文/俞春霞

Methods to Avoid Fake B/L

文/俞春霞

The faking documents are not issued by legal issue, but by fraud counterfeit or third part in order to make it consistent with the L/C settlement requirement. The commercial documents used in international trade are not fixed in format. So it is easy for fraudsters to make and use forged documents to defraud payment. The bank is under no obligation to identify fake documents. Insurance companies do not claim for the goods which do not insured aboard. When the exporter ships the fake goods and settles by faking the bill of lading under fitting the L/C, the importers sustain large loss.

Fake documentation include bill of lading, such as packing list, certificate of weight and quality certificate, certificate of origin full set of documents, which are submitted to the bank. The most typical documentation is the false bill of lading, false packing list and invoice.

1 RISKS OF fake B/L

False bill of lading is to forge out of a bill of lading, and to fabricate the corresponding commercial invoice, insurance policies and other documents. And then by the surface conditions of these documents to the bank of the credit company to obtain payment is another fake bill of lading to defraud the goods. Fraudsters at the port of destination use the counterfeit bill of lading to take away the goods because B/L is slower to reach the buyer than the ship.

when the actual shipment date is later than the date of shipment as stipulated in the L/C, Anti-dated B/L maybe be issued in order to settle the L/C, even if it is illegal.

2 aural methods to avoid the fake B/ L

2．1 Strict check and control documents in deal

International trade business are business documents. So most of the risks are in hide of documents. So the strict management of documents is very important to the international trade business in the face of the bill of lading fraud. To prevent exporters no shipment, the importer can submit some hard to forge the important documents, such as inspection certificate issued by a wellknown institutions, health certificate, etc., as well as the other documents such as bill of lading and insurance policy, commercial invoice etc.

2． 2 Carefully choose trade terms and settlement document

We need carefully choose trade terms in the first place. The buyer should strive for as far as possible to arrange transport of goods, in order to clinch a deal the price terms FOB. If you can’t do it, we should be added the protective clauses or terms of in the contract and the L/C, such that not to allow transshipment goods on the way, not allowed to use the overage vessels. We may require that the certificate of origin, quality certificate or invoice must be notarized by the local chamber of commerce or other specialized agency. We also need require reasonable type of document and specified requirements. In order to prevent the customer to take away the goods without original bill of lading, the beneficiary need a statement on the bill of lading bill of lading for maritime law of China, and to ensure the safety of the ownership of the goods.

2．3 Strict control of the intermediate business link, especially the loading part

If a deal involves too many relationship and the intermediate links, fraud easily occurs, especially. When the contract relationship is too complicated or each participant has different backgrounds, it is so. Many of the bill of lading fraud are happened in the loading process. Therefore the key link to prevent fraud is fully supervised the loading. For the vessel booked by the other part or the container sealed by them, we must supervise the loading or entrust the agent in port of loading to inspect goods before shipment.

2． 4 Using legal means to stop in time and effective recovery

If faker forges a full set of documents (including bill of lading) which completely conform to the requirements of the L/ C, negotiating bank shall fulfill their obligation to pay according to the UCP600 art.4. It means that Fake documentation will be successful for fraud. In fact, we can be entirely possible save of all or part of the loss if we can take the right remedy as early as possible. It is difficult to identify the terms of the carrier in the bill of lading. Almost if the amount had not yet passed the deceiver accounts, you may apply for bank get their help and reclaim the payment.

作者单位
嘉兴职业技术学院