Free Alongside ship-FAS
FAS Trade (FAS) means that the seller at the named port of shipment on the dock or barge to the side of the boat to bring the goods from that time on the goods the buyer has to bear the full cost of loss or damage and risks, while the buyer must apply for export clearance procedures . The previous version requires the buyer to arrange for export procedures. However, if the parties wish the buyer to export formalities required in the contract of sale clearly stated. This term applies only to sea or inland waterway transport in this term for sea or inland waterway transport.
Free Alongside Ship - Delivery Contract
FAS the seller is responsible for the goods handed port named by the buyer ships alongside the boat, the ship can not be docked at the pier when the need Barge and handed the barge, the seller risks, responsibilities and costs are all this as a profession, after all the risks and the cost borne by the buyer of a sale and purchase agreement. FAS is characterized by the contract: the seller is not responsible for the goods for export, all export-related matters are responsibility of the buyer. In foreign trade, when the seller is unwilling to bear the responsibility of the real export of goods, or cargo ship with special difficulties, they often adopt FAS conditions in order to make their own exemption from certain obligations.
Free Alongside Ship - Scope
FAS in accordance with the "2000 International Incoterms" explanation, FAS, including the term applies only to sea water, including means of transport, place of delivery can only be a port of shipment. However, the. In accordance with the "1941 American Foreign Trade Definitions" of the revised explanation, FAS is FreealongSide of an abbreviation, referring to the next means of transport handed. Thus, in dealing with the North American terminology used in FAS, the FAS should be followed by "Vessel" word to make it clear that "Free Alongside Ship." In this regard, should be noted. China's import and export business, if both parties agreed that adoption of FAS trade term contract, then the contract is called FAS contract, the parties in the contract as long as the seller and the buyer is not exempt. "2000 International Incoterms", then once the two sides in delivery in event of a dispute, the courts and the arbitral tribunal may rule in accordance with the above-mentioned decisions and awards.
Wednesday, November 11, 2009
Delivered Duty Paid-DDP
Delivered Duty Paid-DDP
DDP-What is the DDP DDP is the "2000 General" contains 13 kinds of trade in terms of the seller to take risks, responsibilities and costs are greatest for a term. Specifically means that the seller is responsible for the goods from origin to have been transported to the importing country under the contract specified destination, the goods are actually handed the hands of the buyer, not be completed until delivery. The seller must bear the goods to the named place of destination of all the risks and costs, including customs formalities required to be paid at the destination of any "tax" (including customs procedures, responsibilities and risks, and to pay fees, customs duties, taxes and other costs). EXW term represents the minimum obligation for the seller and the seller, DDP bear the greatest responsibility. If the seller is unable directly or indirectly, to obtain the import license, you should not use this terminology. However, if the parties wish to pay any import when all costs (such as value-added tax) from the seller's obligation to exclude, it should be clearly stated in the sales contract. If the parties wish the buyer to bear the risks and costs of imports, the term DDU should be used.
DDP-DDP in the obligations of buyers and sellers
This term applies to a variety of modes of transport, but when the cargo ship in the port of destination or pier delivery, the DES or DEQ terms should be used.
A seller's obligation to B THE BUYER'S OBLIGATIONS A1 conformity with the contract to provide goods The seller must deliver the goods under the sales contract and the commercial invoice, or its equivalent electronic message, as well as the contract may be required to prove that the goods in line with other documents stipulated in the contract. B1 to pay the price The buyer must pay the price in accordance with the provisions of the contract of sale.
A2 permits, other permits and procedures The seller must at his own risk and expense any export license and import license or other official authorization or other documents and, if necessary customs formalities when the goods for export and import, as well as transit through any country all the necessary customs formalities.
B2 Licenses, authorizations and formalities The seller claimed to be by its risk and expense, the buyer must give the seller all the assistance to help the seller when the customs formalities required to obtain the necessary import of the goods import license or other official authorization.
A3 Contracts of carriage and insurance contracts
a) the contract of carriage The seller must at his own expense for the carriage of the goods to the named destination. If no agreement can not be determined by practice, or specific delivery point, the seller may select the most suitable destination for the purpose of the delivery point.
b) insurance contracts No obligation.
B3 Contracts of carriage and insurance contracts
a) the contract of carriage No obligation.
b) insurance contracts No obligation.
A4 Delivery The seller must deliver the agreed date or within the period specified in the delivery of destination means of transport not unloaded the goods to the buyer or the buyer such other person to dispose of.
B4 Taking delivery The buyer must take delivery in accordance with the provisions of the goods when they A4.
A5 Transfer of risks In addition to B5 provided, the goods the seller must bear all risks of loss of or damage, until the required delivery date has been in accordance with A4.
B5 Transfer of risks A4 The buyer must bear in accordance with the provisions of goods from the time of delivery all risks of loss or damage. If the buyer failed to fulfill its obligations under B2, you must bear the resulting loss of or damage to the goods occurred in all the additional risk. If the buyer does not notify the seller in accordance with B7 provided, it must be from the agreed delivery date or the expiry date of delivery, the goods bear all risks of loss or damage, however, that the goods have been duly appropriated to the contract, that is clearly set aside or otherwise identified as the contract of the goods.
A6 Division of costs In addition to B6 regulations, the seller must pay in accordance with A3a) provided the costs incurred, and in accordance with A4 provisions relating to the goods prior to delivery all costs; and when the customs formalities required for export and import of the need to apply the cost of customs formalities , and the export and import of goods shall pay all duties, taxes and other charges, and in accordance with A4 prior to delivery of goods from his country of transit costs. B6 Division of costs The buyer must pay from the time of delivery in accordance with the provisions of A4 from all costs relating to the goods; and if the buyer does not fulfill its obligations under B2, or to give notice in accordance with B7 provided, thus all the additional costs incurred, however, that the goods have been duly appropriated to the contract, that is, clearly set aside or otherwise identified as the contract of the goods.
A7 Notice to the buyer The seller must give the buyer sufficient notice of the shipment of goods, as well as any other notice required in order to be able to receive the goods the buyer is usually to take the necessary measures. B7 notice to the seller Once the buyer the right to decide within an agreed period of time and / or head to Hong Kong at the specified point of taking delivery, the buyer must give the seller sufficient notice this.
A8 Proof of delivery, transport document or equivalent electronic messages The seller must provide the buyer's expense in accordance with A4/B4 taking the goods from the provisions of the bill of lading may be required and / or the usual transport document (for example a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway transport air waybill, a railway consignment note, road Single or a multimodal transport document) to enable the buyer receive the goods in accordance with the provisions of A4/B4. Such as the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding item can be replaced by an equivalent electronic data interchange (EDI) message. B8 Proof of delivery, transport document or equivalent electronic messages The buyer must accept the delivery order in accordance with A8 or the transport documents.
A9 Checking, packaging, marking The seller must pay in accordance with A4 required to carry out the required delivery costs of those checking (such as checking quality, measuring, weighing, counting). The seller must pay costs of delivery of the required packaging (except in accordance with relevant industry practice, the contract referred to in the goods can be delivered without packaging). Packaging is to be marked appropriately.
B9 Inspection of goods. The buyer must pay the costs of any pre-shipment, but the country of export, except the test mandated by the authorities.
