文/张诗瑶 郑锐 周吟雪

The Methods To Avoid the L/C Fraud

文/张诗瑶 郑锐 周吟雪

L/C (Letter of Credit) is to point to by bank (issuing bank) according to (the applicant) requirements and instructions o r oneself active, in accord with the terms of the L/C conditions, against stipulated documents to a third party (the beneficiary) or its designated party for payment of the written documents. The L/C is that a bank to open and promise of payment for the beneficiary. Because of the bank payment guarantee, it becomes a common way of settlement in international trade activities. According to this way of settlement of general provisions, the buyer first deposit to the bank, the bank open the L/C, notice beyond the seller’s bank to tell the seller, the seller to ship the goods according to the terms in the contract and the letter of credit, the bank that the buyer payment. But the real business, there is also a certain business risk.

1 Using of service characteristics of L/C documents to fraud

The use of service characteristics of L/C documents for fraud, mainly taking the form of fake all sorts of false documents, deceive the bank, to obtain the real right to pick up the goods. Fake documentation refers to the documents are not issued by legal issue, but by fraud counterfeit or entrust others, or to tamper with legal issue documents issued by the people, to make it consistent with the L/C, diddle amount. Documents used in international trade is not regulated or fixed format requirements, again when an issuing bank is under no obligation to identify fake documents, so to plan to scam people, forged documents is a piece of cake, yes fraud is very easy to succeed. Of course, there are fraudsters requires exporters directly send their settlement documents, the Banks to bypass the issuing bank fraud. Although this kind of situation, also belong to document business fraud, but unlike forged documents, all documents here are real and effective, just fraudsters can directly get the bill of lading take delivery of the property rights, such as money goods two empty eventually led to the exporters.

2 False credit by self-faking or malicious callusing with the bank

Criminals or counterfeit signature (signature) fraud, counterfeit or fake postal mail credit issuing bank has the right to sign signature (signature), or in the credit, ostensibly to use a third bank inter-bank communication, but not the third bank confirmed telex confirmed that attempt to stamping, false fraud beneficiary blind shipment, finally achieve the purpose of defrauding export goods. This form of fraud is more criminals and failed or failing bank staff colluding to open an L/C. Is real, and this kind of L/C is bank credit is too low (or itself is malicious sexual trap), rely on credit L/C is not reliable, lead to the exporter after shipment found cannot successful settlement of exchange, a fraud, to regret. Recently there are using the L/ C circulation link to false business L/C fraud. The applicant through the first bank to open L/C real legitimate, but there is something in the L/C not sure the terms of the pending changes, and then bypass the issuing bank, stealing bank interbank communication or use the password provided by the credit to the advising bank or the beneficiary directly send amendment, cheat exporters shipped to fraud.

3 The methords common using to Avoid the L/C Fraud

First of all, according to the contract, strict careful card. Exporters should be based on contract carefully examine and verify the L/C, especially for important terms to the key audit, once appear in different places in the contract requires the seller to timely modify immediately, to avoid fraud until card “with” unity, and make the settlement of exchange. Requires careful card when received customer’s L/C, the L/C on the bill of lading in the unreasonable demands, demand for beneficiary or bank risk, need to notify the customer amend the L/C, otherwise extremely easy to cause payment two empty and cause complex legal disputes. In order to effectively reduce the bad behavior using the L/C fraud, when open the L/C should be strictly made every detail, make up for the L/C has many loopholes, prompting criminals cannot fake documentation, really bad behavior to reduce the use of documents for fraud.

Next to want to grasp the principle of“only consistent, documents consistent”. At the same time, the credit business is pure documents transaction, the exporter can funds safely, critical look at the documents conform to the provisions of the terms of the L/C. In the business of the L/ C, the exporter should strengthen the sense of responsibility, strict quality management to documents, on the basis of carefully examine and verify the L/C, carefully made out all documents, and do the correct, complete, timely, concise, neat “, to avoid discrepancy, the documents not situation, only the funds to ensure safety.

作者单位
嘉兴职业技术学院