Series Training on Basic Risk Prevention and Control of International Freight Forwarders
In order to help international freight forwarding enterprises prevent and control the basic risks of operation, Shanghai Business Committee held a series of eight-lecture courses on risk control of international freight forwarding enterprises from 2018 to 2019, focusing on the introduction of national policies and regulations related to international freight forwarding industry, legal knowledge and key points of risk prevention in international freight forwarding operation, so as to enable enterprises to fully understand and predict operational risks and strengthen them. Risk control.
I. Compensation and Risk Control of Huge Loans Caused by Documents and Directives
Article 308 of the Contract Law, before the carrier delivers the goods to the consignee, the shipper may require the carrier to suspend the carriage, return the goods, change the place of arrival or deliver the goods to other consignees, but the carrier shall be compensated for the losses incurred as a result.
1. How to do a good job of the B/L radio-release instructions?
Retain the documentary certificate of the principal's "Radio Discharge Directive"; Radio Discharge Guarantee Letter, Radio Discharge Directive; One-to-one correspondence.
2. Who should I look for when collecting freight?
When recovering freight, the powerful party will choose to be the "principal".
(1) Letter of attorney
(2) Agreement
(3) Confirmation of Bill of Lading
(4) Transport Confirmation
(5) Freight invoices and payment vouchers
(6) Other
3. No pick-up at destination port?
(1) Non-SSR shippers are not liable; when they are SSR shippers, they negotiate with shipping companies for delayed container charges.
(2) To sign the clause of "Party B shall be liable for the cost of unattended delivery at the destination port" with its peer customers or direct passengers.
4. Fair Trade Bureau of Ministry of Commerce 2013 New Regulations on Brazilian Bill of Lading without Original Bill of Lading
(1) After the customs clearance of the imported goods is completed, the importer may not take delivery of the goods on the basis of the original bill of lading;
(2) Before the new regulations: Brazilian Customs carries out the procedure of clearance before delivery. The importer or forwarder should provide the original bill of lading, original invoice and packing list to the Customs during the clearance process.
(3) After the promulgation of the new regulations, the importer (consignee) or freight forwarder shall take the original bill of lading (MB/L) and go to the shipping company to exchange the delivery order (D/O-DELIVERY ORDER) for customs clearance. After the clearance, the importer shall take the bill of lading according to the clearance certificate of the customs cargo, without producing the original bill of lading.
2. Analysis of Forwarder Liability Caused by HS Coding Error and Risk Prevention
1. HS coding is an inevitable part of handling import and export customs clearance, because HS coding error may be involved.
As a result, the goods involved will be inspected and investigated, the customs clearance time will be prolonged, and even be punished by the Customs for smuggling. As a result, disputes and disputes with the cargo owners will arise.
2. The "customs declaration errors" referred to in Article 15 of the Regulations of the People's Republic of China on Implementing Customs Administrative Penalties refer to the cases of undeclared or unreal declarations of goods, tax rules, numbers, specifications, prices, modes of trade, origin, place of origin, place of departure, place of arrival, final destination or other items that should be declared in the process of customs declaration.
3. Article 12 of the Regulations on the Administration of the Declaration of Import and Export Goods of the Customs stipulates that the customs declaration enterprise shall, when accepting the entrustment of the consignee for import and export, conduct a reasonable examination of the authenticity and completeness of the information provided by the client when handling the customs declaration formalities. The contents of the examination include:
1) Information to prove the actual situation of import and export goods, including the name, specifications, use, origin and trade mode of import and export goods;
2) Commercial documents such as contracts, invoices, transport documents and packing lists concerning import and export goods;
3) Licenses and accompanying documents required for import and export;
4) Processing trade manuals (paper or electronic data) and other import and export documents required by the Customs.
4. Common penalties for customs declaration (freight, logistics) companies
1) Simple filling-in errors in declaring currency, quantity, etc.
2) Price error declaration - payment method not audited
3) False declaration of price-unknown and truthful declaration of valuation method
4) False declaration of price commitment and incorrect filling in 1 and 0
5) omission of licence declaration
6) Delivery of goods without inspection
7) False declaration of name and commodity number
8) Filing of violations of entry
5. summary
1) Carefully fulfill the obligation of reasonable review and accurately examine the integrity.
2) Check the authenticity of customs declaration documents and keep verification records.
3) Import declaration information can be determined by pre-judgment if necessary.
4) Strengthen self-examination and make voluntary disclosure after finding problems.
5) The client shall specify the name and tax number of the import and stipulate the responsibility for declaration.
6) The principal makes a true and legitimate promise and sets a limit of liability.
The above content comes from the basic risk prevention and control training of international freight forwarding enterprises organized by Shanghai Business Committee and Shanghai International Freight Forwarding Industry Association.