A10 Other obligations The seller must pay for access to documents described in B10 or equivalent electronic messages (A8 other than those mentioned) what happened costs, and reimburse the buyer in rendering his assistance costs incurred. Should be requested by the buyer, the seller must provide the buyer with the necessary insurance information. B10 Other obligations Should be the seller's request, risk and expense, the buyer must give the seller all the assistance to help the seller in accordance with these rules will be made for the delivery of the goods the buyer needs, from the importing country issued or transmitted in any documents or equivalent electronic message .
DDP-What is the DDP DDP is the "2000 General" contains 13 kinds of trade in terms of the seller to take risks, responsibilities and costs are greatest for a term. Specifically means that the seller is responsible for the goods from origin to have been transported to the importing country under the contract specified destination, the goods are actually handed the hands of the buyer, not be completed until delivery. The seller must bear the goods to the named place of destination of all the risks and costs, including customs formalities required to be paid at the destination of any "tax" (including customs procedures, responsibilities and risks, and to pay fees, customs duties, taxes and other costs). EXW term represents the minimum obligation for the seller and the seller, DDP bear the greatest responsibility. If the seller is unable directly or indirectly, to obtain the import license, you should not use this terminology. However, if the parties wish to pay any import when all costs (such as value-added tax) from the seller's obligation to exclude, it should be clearly stated in the sales contract. If the parties wish the buyer to bear the risks and costs of imports, the term DDU should be used.
DDP-DDP in the obligations of buyers and sellers
This term applies to a variety of modes of transport, but when the cargo ship in the port of destination or pier delivery, the DES or DEQ terms should be used.
A seller's obligation to B THE BUYER'S OBLIGATIONS A1 conformity with the contract to provide goods The seller must deliver the goods under the sales contract and the commercial invoice, or its equivalent electronic message, as well as the contract may be required to prove that the goods in line with other documents stipulated in the contract. B1 to pay the price The buyer must pay the price in accordance with the provisions of the contract of sale.
A2 permits, other permits and procedures The seller must at his own risk and expense any export license and import license or other official authorization or other documents and, if necessary customs formalities when the goods for export and import, as well as transit through any country all the necessary customs formalities.
B2 Licenses, authorizations and formalities The seller claimed to be by its risk and expense, the buyer must give the seller all the assistance to help the seller when the customs formalities required to obtain the necessary import of the goods import license or other official authorization.
A3 Contracts of carriage and insurance contracts
a) the contract of carriage The seller must at his own expense for the carriage of the goods to the named destination. If no agreement can not be determined by practice, or specific delivery point, the seller may select the most suitable destination for the purpose of the delivery point.
b) insurance contracts No obligation.
B3 Contracts of carriage and insurance contracts
a) the contract of carriage No obligation.
b) insurance contracts No obligation.
A4 Delivery The seller must deliver the agreed date or within the period specified in the delivery of destination means of transport not unloaded the goods to the buyer or the buyer such other person to dispose of.
B4 Taking delivery The buyer must take delivery in accordance with the provisions of the goods when they A4.
A5 Transfer of risks In addition to B5 provided, the goods the seller must bear all risks of loss of or damage, until the required delivery date has been in accordance with A4.
B5 Transfer of risks A4 The buyer must bear in accordance with the provisions of goods from the time of delivery all risks of loss or damage. If the buyer failed to fulfill its obligations under B2, you must bear the resulting loss of or damage to the goods occurred in all the additional risk. If the buyer does not notify the seller in accordance with B7 provided, it must be from the agreed delivery date or the expiry date of delivery, the goods bear all risks of loss or damage, however, that the goods have been duly appropriated to the contract, that is clearly set aside or otherwise identified as the contract of the goods.
A6 Division of costs In addition to B6 regulations, the seller must pay in accordance with A3a) provided the costs incurred, and in accordance with A4 provisions relating to the goods prior to delivery all costs; and when the customs formalities required for export and import of the need to apply the cost of customs formalities , and the export and import of goods shall pay all duties, taxes and other charges, and in accordance with A4 prior to delivery of goods from his country of transit costs. B6 Division of costs The buyer must pay from the time of delivery in accordance with the provisions of A4 from all costs relating to the goods; and if the buyer does not fulfill its obligations under B2, or to give notice in accordance with B7 provided, thus all the additional costs incurred, however, that the goods have been duly appropriated to the contract, that is, clearly set aside or otherwise identified as the contract of the goods.
A7 Notice to the buyer The seller must give the buyer sufficient notice of the shipment of goods, as well as any other notice required in order to be able to receive the goods the buyer is usually to take the necessary measures. B7 notice to the seller Once the buyer the right to decide within an agreed period of time and / or head to Hong Kong at the specified point of taking delivery, the buyer must give the seller sufficient notice this.
A8 Proof of delivery, transport document or equivalent electronic messages The seller must provide the buyer's expense in accordance with A4/B4 taking the goods from the provisions of the bill of lading may be required and / or the usual transport document (for example a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway transport air waybill, a railway consignment note, road Single or a multimodal transport document) to enable the buyer receive the goods in accordance with the provisions of A4/B4. Such as the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding item can be replaced by an equivalent electronic data interchange (EDI) message. B8 Proof of delivery, transport document or equivalent electronic messages The buyer must accept the delivery order in accordance with A8 or the transport documents.
A9 Checking, packaging, marking The seller must pay in accordance with A4 required to carry out the required delivery costs of those checking (such as checking quality, measuring, weighing, counting). The seller must pay costs of delivery of the required packaging (except in accordance with relevant industry practice, the contract referred to in the goods can be delivered without packaging). Packaging is to be marked appropriately.
B9 Inspection of goods. The buyer must pay the costs of any pre-shipment, but the country of export, except the test mandated by the authorities.
A10 Other obligations The seller must pay for access to documents described in B10 or equivalent electronic messages (A8 other than those mentioned) what happened costs, and reimburse the buyer in rendering his assistance costs incurred. Should be requested by the buyer, the seller must provide the buyer with the necessary insurance information. B10 Other obligations Should be the seller's request, risk and expense, the buyer must give the seller all the assistance to help the seller in accordance with these rules will be made for the delivery of the goods the buyer needs, from the importing country issued or transmitted in any documents or equivalent electronic message .
Letter of Guarantee--L/G
Letter of Guarantee--L/G
Letter of Guarantee(L / G ) also known as the guarantee, it refers to banks, insurance companies, guarantee companies or individuals should be the applicant's request, to third parties opened a credit guarantee in writing credentials. Ensure that the applicant failed to discharge its responsibility by mutual agreement or obligation, by the Guarantor to fulfill a certain amount on its behalf, a certain period of time within the scope of liability to pay or financial liability.
Guarantee - the role of Raising the amount of advance payment guarantee to ensure meaningful agreement between the applicant has failed to fulfill its responsibility or obligation, by the Guarantor to fulfill a certain amount on its behalf, a certain period of time within the scope of liability to pay or financial liability. Bond shall guarantee, for convenience, shipping companies and banks have a certain format are printed guarantee.
