On the morning of February 2, representatives from Huida Machinery Manufacturing (Huzhou) Co., Ltd. received the country’s first factual certificate of force majeure for the pneumonia epidemic caused by the new coronavirus from the person in charge of the Huzhou Council for the Promotion of International Trade, and they felt at ease. .
“Huida” is the supplier of steering gear housings for the African factory of French Peugeot Company. It was originally required to deliver 10,000 sets of products per week in the near future. Due to the impact of the epidemic, the resumption of work after the holidays has been postponed, and products cannot be delivered to overseas customers on time. “If it fails to provide legal proof of the reasons for the inability to perform the contract in time, the company will not only have to bear contract losses worth 2.4 million yuan, but also be compensated for losses of approximately 30 million yuan caused by causing the customer’s production line to stop production for 2 weeks.” The relevant person in charge of the company People say that in addition, the impact on corporate goodwill is immeasurable. For this reason, the company sent an urgent request to the Huzhou Council for the Promotion of International Trade, hoping to provide proof of the reasons for its inability to perform the contract and reduce losses.
As early as January 28, the Huzhou Council for the Promotion of International Trade issued a notice informing foreign trade companies that the pneumonia epidemic caused by the new coronavirus is a force majeure fact. After receiving the application from Huida Machinery, the Huzhou City Council for the Promotion of International Trade immediately conducted a preliminary review of the documents. With the help of the China Council for the Promotion of International Trade, the Provincial Council for the Promotion of International Trade and other higher-level departments, it successfully issued the country’s first factual certificate of force majeure for the pneumonia epidemic caused by the new coronavirus infection, providing timely assistance. Enterprises minimize losses.
It is reported that the factual certificate of force majeure means that the China Council for the Promotion of International Trade and its authorized branches and sub-committees shall certify the facts related to force majeure at the request of the applicant. After the issuance, the parties concerned can be partially or completely exempted. Liability for non-performance, incomplete performance and delay in performance of the contract. This certificate has been recognized by governments, customs, chambers of commerce and enterprises in most countries and regions around the world.
“This morning, three or four foreign-related companies’ relevant persons in charge came to consult on relevant matters after learning about it. We will also try our best to protect the companies and minimize the losses caused by the epidemic.” Legal Affairs of Huzhou Council for the Promotion of International Trade Minister Ding Guming said. (Source: Zhejiang Today)
The stop-loss savior is here!
If a foreign trade contract cannot be performed due to the epidemic, you can apply for a “Certificate of Force Majeure”!
If a foreign trade contract cannot be performed due to the impact of the epidemic, how should foreign trade companies respond?
Don’t worry, this “proof” from China Council for the Promotion of International Trade can help you!
Relevant units:
Currently, a pneumonia epidemic caused by a new coronavirus infection is occurring in my country. . Some Chinese companies have been severely affected in terms of goods and logistics, which may lead to the inability to perform international trade contracts or contract contracts.
In order to resolutely implement the decisions and arrangements of the Party Central Committee and the State Council, actively carry out joint prevention and control of new coronavirus infection pneumonia, safeguard the legitimate rights and interests of enterprises, and help enterprises reduce losses, according to the State Council According to the provisions of the approved China Council for the Promotion of International Trade Charter, the China Council for the Promotion of International Trade can issue a force majeure certificate. If the pneumonia epidemic caused by the new coronavirus infection makes it impossible to perform as scheduled or to perform an international trade contract, the enterprise may apply to the China Chamber of Commerce for a factual certificate related to force majeure.
In order to minimize the flow of personnel in the certification hall, reduce the risk of cross-infection, and protect the life safety and health of enterprises, the China Council for the Promotion of International Trade Commercial Certification Center developed the online certification platform rzccpit /, realize “working without meeting” to help enterprises handle the factual proof of force majeure in the pneumonia epidemic caused by the new coronavirus infection online. Enterprises can also contact the local Council for the Promotion of International Trade through QQ group, telephone, etc. to apply for certificates.
