commodities with high tax rebate rate and use no tax rebate as the bait to deceive foreign trade companies and deceive many foreign trade companies. Others propose that the tax rebate should be fast or as long as half of the tax, and require foreign trade companies to pay the tax in advance. At the same time, they say that there is no problem with complete documents. Because fraudsters can generally provide value-added tax invoices (but falsely written, which is difficult to identify), payment letters, etc., foreign trade companies have psychologically reduced their awareness of prevention. Of course, the tax rebate trap is set up by the trap setter with supporting institutions, such as special "sales companies", special "institutions providing value-added tax invoices" and special "personnel", which are connected in parallel, one ring after another, making it difficult for people to identify.
2、 Methods of identifying traps
These traps in the operation of import and export business have a common purpose, that is to defraud money. Although these fraud means are clever, they will always reveal some flaws, and there is little possibility that they can be seamless. As long as our foreign trade companies and enterprises improve their vigilance and master the methods of identifying traps, they can completely avoid entering the traps by mistake. The author summarizes seven identification methods from the practice of import and export operation, For your reference.
1. Business authenticity identification
This identification is the most important identification in import and export business. "Authenticity" audit is to eliminate the "four self and three missing" business and the trap of false business. How to control the authenticity? The author believes that: ① there should be "five haves", that is, in the export business, there are sellers, buyers, corresponding products, factories producing products and transporters; In import business: there are sellers, buyers, products, transporters and end users; There is the original import agency agreement under the import agency item. ② In business operation, there are generally standardized operating procedures and rules, with the participation of banks. Most of these businesses are self operated. ③ Not the same person (even the agent business is not the same person as the buyer, seller and transporter).
2. Contract identification
In the import and export business, if it is difficult to achieve the desired authenticity in the identification, the other party colludes with each other in several aspects, cooperates with each other, and repeatedly emphasizes the authenticity, and the foreign trade company wants to try again, it can sign a rigorous contract to identify the other party, such as setting quality terms, certification terms, price terms, inspection terms, claim terms, payment terms, transportation terms, and setting out detailed specifications and requirements in the contract. And require the other party to have a legal representative or authorized signature. In particular, it should be emphasized that the signing place is in this region.
In the import contract, it is emphasized to prove the quality standard, evaluation clause, protective clause, inspection clause, transportation requirements, etc. Strict arbitration clauses should be stipulated in export contracts; It stipulates that the exporting country is the place of arbitration for the settlement of disputes and disputes. Note that written contracts must be signed in import and export, because written contracts are deterministic, cautionary and open, and have the function of evidence. Some frauds will certainly reveal flaws in written contracts, which can be identified by foreign trade companies in time when signing contracts.
3. Credit investigation and identification
In import and export trade, it is very important to choose the trading partner. We must carefully investigate 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, verify the authenticity of the original and copy at the same time, and go to the local industrial and commercial administrative authorities and tax authorities through legal channels to understand and verify their business activities and whether they are still carrying out business activities legally. There are also goods / registered capital / legal address, etc. We should also investigate 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, source of goods, etc. The credit status of the parties is related to their ability to bear debt liability and their sincerity to perform the contract. In the credit investigation and identification, the subject qualification should be clearly identified. If the other party appears as a natural person, or as a legal person or an illegal economic organization Now, or the identity of the legal representative or the identity of the entrusted agent appears. Identification methods can also be adopted: ① bank query; ② Inquiry of overseas institutions; ③ Industry inquiry; ④ Import and Export Chamber of Commerce inquiry; ⑤ Inquiries of relevant institutions, etc.
4. High tech identification
High tech mainly uses electronic technology to detect and analyze. First, identify all kinds of important documents forged by fraudsters. For example, forged documents are generally characterized by uneven color, incomplete and unclear fine lines, deformation of patterns, patterns and lines, uneven thickness, or differences, and complex patterns are easy to be blurred. Although some forged documents are also made with some precision instruments, which are difficult to distinguish the true from the false by the naked eye, through electronic technology analysis, It is not easy to appear on the fine lines of the picture and text "White leakage" phenomenon. In the identification of watermark, when the forged document is viewed against the light, it can not see the level of the image, and the real document watermark is clear and natural in perspective; when the fake document watermark is tested under ultraviolet light, it glows, and the real document watermark does not glow. Second, under the condition of import and export trade electronic network, it can quickly feed back all kinds of information and data of the parties, which can be mastered and identified by the departments of industry and commerce, customs, taxation, foreign exchange, banking and so on.
5. Risk avoidance identification
The use of risk aversion means is very important in the practice of import and export trade. For example, in the purchase and sale of complete sets of equipment with huge amount and in the trade of batch delivery, importers should strive to use revolving letter of credit to avoid risks. Generally speaking, fraudsters will of course oppose the use of revolving letter of credit, because this method can make the final payment occur after the equipment is properly installed or each batch of goods are delivered, so it can ensure that the quality of the goods provided by the exporter meets the requirements of the letter of credit. In the opening of letters of credit, transferable letters of credit shall not be opened, and free negotiation letters of credit shall be avoided. It is necessary to clarify the contents of the terms of the letter of credit. Exporters may consider using confirmed letters of credit as much as possible and correctly choosing international trade terms. 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 trade charter and space booking, avoid dealing with the owners of convenience flag ships of the nature of "leather bag company". At the same time, pay attention not to rent and order old ships and old ships, and choose ship types suitable for the characteristics of goods, so as to ensure the safety of goods during transportation. In addition, we should strictly review the documents, strengthen the identification of fake letters of credit and "soft clause" letters of credit, and propose to modify the letters of credit once found.
6. Psychological recognition
In the actual business, there is also a psychological war between the trap setter and the deceived, which requires the business personnel of our foreign trade company to grasp their own psychological activities and identify or lead to the other party's actual psychology through their own psychology. Because in the import and export business activities, some business personnel of foreign trade companies often have a winning psychology, interest driven psychology, risk-free psychology as long as they do not move funds, integrity psychology, celebrity is credit psychology and so on. These psychology are often mastered by the trap setters and used various means to confuse the business personnel of foreign trade companies and lead the psychology. Then the business personnel of foreign trade companies should know their own psychology and the psychology of each other, so as to "know yourself and the other". Generally, the psychology of people is not revealing flaws, creating suspense, confessing themselves, wearing hats and hats, removing flowers and trees, forging themselves and so on. When identifying, the business personnel of the foreign trade company can put forward whether the counter guarantee can be used to test the other party. If the other party puts forward different opinions, it can test the other party. If the other party requests to change the terms of the letter of credit or contract, such as changing the payment terms, changing the subject of the contract, changing the transporter, changing the main terms, etc., the foreign trade company shall reply in time, indicate its opinions, insist on not changing, and explain the reasons why it cannot be changed. In this way, we can observe each other's reaction, which is called psychological stalemate; If the other party insists on changing, or puts forward such language as what to do if it doesn't change, relevant measures should be taken to prevent accidents, because this attitude has told us that the other party is forcing the foreign trade company to comply, so the foreign trade company should insist on the one hand, and strive to take the initiative in accordance with the law and regulations to prevent traps, which is called psychological delay. Through psychological stalemate and psychological delay identification, generally, the trap setter can't wait to show his feet.
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