With guarantees of its role includes the delivery of the goods that, with bond issuing clean bills of lading that with the advances of a bill of lading, etc. backdating guarantee. With guarantee delivery of the goods in the circumstances, the consignee to ensure the receipt of bill of lading public ie shipping companies to return a full set of original bills of lading, the consignee shall bear the freight and other costs paid by the responsibilities and failing to submit the bill of lading and the delivery of the goods produced are responsible for all losses and show the content for the guarantee by the bank jointly and severally liable, together with the consignee. With bond issue was to make the bill of lading the shipper can clean bill of lading, shipping bill of lading has been successful settlement. With regard to guarantee the legal effect of the Hague Visby Rules are rules and there is no provision, taking into account bond in the shipping business, the practical significance and the need to protect innocent third parties, the Hamburg Rules, for the first time the effect on the bond issue a clear requirement guarantees that the agreement between the carrier and the shipper shall not be against a third party, the bond between the carrier and the shipper, but in the absence of intent to deceive a third party only in force; if found intent to deceive the first three, then the carrier shall not benefit from the compensation limitation of liability when a third party, and the guarantee of no effect.
Guarantee - parties and their rights and responsibilities
Payment Guarantee
1, the principal (Principal), is a bank or insurance company for opening a guarantee person. Principal duties and responsibilities are
(1) In the Guarantor in accordance with the provisions of guarantee payment to the beneficiary immediately after the guarantor to repay the amount due.
(2) The guarantee under the burden of all costs and interest.
(3) The sponsor if deemed necessary, should be an advance of some or all of the deposit.
2, the guarantor (Guarantor), is a guarantee of open Liren. Guarantor of rights and responsibilities are:
(1) In an interview with the client application, according to the instructions of the principal opened guarantee to the beneficiaries.
(2) bond is incumbent upon opening a letter of guarantee commitments in accordance with the conditions reasonable and prudent manner, including submission of audited statement of claim, including all documents, to pay the beneficiary.
(3) guarantee repayment of the principal is not immediately paid the section line of cases, the right to dispose of deposit, collateral, collateral. If the later, less than a cover, then the secured line of the right to recourse under part of the client.
3, the beneficiary (Beneficiary), is entitled to the provisions of Letter of Guarantee issued by a notice or demand for payment, together with other documents, to obtain a guarantor money people. Rights of the beneficiaries are: According to the guarantee provisions, guarantees consistent with valid payment claim submitted statements, or in conjunction with relevant documents, to the guarantor to demand payment, and get paid .
1, guarantees and standby letters of credit similar to the Office
(A) of the definition and the basic similarities between the legal parties Guarantees and standby letters of credit, although the specific expressions of the definition is different, but in general, they are by a bank or other strong non-bank financial institutions under the contract of a transaction party (applicant ) at the request or direction, to the transaction the other party (beneficiary) a legislature of the written document, submitted on the surface commitment to comply with its provisions on a written statement of claim or other document to be paid. Guarantees and standby letters of credit is basically the same legal person, generally including the applicant, a guarantor or the Issuing Bank (both in the same position), the beneficiary. The legal relationship between the three is that the applicant and the guarantor or the Issuing Bank, but between the contractual relationship between rights and obligations between the two is to open applications or guarantee the Issuing Bank and the beneficiary the legal relations is based on guarantees or standby letters of credit shall prevail.
(B) The application of the common Guarantees and standby letters of credit and guarantees for International Settlements are an important form of international economic and trade exchanges can play the same role, to achieve the same purpose. In the international economic and trade exchanges, the trading parties often require a variety of guarantees to ensure that the discharge of debts, such as the tender transactions tender security, performance guarantees, equipment, trade in advance repayment guarantee, quality or maintenance guarantee, the international technology trade of payment guarantees, these guarantees by guarantee or standby letter of credit can be realized in the form. From the standby letter of credit generation to see that it is as an alternative to bond generated, therefore, to achieve its natural and guarantees are coincide. Development of the practice is true.
(C) the nature of the common International trade practice, mostly in the Letter of Guarantee for Demand Guarantees, which absorbed the characteristics of the letter of credit, more and more closer to the letter of credit, so that for Demand Guarantees and standby letters of credit is becoming more similar in nature. Manifested as follows: First, the guarantor bank or issuing bank guarantees or payments are the primary responsibility, although the guarantee or standby letter of credit from the purposes is to play a security role, that is, when the applicant does not discharge the debt when the beneficiaries present their letter of guarantee or standby letter of credit to obtain compensation, while the applicant fulfilled its debts, the beneficiaries would not be necessary to use (standby letter of credit is the case, named after); second, although they are based on the applicant and the the basis of the beneficiary entered into a contract opened, but once opened, are independent of the underlying contract; third, they are purely documentary transactions, the guarantor or the Issuing Bank claims on the beneficiaries is based on the guarantee or stand-by credit permit the terms and provisions of the documents, that is, only vouchers for payment. Therefore, some people bond known as the "guarantee letter of credit."
2, guarantees and standby letters of credit differ
(A) guarantee a guarantee from the property and the independence of the sub-guarantee, standby letters of credit there is no such distinction between Guarantee people's security as a kind of virtue with which it contracts for the opening of the basis of the relationship between the property or be independent from the relationship? Accordingly, the bond in nature and independence of the bond guarantee from the property divided. From the properties of a traditional bond, the bond is the basis for the contract a subsidiary contract, the legal effect of the existence of a contract with the foundation, change, loss, the responsibility of the guarantor of the payment obligations are secondary only when the security Applicants letter breach of contract, breach of contract and does not bear the responsibility to ensure that people bear the responsibility for breach of contract to ensure that people assume the liability under the guarantee.
The applicant whether the breach of contract, is the basis of the contract according to the provisions, as well as actual performance to make judgments, but this judge is obviously not simple, however, often can be resolved through arbitration or litigation in which the merits. So when the Letter of Guarantee from the property under the claim occurred, the guarantor according to the terms of the underlying contract as well as actual performance to determine whether or not to pay. States used for domestic transactions is essentially dependent nature of bond guarantee. Independence of the bond is different, even though it is based on a contract basis for the opening, but once opened, it has an independent effect, is self-contained document, the guarantor of the subject to the payment of claims of lifts, and only pursuant to guarantee their own terms. Guarantee the independence of the general should have a clear responsibility of a guarantor is irrevocable, unconditional and see the cable on demand. Guarantee Once out, without the beneficiaries consent, can not modify or discharge their commitments under the guarantee obligations; bond depends only on payment under the guarantee itself, rather than on bond transactions outside the the bank claims the beneficiary received immediately after the amount required to be paid. Demand guarantee is a typical representative of the independence of bond.
Guarantee the independence after World War II to meet the needs of the development of contemporary international trade by the development of banking and business practices set up gradually and become the mainstream and trend of international security, the main reason is: First, from the properties of bond's claim occurred, the secured banks are required to investigate the true performance-based contracts, which is its personnel and professional and technical capacity can not reach, and will therefore be involved in the contract disputes or even litigation. Banks for their own interests, not willing to become embroiled in a complex contract dispute, so that the interests of banks and credibility were damaged, while the tendency to use the independence of the bond. And the bank guarantee in dealing with business, are increasingly the introduction of the letter of credit business management principles, and even some of the bond is called, but security letter of credit.