Supporting materials that the company needs to submit:
1. Certification/announcement issued by the government or institution where the company is located
2. Notifications/certificates of sea, land and air delays, flight delays, cancellations, etc.
3. Export goods sales contract, cargo booking agreement, freight Agency agreement, customs declaration form, etc.
4. Other materials that can be provided
Inquiry and contact number of China Council for the Promotion of International Trade Commercial Certification Center: 010-82217027/7035/7010
For the contact information of provincial (municipality) and municipal councils for the promotion of international trade, please see: https://rzccpit/company/organization.html
The China Council for the Promotion of International Trade Commercial Certification Platform’s Operation Procedure for Applying for Factual Certificate of Force Majeure in the COVID-19 Epidemic
1. Instructions
The enterprise side of China Council for the Promotion of International Trade is referred to as “this website” in this article.
Website: rzccpit recommends using Google Chrome or 360 Speed Browser.
2. Registration
Users need to register an account on this website before using commercial and consular authentication services, mainly focusing on improving delivery Institutional information and personally identifiable information. If the completed information during registration is incorrect, you can go to the “Personal Center” – “Account Management” – “Account Information” page to edit and modify it.
3. Preparation
After logging in, enter the “Personal Center” page and find “Basic Data” in the left menu ——”Commonly used enterprises��There will be further notice after the unified release by China Council for the Promotion of International Trade, so please stay tuned.
Contact: Gao Yunfeng and Chen Cheng of the Provincial International Chamber of Commerce
Telephone: 0571-85811968, 87797640
Mobile phone: 18958181559
Zhejiang Council for the Promotion of International Trade
January 28, 2020
About accepting “new coronavirus-infected pneumonia” Notice of factual proof related to the “epidemic”
Relevant units:
Affected by the “new coronavirus-infected pneumonia epidemic”, Some enterprises in our city have been severely affected in terms of goods production and logistics, which may lead to varying degrees of inability to perform international trade contracts. According to Article 8, Paragraph 6 of the Charter of the China Council for the Promotion of International Trade approved by the State Council, one of the responsibilities of the China Council for the Promotion of International Trade is to “issue a force majeure certificate.”
In order to safeguard the legitimate rights and interests of enterprises in our city and help them reduce losses, the China Council for the Promotion of International Trade will issue factual certificates related to force majeure within a certain range in accordance with the authorization of the China Council for the Promotion of International Trade. If an international trade contract cannot be performed as scheduled or cannot be performed due to the impact of the “new coronavirus-infected pneumonia epidemic”, the enterprise can apply to the China Chamber of Commerce for relevant factual certificates.
The information required for the application will be notified later after the China Council for the Promotion of International Trade releases it, so please stay tuned.
Accepting department: Legal Affairs Department
Contact person: Lu Xiaohui and Peng Kaiqi
Contact number: 020-87305356/87318285 QQ group: 82880766
Certification address: Room 2315, South Tower, World Trade Center Building, Huanshi East Road, Guangzhou
Guangzhou Council for the Promotion of International Trade
January 29, 2020
Little knowledge
What is a factual proof of force majeure?
Factual proof of force majeure refers to the behavior of China Council for the Promotion of International Trade and its authorized branches and sub-committees to certify facts related to force majeure upon the applicant’s application, which belongs to the field of commercial certification. act of factual proof.
Force majeure facts prove the authenticity of facts related to force majeure, such as natural disasters, sudden abnormal events and other objectively existing facts. However, whether the occurrence of the facts constitutes a force majeure event will not be further discussed. determination.
The pneumonia epidemic caused by the new coronavirus has become a force majeure fact.
After the issuance of this certificate, the parties may be partially or completely exempted from liability for non-performance, incomplete performance and delayed performance of the contract.
For example, in 2019, due to the impact of Typhoon No. 9 “Lekima”, many companies were seriously damaged. The factual certificate of force majeure issued by the Council for the Promotion of International Trade can be used by foreign trade companies to reduce or reduce liability for breach of contract. Reduce the losses caused by disasters as much as possible.
The factual certificates related to force majeure issued by China Council for the Promotion of International Trade have been generally recognized by governments, customs, chambers of commerce and enterprises in more than 200 countries and regions around the world, and have strong enforcement power outside the region.
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