At destination ports in some countries, you can pick up the lockers without a bill of lading!
What is “shipping without a bill of lading” “?
Under normal circumstances, the consignee needs the original bill of lading or telex release or seaway to pick up the goods, but it often happens that the goods have been picked up even though the original bill of lading is in hand. . We call this situation “releasing goods without a single order”.
Delivery of goods without a bill of lading, also called delivery of goods without an original bill of lading, refers to the carrier or its agent (freight forwarding) or port authority or warehouse The administrator releases the goods based on the consignee or notifier recorded on the bill of lading with a copy of the bill of lading or a copy of the bill of lading plus a letter of guarantee without taking back the original bill of lading.
The normal operation of this transaction method is: the customer pays a 30% deposit first, we make the goods, arrange the shipment of the goods after the goods are ready, and then get the original bill of lading. Then give a copy of the bill of lading to the customer, wait for the customer to confirm that the bill of lading information is OK, and the customer pays the balance. After receiving the money, we will send him the original bill of lading, or ask the shipping company to wire it, and then give the customer a phone number. Available for pickup.
This is a relatively conventional “delivery of goods without a bill of lading”. In fact, we often encounter many unconventional “delivery of goods without a bill of lading” operations, such as no need for any documents. , you don’t even need a copy of the bill of lading to pick up the goods!
Foreign traders are very anxious when goods are released without a bill of lading, because most orders shipped by sea are of large amounts. In this case, not only the goods are picked up by the consignee , and the balance payment for the goods cannot be recovered.
High-risk countries/regions for “shipping goods without a bill of lading”
Some Central and South American and African countries implement a unilateral release policy for imported goods, and they can release goods without a bill of lading. The country’s customs decides whether to release the goods to the consignee, and the shipping company has no legal right to control the goods.
Specifically, currently, Central and South American countries such as Brazil, Nicaragua, Guatemala, Honturas, El Salvador, Costa Rica, Dominica, and Venezuela, as well as African countries such as Angola and Congo, are Can deliver goods without order.
The shipping company CMA CGM has issued an emergency notice: After the cargo in Venezuela (including La Guaira, Cabello and other ports) arrives at the port, it will start from the date of unloading at the unloading port. , the carrier loses control of the goods, and the goods will be forcibly handed over to the local customs or port authority for release to the consignee recorded in the bill of lading. The consignee can pick up the goods without providing the original bill of lading. my country’s Ministry of Commerce has also issued an urgent reminder about Angola’s delivery of goods without a bill of lading.
In addition, the United States, Canada, the United Kingdom and other countries allow delivery of goods with a copy of the named bill of lading. Usually, the carrier (freight forwarder or shipping company) has reason to deliver the goods to the consignee (importer) specified by the shipper (exporter) on the registered bill of lading. When delivering the goods, the carrier does not have the obligation to require the pick-up party to produce the original copy. Obligations to bear a named bill of lading.
That is to say, the consignee of the “Straight B/L” can not present the “original bill of lading” but only the “Notice of arrival” You can pick up the goods by providing the endorsement and proof of identity of the consignee. This means that if the exporter fails to collect the payment in time, even if he has the original bill of lading, it will not help.
Special attention should also be paid when exporting to Turkey, India and Algeria: before the goods arrive at the port, after the importer at the destination port declares the manifest, the rights to the goods will automatically be transferred to the consignee. That is, the exporter loses control of the goods.
The above countries are prone to delivery of goods without a bill of lading, so when we cooperate with customers from the above countries, we must collect the full payment before shipment.
As early as 2000, the Ministry of Foreign Trade and Economic Cooperation issued the “Notice on Avoiding the Risk of Shipping Goods Without a Document” stating that according to reports from many foreign trade companies, in recent years, in international trade , there is an increasing number of importers using FOB terms and appointing overseas freight forwarders to arrange transportation. Some designated freight forwarders have bad intentions and collude with importers to release goods without a bill of lading, leaving my country’s export companies with both goods and money out of pocket. It has also been discovered that importers deliberately set up freight forwarders to come to China to defraud goods.
How to prevent delivery of goods without a bill of lading?
The above notice also gave enterprises several tips, which are still applicable today:
First of all, when foreign trade enterprises sign export contracts , you should try your best to sign CIF or C&M clauses, reject FOB clauses, and avoid foreign businessmen from appointing overseas freight forwarders to arrange transportation.
Secondly, if a foreign businessman insists on FOB terms and appoints a shipping company and freight forwarder to arrange transportation, the designated shipping company can be accepted, but it cannot be accepted to operate international freight in China without the approval of the Ministry of Foreign Trade and Economic Cooperation. The freight forwarding company or overseas freight forwarding representative office of the agency business arranges the transportation and explains to the foreign businessmen that any act of operating freight forwarding business in China and issuing bills of lading without approval is illegal.
At the same time, if foreign businessmen still insist on appointing overseas freight forwarders, in order not to affect exports, they must strictly follow the procedures, that is, the appointment of designated overseas freight forwarders.��A freight forwarding company approved by our ministry must be entrusted to issue and control the goods. At the same time, the freight forwarding company that issues the bill of lading must issue a letter of guarantee, promising that after the goods arrive at the port of destination, the goods must be released against the original bill of lading circulated by the bank under the letter of credit. , otherwise you will be liable for compensation for delivering goods without a bill of lading.
What kind of argument can be used to refuse a customer to the designated freight forwarder?
The first statement: Explain to customers that our freight forwarder has 20 to 30 years of experience and can help us avoid risks and control costs, which is good for you and me. The second statement: The company has an agreement with our freight forwarding company. All the goods of our company must be responsible for the freight forwarding company, so we cannot breach the contract. Please understand.
These two statements are nothing more than communication skills that deny customers the use of designated freight forwarders. In short, try to avoid using customer-designated freight forwarders.
What should I do if “delivery of goods without a bill of lading” occurs?
“Delivering goods without a bill of lading” is not completely certain to cause losses. There are many customers who have negotiated with the designated freight forwarder to ship the goods without a bill of lading because of poor cash flow, and sell first. Pay again. In other words, some customers will still make payment even though they have no order to deliver the goods, but it will be delayed.
In this case, we must actively keep in touch with the customer, and at the same time hold the freight forwarder responsible for releasing goods without a bill of lading without the permission of the shipper, resulting in The freight forwarder should be responsible for any losses.
If the freight forwarder maliciously colludes with foreign buyers or the freight forwarder defrauds goods, legal procedures should be followed.
First of all, contact and urge as soon as possible and try to keep written evidence. The written evidence here also includes relevant electronic evidence, such as emails with the suffix of the other party’s company name. Contact records with individuals need to be analyzed on a case-by-case basis to determine whether they are electronic evidence.
At the same time, contact a lawyer as soon as possible, send a lawyer’s letter, a collection letter, and activate the blacklist system as soon as possible to put pressure on the other party.
In addition, start collecting evidence as soon as possible and prepare for litigation. It is particularly worth noting that the statute of limitations for maritime litigation is only one year (Article 257 of the Maritime Law), and the interrupted statute of limitations is also different from the general statute of limitations. Don’t let the other party or you delay the process and end up missing the statute of limitations.
It should be reminded that it is recommended that the dispute resolution method be arbitration, because if foreign parties are involved, the effective award of the Chinese court cannot be enforced, but arbitration can, which will Turn judicial relief into substantive relief. China is a party to the New York Convention.
After getting the effective judgment, you can entrust a local lawyer or debt collection company to recover the losses. </p