Second, the independence can guarantee the interests of the beneficiaries of more secure and more easy to implement, can avoid the applicant to guarantee a variety of reasons, such as force majeure, contract performance impossible, and so to resist the request of its claim to avoid default Prosecution of persons who spent a lot of money, effort, and defects such as protracted litigation can ensure that their rights are not to be compromised because of contract disputes. Standby letters of credit as a form of letter of credit, there is no distinction and independence from the property, which has the letter of credit's "independence, self-sufficiency, pure transaction documents," the characteristics of the beneficiary of the letter of credit subject to the issuing Bank letter of credit only in accordance with the terms and conditions to decide whether to pay, and has nothing to do with the basis of the contract.
Letter of Guarantee(L / G ) also known as the guarantee, it refers to banks, insurance companies, guarantee companies or individuals should be the applicant's request, to third parties opened a credit guarantee in writing credentials. Ensure that the applicant failed to discharge its responsibility by mutual agreement or obligation, by the Guarantor to fulfill a certain amount on its behalf, a certain period of time within the scope of liability to pay or financial liability.
Guarantee - the role of Raising the amount of advance payment guarantee to ensure meaningful agreement between the applicant has failed to fulfill its responsibility or obligation, by the Guarantor to fulfill a certain amount on its behalf, a certain period of time within the scope of liability to pay or financial liability. Bond shall guarantee, for convenience, shipping companies and banks have a certain format are printed guarantee.
With guarantees of its role includes the delivery of the goods that, with bond issuing clean bills of lading that with the advances of a bill of lading, etc. backdating guarantee. With guarantee delivery of the goods in the circumstances, the consignee to ensure the receipt of bill of lading public ie shipping companies to return a full set of original bills of lading, the consignee shall bear the freight and other costs paid by the responsibilities and failing to submit the bill of lading and the delivery of the goods produced are responsible for all losses and show the content for the guarantee by the bank jointly and severally liable, together with the consignee. With bond issue was to make the bill of lading the shipper can clean bill of lading, shipping bill of lading has been successful settlement. With regard to guarantee the legal effect of the Hague Visby Rules are rules and there is no provision, taking into account bond in the shipping business, the practical significance and the need to protect innocent third parties, the Hamburg Rules, for the first time the effect on the bond issue a clear requirement guarantees that the agreement between the carrier and the shipper shall not be against a third party, the bond between the carrier and the shipper, but in the absence of intent to deceive a third party only in force; if found intent to deceive the first three, then the carrier shall not benefit from the compensation limitation of liability when a third party, and the guarantee of no effect.
Guarantee - parties and their rights and responsibilities
Payment Guarantee
1, the principal (Principal), is a bank or insurance company for opening a guarantee person. Principal duties and responsibilities are
(1) In the Guarantor in accordance with the provisions of guarantee payment to the beneficiary immediately after the guarantor to repay the amount due.
(2) The guarantee under the burden of all costs and interest.
(3) The sponsor if deemed necessary, should be an advance of some or all of the deposit.
2, the guarantor (Guarantor), is a guarantee of open Liren. Guarantor of rights and responsibilities are:
(1) In an interview with the client application, according to the instructions of the principal opened guarantee to the beneficiaries.
(2) bond is incumbent upon opening a letter of guarantee commitments in accordance with the conditions reasonable and prudent manner, including submission of audited statement of claim, including all documents, to pay the beneficiary.
(3) guarantee repayment of the principal is not immediately paid the section line of cases, the right to dispose of deposit, collateral, collateral. If the later, less than a cover, then the secured line of the right to recourse under part of the client.
3, the beneficiary (Beneficiary), is entitled to the provisions of Letter of Guarantee issued by a notice or demand for payment, together with other documents, to obtain a guarantor money people. Rights of the beneficiaries are: According to the guarantee provisions, guarantees consistent with valid payment claim submitted statements, or in conjunction with relevant documents, to the guarantor to demand payment, and get paid .
1, guarantees and standby letters of credit similar to the Office
(A) of the definition and the basic similarities between the legal parties Guarantees and standby letters of credit, although the specific expressions of the definition is different, but in general, they are by a bank or other strong non-bank financial institutions under the contract of a transaction party (applicant ) at the request or direction, to the transaction the other party (beneficiary) a legislature of the written document, submitted on the surface commitment to comply with its provisions on a written statement of claim or other document to be paid. Guarantees and standby letters of credit is basically the same legal person, generally including the applicant, a guarantor or the Issuing Bank (both in the same position), the beneficiary. The legal relationship between the three is that the applicant and the guarantor or the Issuing Bank, but between the contractual relationship between rights and obligations between the two is to open applications or guarantee the Issuing Bank and the beneficiary the legal relations is based on guarantees or standby letters of credit shall prevail.
(B) The application of the common Guarantees and standby letters of credit and guarantees for International Settlements are an important form of international economic and trade exchanges can play the same role, to achieve the same purpose. In the international economic and trade exchanges, the trading parties often require a variety of guarantees to ensure that the discharge of debts, such as the tender transactions tender security, performance guarantees, equipment, trade in advance repayment guarantee, quality or maintenance guarantee, the international technology trade of payment guarantees, these guarantees by guarantee or standby letter of credit can be realized in the form. From the standby letter of credit generation to see that it is as an alternative to bond generated, therefore, to achieve its natural and guarantees are coincide. Development of the practice is true.
(C) the nature of the common International trade practice, mostly in the Letter of Guarantee for Demand Guarantees, which absorbed the characteristics of the letter of credit, more and more closer to the letter of credit, so that for Demand Guarantees and standby letters of credit is becoming more similar in nature. Manifested as follows: First, the guarantor bank or issuing bank guarantees or payments are the primary responsibility, although the guarantee or standby letter of credit from the purposes is to play a security role, that is, when the applicant does not discharge the debt when the beneficiaries present their letter of guarantee or standby letter of credit to obtain compensation, while the applicant fulfilled its debts, the beneficiaries would not be necessary to use (standby letter of credit is the case, named after); second, although they are based on the applicant and the the basis of the beneficiary entered into a contract opened, but once opened, are independent of the underlying contract; third, they are purely documentary transactions, the guarantor or the Issuing Bank claims on the beneficiaries is based on the guarantee or stand-by credit permit the terms and provisions of the documents, that is, only vouchers for payment. Therefore, some people bond known as the "guarantee letter of credit."
2, guarantees and standby letters of credit differ
(A) guarantee a guarantee from the property and the independence of the sub-guarantee, standby letters of credit there is no such distinction between Guarantee people's security as a kind of virtue with which it contracts for the opening of the basis of the relationship between the property or be independent from the relationship? Accordingly, the bond in nature and independence of the bond guarantee from the property divided. From the properties of a traditional bond, the bond is the basis for the contract a subsidiary contract, the legal effect of the existence of a contract with the foundation, change, loss, the responsibility of the guarantor of the payment obligations are secondary only when the security Applicants letter breach of contract, breach of contract and does not bear the responsibility to ensure that people bear the responsibility for breach of contract to ensure that people assume the liability under the guarantee.
The applicant whether the breach of contract, is the basis of the contract according to the provisions, as well as actual performance to make judgments, but this judge is obviously not simple, however, often can be resolved through arbitration or litigation in which the merits. So when the Letter of Guarantee from the property under the claim occurred, the guarantor according to the terms of the underlying contract as well as actual performance to determine whether or not to pay. States used for domestic transactions is essentially dependent nature of bond guarantee. Independence of the bond is different, even though it is based on a contract basis for the opening, but once opened, it has an independent effect, is self-contained document, the guarantor of the subject to the payment of claims of lifts, and only pursuant to guarantee their own terms. Guarantee the independence of the general should have a clear responsibility of a guarantor is irrevocable, unconditional and see the cable on demand. Guarantee Once out, without the beneficiaries consent, can not modify or discharge their commitments under the guarantee obligations; bond depends only on payment under the guarantee itself, rather than on bond transactions outside the the bank claims the beneficiary received immediately after the amount required to be paid. Demand guarantee is a typical representative of the independence of bond.
Guarantee the independence after World War II to meet the needs of the development of contemporary international trade by the development of banking and business practices set up gradually and become the mainstream and trend of international security, the main reason is: First, from the properties of bond's claim occurred, the secured banks are required to investigate the true performance-based contracts, which is its personnel and professional and technical capacity can not reach, and will therefore be involved in the contract disputes or even litigation. Banks for their own interests, not willing to become embroiled in a complex contract dispute, so that the interests of banks and credibility were damaged, while the tendency to use the independence of the bond. And the bank guarantee in dealing with business, are increasingly the introduction of the letter of credit business management principles, and even some of the bond is called, but security letter of credit.
Second, the independence can guarantee the interests of the beneficiaries of more secure and more easy to implement, can avoid the applicant to guarantee a variety of reasons, such as force majeure, contract performance impossible, and so to resist the request of its claim to avoid default Prosecution of persons who spent a lot of money, effort, and defects such as protracted litigation can ensure that their rights are not to be compromised because of contract disputes. Standby letters of credit as a form of letter of credit, there is no distinction and independence from the property, which has the letter of credit's "independence, self-sufficiency, pure transaction documents," the characteristics of the beneficiary of the letter of credit subject to the issuing Bank letter of credit only in accordance with the terms and conditions to decide whether to pay, and has nothing to do with the basis of the contract.
Barter Transaction
Barter transaction-What is a barter trade ?
Barter is defined as a replacement, based on the equivalent value of exports of goods and import goods directly to combine methods of trading.
The traditional barter trade, each buyer and seller is generally the equivalent exchange of goods, does not involve payment of money, and no third party intervention, barter, including the exchange of the two sides to sign a contract to cover the goods into the matter to be determined. In international trade, the use of more outside the letter of credit by way of barter, that is, the two sides first set barter trade contracts, the provisions of the agreed price of their exports according to the letter of credit payments. The letter of credit opened with the first received approval to open out the other side or the base equivalent of the letter of credit equivalent to the entry into force. In addition, the inter-State settlement agreement entered into barter actually expanded the way of easy credit. According to the agreement, any party imports or exports, from both sides has the value of the designated bank account, in the period of time with each other to offset the settlement, the difference between gross and some of its provisions carried over the next year, and some provisions to pay cash more than the agreed amount of swing part of the difference.
Barter trade - the characteristics of barter trade Barter more flexible in practice, for example: at the time of delivery, you can import and export transactions at the same time, they can have a prior post; in payment methods, the available cash to pay, you can also account for billing, from the account offset each other; in transaction object, import the object can be a person, while the export of the object is designated by the importer to another person.
Barter trade - the two forms of barter trade
1. Direct barter Direct barter is also known as a general barter. From a strictly legal sense, means to barter barter. This direct barter form, often require the same time, import and export transactions, a deal is generally a sign of mutual satisfaction to both parties and the delivery of goods contracts, but does not involve a third party. It is the most common is currently the most widely used form of barter. For the delivery of goods through the transport of parties to transactions, because such barter form of general requirements for import and export at the same time, so there are difficulties in the application. So in actual operations, it generated a number of alternative approaches, the most common way of letter of credit shall be carried out through barter trade off. In the use of barter off letters of credit, the transaction before the two sides signed a barter contract, the two sides agreed to mutual commitment to each other in a certain time to buy a certain number of goods, their exports of goods by the agreed currencies, the total amount of the same or basically the same, paid off by the opening of letter of credit settlement mode, that is, both to each other as the beneficiary, the amount of opening letters of credit equal or nearly equal. As the delivery of the time difference, the two sides time to open letters of credit also has first, after the first imports of the issuing of the side in order to enable the other party is also issuing the obligation to fulfill the general requirements in the letter of credit in accordance with the regulations of the card to the other side to open a letter of credit for the entry into force; or the provisions of the amount of the card can only be used as the other side opened back card use, as the other.
2. Integrated Barter Comprehensive barter used for billing or payment between the two countries under the (settlement) agreement transactions. By the two governments signed a payment under the agreement, both sides each other's bank accounts, the two sides presented their respective governments in a certain period (usually one year) available to the other types of goods, import and export amount of basically the same, by mutual consent signed Yi cargo protocol, and then book the relevant provisions under the agreement by the respective professional foreign trade import and export of a specific contract signed, respectively, for delivery. Merchandise exports, by the virtue of both banking and shipping documents for settlement in the other countries in the Bank account opened accounts, and then by the bank according to the agreed settlement period. It should be noted that the end of a certain period, the two accounts if there is balance, as long as does not exceed the rate agreed, known as the "swing amount", in principle, a surplus of the other party shall not be required to pay in their own currency, but only to the goods to offset that by adjusting the speed of delivery, or delivery of goods by the trade deficit be balanced by side.
Barter is defined as a replacement, based on the equivalent value of exports of goods and import goods directly to combine methods of trading.
The traditional barter trade, each buyer and seller is generally the equivalent exchange of goods, does not involve payment of money, and no third party intervention, barter, including the exchange of the two sides to sign a contract to cover the goods into the matter to be determined. In international trade, the use of more outside the letter of credit by way of barter, that is, the two sides first set barter trade contracts, the provisions of the agreed price of their exports according to the letter of credit payments. The letter of credit opened with the first received approval to open out the other side or the base equivalent of the letter of credit equivalent to the entry into force. In addition, the inter-State settlement agreement entered into barter actually expanded the way of easy credit. According to the agreement, any party imports or exports, from both sides has the value of the designated bank account, in the period of time with each other to offset the settlement, the difference between gross and some of its provisions carried over the next year, and some provisions to pay cash more than the agreed amount of swing part of the difference.
Barter trade - the characteristics of barter trade Barter more flexible in practice, for example: at the time of delivery, you can import and export transactions at the same time, they can have a prior post; in payment methods, the available cash to pay, you can also account for billing, from the account offset each other; in transaction object, import the object can be a person, while the export of the object is designated by the importer to another person.
Barter trade - the two forms of barter trade
1. Direct barter Direct barter is also known as a general barter. From a strictly legal sense, means to barter barter. This direct barter form, often require the same time, import and export transactions, a deal is generally a sign of mutual satisfaction to both parties and the delivery of goods contracts, but does not involve a third party. It is the most common is currently the most widely used form of barter. For the delivery of goods through the transport of parties to transactions, because such barter form of general requirements for import and export at the same time, so there are difficulties in the application. So in actual operations, it generated a number of alternative approaches, the most common way of letter of credit shall be carried out through barter trade off. In the use of barter off letters of credit, the transaction before the two sides signed a barter contract, the two sides agreed to mutual commitment to each other in a certain time to buy a certain number of goods, their exports of goods by the agreed currencies, the total amount of the same or basically the same, paid off by the opening of letter of credit settlement mode, that is, both to each other as the beneficiary, the amount of opening letters of credit equal or nearly equal. As the delivery of the time difference, the two sides time to open letters of credit also has first, after the first imports of the issuing of the side in order to enable the other party is also issuing the obligation to fulfill the general requirements in the letter of credit in accordance with the regulations of the card to the other side to open a letter of credit for the entry into force; or the provisions of the amount of the card can only be used as the other side opened back card use, as the other.
2. Integrated Barter Comprehensive barter used for billing or payment between the two countries under the (settlement) agreement transactions. By the two governments signed a payment under the agreement, both sides each other's bank accounts, the two sides presented their respective governments in a certain period (usually one year) available to the other types of goods, import and export amount of basically the same, by mutual consent signed Yi cargo protocol, and then book the relevant provisions under the agreement by the respective professional foreign trade import and export of a specific contract signed, respectively, for delivery. Merchandise exports, by the virtue of both banking and shipping documents for settlement in the other countries in the Bank account opened accounts, and then by the bank according to the agreed settlement period. It should be noted that the end of a certain period, the two accounts if there is balance, as long as does not exceed the rate agreed, known as the "swing amount", in principle, a surplus of the other party shall not be required to pay in their own currency, but only to the goods to offset that by adjusting the speed of delivery, or delivery of goods by the trade deficit be balanced by side.
Bill of lading
Bill of lading -What is a bill of lading
Bill of lading the goods of the property certificate,it is the dominant ownership of the goods documents, so there is the transfer of bills of lading, credit, mortgage, or according to the claim and delivery purposes.
Bill of Lading - Introduction
Introduction bill of lading bill of lading in English formerly known as Bill 0fLr ~ ding, later changed to only 11 0fLading (16 century, the Oxford dictionary, the first time in Cambodia and Bill of Lading the word). It is used to prove that the contract of carriage of goods by sea, and the goods have been received by the carrier or the ship, animal husbandry, as well as the carrier to deliver the goods by virtue of the document. Set forth in the bill of lading to deliver the goods to the division A, or by j!) L his instructions direct the delivery of rent-objects, or to hold the bill of lading terms of delivery of the goods actually constitute the carrier to deliver the goods, according to the guarantee.
The term is only applicable to bills of lading in maritime transport and maritime transport a combination of multi-modal transport document does not apply to land, air and other transport documents. Bill of lading as a carrier and the shipper to transport between the two sides of rights and obligations. Although generally it is not signed by both parties to a contract, but constituted the major items, such as lease vessel name, sailing date, route, through Hong Kong as well as other projects related to freight transport, are well known; and freight and transportation conditions, the carrier is also a pre-requirement. Therefore, the shipper or his agent to the carrier when booking was that the contract shall set up, so although the content of articles drawn up unilaterally by the carrier, the shipper should think that both sides have recognized that a contract of carriage. Therefore, it is customary to transport in the future will become the basis for a variety of issues.
Bill of Lading - the type of bill of lading bill of lading types of many different types can be classified according to different forms, mainly in the following categories:
1. According to whether the goods have been shipped Categories On board bill of lading (ON BOARD B / L or SHIPPED B / L). The bill of lading that the goods listed in the bill of lading has been loaded on the ship, in the bill of lading stated name of the vessel and loading transmission date. In foreign trade, commercial units and banks require the provision of such bill of lading, which is after the goods had been shipped from the carrier, master or his agent would be issued. Received for shipment bill of lading (RECEIVED FOR SHIPPED B / L). Routes run on a regular basis at a fixed liner, in order to guarantee not to delay sailing in the ship to Hong Kong ahead of the organization before the cargo acceptance of the cargo. Namely, first a temporary dock and warehouse the goods, etc. After the arrival of ships can be loaded quickly. This should be the shipper of the goods after storage requires the issuance of bill of lading, that is received for shipment bill of lading. "This bill of lading that the goods have been focused on only a wharf to be loaded. When the loading of the goods, it needs to be returned, and the other in exchange has been shipment bill of lading or by the carrier or his agent received the bill of lading to be transported to fill out the actual shipment date and the name of the vessel, making it shipped bill of lading. container transport is sometimes received for shipment bill of lading bill of lading bill of lading and shipped the sam.
2. According to the consignee, the rise of sub - Direct bill of lading (ORDER B / L). This bill of lading the consignee name column, "shipper (ORDER OF SHIPPER)" or "XX bank instructions (ORDER OF BANK OF XX)", "consignee instructions (ORDER OF CONSIGNEE)", "instructions ( ORDER) "and other words, it means that the shipper, XX bank or consignee's instructions to deliver the goods. If not specify who directs the shipper's instructions as a basis for delivery. This endorsement of the bill of lading from the shipper (referring to the rise of the shipper, "or instruction"), or an endorsement by the consignee (referring to the rise of the "consignee instructions" time) can be delivery. The bill of lading is also a transferable securities (NEGOTIABLE DOCUMENT), that such holder of the bill of lading can be endorsed by way of the bill of lading transferred to others, thus facilitating the circulation and also help in the circulation problems that occur during the search according to the order of endorsement reasons. Straight Bill of Lading (STRAIGHT B / L), also known as the rise of the bill of lading the consignee. That in the bill of lading, the consignee the name column, clear the name of the consignee, rather than writing "or instruction" indication. This bill of lading is only developed by the consignee for delivery. Under normal circumstances, when the consignee has not received the bill of lading, we also can determine their shipping companies to provide notice or to guarantee delivery. Such a bill of lading does not have the liquidity, that is non-transferable. When a debt relationship must be transferred, the need to go through the procedure set out in order to handle hair. Such a bill of lading only in the delivery of a number of valuable goods or goods of China's foreign aid and other transportation used in general trade goods rarely use such a bill of lading. Bearer bill of lading (BLANK B / L OR OPEN B / L OR BEARER B / L). The shipper in the bill of lading did not specify any of the consignee. This transfer does not require any endorsement of the bill of lading procedures, delivery of the bill of lading alone, it is extremely simple, but once the bill of lading is lost, it is easy to disputes.
3. According to the apparent condition of the goods or not classified Comments Clean bill of lading (CLEAN B / L), This is the apparent condition of the goods, when delivered well, the carrier issuing the bill of lading when the goods have not added any impact on the appearance of state, the number, quality, and so impede the settlement of the endorsement of the bill of lading. Bank settlement, they all pay clean bill of lading provisions. Unclean Bill of Lading (FOUL B / L or UNCLEAN B / L). This is due to the carrier to ship the goods to the surface state is responsible, where the shipper to ship the goods, the event package is not strong, breakage, leakage, signs such phenomena unclear when the ship in a single receipt endorsement on "XX packed in broken", "XX barrel leakage" and other relevant circumstances, unless the cargo immediate repair or replacement, or will be receiving a single ship can still turn on the comments recorded in the bill of lading, this dirty bill of lading bill of lading will be called. This bill of lading, banks do not accept the settlement. Therefore, some shippers to obtain the clean bill of lading in order to settlement, often a bond to the ship, to ensure that these claims for damaged goods such as occurs by the guarantor is responsible for, so that ship to issue clean bills of lading. This is to cover up the truth of the goods shipped, so ship must be handled carefully. The United Nations Convention on the Carriage of Goods by Sea, within the provisions of this was to allow for such practices, but the effectiveness of a certain limit.
4. According to the cargo transportation process classification Direct bill of lading. Both the ship from the port of loading, after loading, half-way without a boat and sailed for the port of discharge, in which case the bill of lading issued by said direct bill of lading. Combined transport bill of lading. When transported by ocean-going ships on the entire transportation of goods can not complete the task, need to use other means of transport pick up, that is generated through transport (including land and sea transport, intermodal Jianghai or sea-air transport, etc.), then the carrier must Fat transport bill of lading, this bill of lading, regardless of mode of transport which are generally combined transport bill of lading issued by shipping companies. Transshipment bill of lading. When a cargo ship loaded in the port of loading does not proceed directly to the port of destination of the goods, while others require one or more intermediate port facelift transported to another vessel, the necessary trans-shipment bill of lading issued.
Bill of lading the goods of the property certificate,it is the dominant ownership of the goods documents, so there is the transfer of bills of lading, credit, mortgage, or according to the claim and delivery purposes.
Bill of Lading - Introduction
Introduction bill of lading bill of lading in English formerly known as Bill 0fLr ~ ding, later changed to only 11 0fLading (16 century, the Oxford dictionary, the first time in Cambodia and Bill of Lading the word). It is used to prove that the contract of carriage of goods by sea, and the goods have been received by the carrier or the ship, animal husbandry, as well as the carrier to deliver the goods by virtue of the document. Set forth in the bill of lading to deliver the goods to the division A, or by j!) L his instructions direct the delivery of rent-objects, or to hold the bill of lading terms of delivery of the goods actually constitute the carrier to deliver the goods, according to the guarantee.
The term is only applicable to bills of lading in maritime transport and maritime transport a combination of multi-modal transport document does not apply to land, air and other transport documents. Bill of lading as a carrier and the shipper to transport between the two sides of rights and obligations. Although generally it is not signed by both parties to a contract, but constituted the major items, such as lease vessel name, sailing date, route, through Hong Kong as well as other projects related to freight transport, are well known; and freight and transportation conditions, the carrier is also a pre-requirement. Therefore, the shipper or his agent to the carrier when booking was that the contract shall set up, so although the content of articles drawn up unilaterally by the carrier, the shipper should think that both sides have recognized that a contract of carriage. Therefore, it is customary to transport in the future will become the basis for a variety of issues.
Bill of Lading - the type of bill of lading bill of lading types of many different types can be classified according to different forms, mainly in the following categories:
1. According to whether the goods have been shipped Categories On board bill of lading (ON BOARD B / L or SHIPPED B / L). The bill of lading that the goods listed in the bill of lading has been loaded on the ship, in the bill of lading stated name of the vessel and loading transmission date. In foreign trade, commercial units and banks require the provision of such bill of lading, which is after the goods had been shipped from the carrier, master or his agent would be issued. Received for shipment bill of lading (RECEIVED FOR SHIPPED B / L). Routes run on a regular basis at a fixed liner, in order to guarantee not to delay sailing in the ship to Hong Kong ahead of the organization before the cargo acceptance of the cargo. Namely, first a temporary dock and warehouse the goods, etc. After the arrival of ships can be loaded quickly. This should be the shipper of the goods after storage requires the issuance of bill of lading, that is received for shipment bill of lading. "This bill of lading that the goods have been focused on only a wharf to be loaded. When the loading of the goods, it needs to be returned, and the other in exchange has been shipment bill of lading or by the carrier or his agent received the bill of lading to be transported to fill out the actual shipment date and the name of the vessel, making it shipped bill of lading. container transport is sometimes received for shipment bill of lading bill of lading bill of lading and shipped the sam.
2. According to the consignee, the rise of sub - Direct bill of lading (ORDER B / L). This bill of lading the consignee name column, "shipper (ORDER OF SHIPPER)" or "XX bank instructions (ORDER OF BANK OF XX)", "consignee instructions (ORDER OF CONSIGNEE)", "instructions ( ORDER) "and other words, it means that the shipper, XX bank or consignee's instructions to deliver the goods. If not specify who directs the shipper's instructions as a basis for delivery. This endorsement of the bill of lading from the shipper (referring to the rise of the shipper, "or instruction"), or an endorsement by the consignee (referring to the rise of the "consignee instructions" time) can be delivery. The bill of lading is also a transferable securities (NEGOTIABLE DOCUMENT), that such holder of the bill of lading can be endorsed by way of the bill of lading transferred to others, thus facilitating the circulation and also help in the circulation problems that occur during the search according to the order of endorsement reasons. Straight Bill of Lading (STRAIGHT B / L), also known as the rise of the bill of lading the consignee. That in the bill of lading, the consignee the name column, clear the name of the consignee, rather than writing "or instruction" indication. This bill of lading is only developed by the consignee for delivery. Under normal circumstances, when the consignee has not received the bill of lading, we also can determine their shipping companies to provide notice or to guarantee delivery. Such a bill of lading does not have the liquidity, that is non-transferable. When a debt relationship must be transferred, the need to go through the procedure set out in order to handle hair. Such a bill of lading only in the delivery of a number of valuable goods or goods of China's foreign aid and other transportation used in general trade goods rarely use such a bill of lading. Bearer bill of lading (BLANK B / L OR OPEN B / L OR BEARER B / L). The shipper in the bill of lading did not specify any of the consignee. This transfer does not require any endorsement of the bill of lading procedures, delivery of the bill of lading alone, it is extremely simple, but once the bill of lading is lost, it is easy to disputes.
3. According to the apparent condition of the goods or not classified Comments Clean bill of lading (CLEAN B / L), This is the apparent condition of the goods, when delivered well, the carrier issuing the bill of lading when the goods have not added any impact on the appearance of state, the number, quality, and so impede the settlement of the endorsement of the bill of lading. Bank settlement, they all pay clean bill of lading provisions. Unclean Bill of Lading (FOUL B / L or UNCLEAN B / L). This is due to the carrier to ship the goods to the surface state is responsible, where the shipper to ship the goods, the event package is not strong, breakage, leakage, signs such phenomena unclear when the ship in a single receipt endorsement on "XX packed in broken", "XX barrel leakage" and other relevant circumstances, unless the cargo immediate repair or replacement, or will be receiving a single ship can still turn on the comments recorded in the bill of lading, this dirty bill of lading bill of lading will be called. This bill of lading, banks do not accept the settlement. Therefore, some shippers to obtain the clean bill of lading in order to settlement, often a bond to the ship, to ensure that these claims for damaged goods such as occurs by the guarantor is responsible for, so that ship to issue clean bills of lading. This is to cover up the truth of the goods shipped, so ship must be handled carefully. The United Nations Convention on the Carriage of Goods by Sea, within the provisions of this was to allow for such practices, but the effectiveness of a certain limit.
4. According to the cargo transportation process classification Direct bill of lading. Both the ship from the port of loading, after loading, half-way without a boat and sailed for the port of discharge, in which case the bill of lading issued by said direct bill of lading. Combined transport bill of lading. When transported by ocean-going ships on the entire transportation of goods can not complete the task, need to use other means of transport pick up, that is generated through transport (including land and sea transport, intermodal Jianghai or sea-air transport, etc.), then the carrier must Fat transport bill of lading, this bill of lading, regardless of mode of transport which are generally combined transport bill of lading issued by shipping companies. Transshipment bill of lading. When a cargo ship loaded in the port of loading does not proceed directly to the port of destination of the goods, while others require one or more intermediate port facelift transported to another vessel, the necessary trans-shipment bill of lading issued.
Social Dumping
Social Dumping-what is Social Dumping?
Social dumping refers to a high-wage industrialized countries, relatively inexpensive imports of foreign products, the reason why these products are cheaper is because the exporting countries do not provide decent wages, benefits and other aspects of the protection of workers. Through the use of low-cost and lack of protection labor, exporting countries can be far below normal market prices in the industrialized countries sell their products, which will be its social problems "dumping" to the importing country, in the form is to enable the latter to lose their jobs, reduce wages and force the importing country interest to make it more competitive price structure.
Social dumping - profile "anti-dumping hot spot analysis" dumping refers to a country or region exports to operators to lower the domestic market the average price of a normal or even below cost price to another country's market to sell their products, acts aimed at defeating competition opponent, to capture the market and, therefore, to the importing country the same or similar products, manufacturers and industry suffered losses. Anti-dumping, by definition refers to a country (importing country) against the dumping of other countries for their own counter-measures taken by the act. Stronger trend of globalization of trade, countries tend to protect their own industries also will be stronger, anti-dumping has become adopted by the majority of the country's main trading protection system. With the world economy and trade relations between the continuous development of international market competition intensified in almost all countries the declining tariff levels and economic development imbalances, international dumping and anti-dumping even more intense struggle. Its original meaning refers to the use of inmate labor and production labor or other forced labor products in order to be able to very low prices in foreign sales.
Social dumping - the root causes of the market economy produces social dumping issue is the uneven development of modern economic globalization, the inevitable outcome. Nature of economic globalization, the globalization of the market economy, economic globalization is actually the process of market-oriented global economy.
Market economy is built on capital, profit-driven micro-basis, the market is "no boundaries selfish", competition is the iron law of market economy, market economy and therefore has inherent duality: it can ensure the efficiency of optimization, but does not guarantee a fair optimized. Within countries, by the national policy to control the operation of a market economy; and globalized market economy, the corresponding rules of competition in today's system of governance such as the case of absence, in the capital, driven by profit-driven, should be governed by the expansion of capital for the purpose and means of repression and the denial of labor as direct requests. It can be said that the contemporary market economy based on capital as the center of globalization, are inherently unequal, and inevitably there is this accompanied by the phenomenon of uneven development.
Uneven development of economic globalization, not only reflected in the widening gap between countries north and south to form a global "center - periphery" posture; and within countries are also increasingly exposed. The wealthy beneficiaries of globalization, serious polarization of wealth distribution. The status of the rise in capital cases, the status of the world's workers are continually dropping. Trade unions in the confrontation with the capital increase in the weak position, in addition to individual countries, almost all countries in the trade union movement in quite a predicament. Labor escalation of conflicts and the decline in the status of labor, making the ILO social clause to become linked with international trade advocate. Echoing with the ILO's activities, the developed countries the government also believes that the advantages of developing countries, inequality in labor-intensive products, but also directly led to the hollowing out of its domestic industry, social welfare loss. So, while governments in developed countries and the ILO, the starting point and different purposes, but will be linked to labor standards and trade requirements are identical, the two formed a mutual invoked and support situation. Protection of labor rights of the most effective way is through the global trading system to reward or punish a product.
Social dumping refers to a high-wage industrialized countries, relatively inexpensive imports of foreign products, the reason why these products are cheaper is because the exporting countries do not provide decent wages, benefits and other aspects of the protection of workers. Through the use of low-cost and lack of protection labor, exporting countries can be far below normal market prices in the industrialized countries sell their products, which will be its social problems "dumping" to the importing country, in the form is to enable the latter to lose their jobs, reduce wages and force the importing country interest to make it more competitive price structure.
Social dumping - profile "anti-dumping hot spot analysis" dumping refers to a country or region exports to operators to lower the domestic market the average price of a normal or even below cost price to another country's market to sell their products, acts aimed at defeating competition opponent, to capture the market and, therefore, to the importing country the same or similar products, manufacturers and industry suffered losses. Anti-dumping, by definition refers to a country (importing country) against the dumping of other countries for their own counter-measures taken by the act. Stronger trend of globalization of trade, countries tend to protect their own industries also will be stronger, anti-dumping has become adopted by the majority of the country's main trading protection system. With the world economy and trade relations between the continuous development of international market competition intensified in almost all countries the declining tariff levels and economic development imbalances, international dumping and anti-dumping even more intense struggle. Its original meaning refers to the use of inmate labor and production labor or other forced labor products in order to be able to very low prices in foreign sales.
Social dumping - the root causes of the market economy produces social dumping issue is the uneven development of modern economic globalization, the inevitable outcome. Nature of economic globalization, the globalization of the market economy, economic globalization is actually the process of market-oriented global economy.
Market economy is built on capital, profit-driven micro-basis, the market is "no boundaries selfish", competition is the iron law of market economy, market economy and therefore has inherent duality: it can ensure the efficiency of optimization, but does not guarantee a fair optimized. Within countries, by the national policy to control the operation of a market economy; and globalized market economy, the corresponding rules of competition in today's system of governance such as the case of absence, in the capital, driven by profit-driven, should be governed by the expansion of capital for the purpose and means of repression and the denial of labor as direct requests. It can be said that the contemporary market economy based on capital as the center of globalization, are inherently unequal, and inevitably there is this accompanied by the phenomenon of uneven development.
Uneven development of economic globalization, not only reflected in the widening gap between countries north and south to form a global "center - periphery" posture; and within countries are also increasingly exposed. The wealthy beneficiaries of globalization, serious polarization of wealth distribution. The status of the rise in capital cases, the status of the world's workers are continually dropping. Trade unions in the confrontation with the capital increase in the weak position, in addition to individual countries, almost all countries in the trade union movement in quite a predicament. Labor escalation of conflicts and the decline in the status of labor, making the ILO social clause to become linked with international trade advocate. Echoing with the ILO's activities, the developed countries the government also believes that the advantages of developing countries, inequality in labor-intensive products, but also directly led to the hollowing out of its domestic industry, social welfare loss. So, while governments in developed countries and the ILO, the starting point and different purposes, but will be linked to labor standards and trade requirements are identical, the two formed a mutual invoked and support situation. Protection of labor rights of the most effective way is through the global trading system to reward or punish a product.
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