Nine kinds of makes you suffer a great deal of Internet trade tricks and remedies!
- Autor:Thinkxing
- Quelle:FlintStone
- Lassen Sie auf:2015-06-17
Currently, the Internet created opportunities are endless. Internet has no borders, through the chat tool to make the world become smaller because you now perhaps, and a galaxy of friends in the business meetings. Many small and medium enterprises in the same business have tasted the sweetness of foreigners, most importantly, in the reform of foreign trade system, many companies are directly do business with foreigners.
But after you have tasted the sweetness, foreign trade risk actually more powerful than the risk of domestic trade, as foreign company's credit risk, transportation risk, policy risk, foreign exchange risk, currency risk and so is not a small company can handle. It is due to the existence of these risks, many foreign criminals will exploit loopholes, do everything possible to set traps, and reap illicit profits.
So, online foreign trade activities, world-class criminals who use what trick it? The following summary of the common trick of hope to give the majority of foreign trade enterprises play a vigilant role.
1, let the bait
Foreign scammers falsely claiming that there are big deals, the first contact communication tools step by step, get you enough confidence, and then ask you to pay some of the costs of the deal through e-mail and MSN online, such as translation costs, fees to visit China Some you can accept the costs of different names. Once our money, some of them will disappear, and some will continue to propose different names called you money until you wake up. For example, there is a Shanghai users in Alibaba forum disclosure: one claiming to be Nigerian government officials who get in touch with him, saying that the Nigerian government will publish an offer T-shirts for African refugees bidding project, the number of 950,000, totaling $ 650,000, and said in his bid to help where possible. Fortunately for him, the official presentation of the lawyer carefully. However, before starting work, the official asked him to pay $ 1,650 legal fees. In fact, this is a typical setting bait to cheat money scam, we must be vigilant.
2, karate
Crooks take advantage of loopholes in the law in some countries, cheat imported goods through formal channels, no pay partial payment or underpayment. Once the goods to the country, on the idea of misappropriation of goods. By this time, you even if the goods have not been their possession, enough to choke up. As Turkey has a customs implementing regulation: more than 45 days unclaimed goods, the customs have the right to confiscate the auction, and the original consignee of the goods have the priority right to obtain. If Chinese companies Shadeng, they bought the goods at a low price and then sell at high prices and then dividing the spoils. When the Chinese companies perceive and desire by the Chinese government's intervention will retrieve the goods, they will be carried out by the freight forwarding company extortion: Let you pay for its storage charges and other expenses, and then will continue to set a number of other obstacles and traps, a step by step You bring the ransom money cheat finished goods. Outlaw specific practices in these countries tend to be: a short company to register via the Internet by the company come out goods to customers in Turkey fool customs. However, when the payment of the purchase price, liar but for various reasons to delay, delay in payment for the goods until the drag Customs statutory deadline expired.
But after you have tasted the sweetness, foreign trade risk actually more powerful than the risk of domestic trade, as foreign company's credit risk, transportation risk, policy risk, foreign exchange risk, currency risk and so is not a small company can handle. It is due to the existence of these risks, many foreign criminals will exploit loopholes, do everything possible to set traps, and reap illicit profits.
So, online foreign trade activities, world-class criminals who use what trick it? The following summary of the common trick of hope to give the majority of foreign trade enterprises play a vigilant role.
1, let the bait
Foreign scammers falsely claiming that there are big deals, the first contact communication tools step by step, get you enough confidence, and then ask you to pay some of the costs of the deal through e-mail and MSN online, such as translation costs, fees to visit China Some you can accept the costs of different names. Once our money, some of them will disappear, and some will continue to propose different names called you money until you wake up. For example, there is a Shanghai users in Alibaba forum disclosure: one claiming to be Nigerian government officials who get in touch with him, saying that the Nigerian government will publish an offer T-shirts for African refugees bidding project, the number of 950,000, totaling $ 650,000, and said in his bid to help where possible. Fortunately for him, the official presentation of the lawyer carefully. However, before starting work, the official asked him to pay $ 1,650 legal fees. In fact, this is a typical setting bait to cheat money scam, we must be vigilant.
2, karate
Crooks take advantage of loopholes in the law in some countries, cheat imported goods through formal channels, no pay partial payment or underpayment. Once the goods to the country, on the idea of misappropriation of goods. By this time, you even if the goods have not been their possession, enough to choke up. As Turkey has a customs implementing regulation: more than 45 days unclaimed goods, the customs have the right to confiscate the auction, and the original consignee of the goods have the priority right to obtain. If Chinese companies Shadeng, they bought the goods at a low price and then sell at high prices and then dividing the spoils. When the Chinese companies perceive and desire by the Chinese government's intervention will retrieve the goods, they will be carried out by the freight forwarding company extortion: Let you pay for its storage charges and other expenses, and then will continue to set a number of other obstacles and traps, a step by step You bring the ransom money cheat finished goods. Outlaw specific practices in these countries tend to be: a short company to register via the Internet by the company come out goods to customers in Turkey fool customs. However, when the payment of the purchase price, liar but for various reasons to delay, delay in payment for the goods until the drag Customs statutory deadline expired.
3. Contracts
Contracts are the most common type of trap, trapping those who often take advantage of contract and "legal" signs to lure the other side fooled.
Contract fraud has the following characteristics
1) providing false information network: for example fake company, fake address, fake supply and demand information, in order to deceive businessmen around.
2), business cards (cheat) Subject: Contract party is not registered capital, can not provide proof of business, proof of legal status, only individual cards only (marked with the company, title, mailing address, phone, etc.), this businessman who can not qualify, often in Southeast Asia, Hong Kong, Macao, Taiwan and other places of business cards appear, and brokers commission itself.
3) change the terms: such as changes to the terms of the contract subject to a variety of reasons proposal by a third party instead of his performance; change the contract conditions of carriage, the charter change liner shipping transport; change the terms of payment, change a letter of credit for the collection or remittance ; change inspection clause, requiring instead the foreign inspection agencies and so forth.
4, do not sign a written contract
Article 11 provides that "the United Nations Convention on the International Sale of Goods," "contract of sale need not be made in writing or written proof", trapping those that ground, does not have to sign a written contract made plausible, so long as both sides can agree.
5, the use of funds
In international trade practice, many trapping is the use of certain terms are inadequate or incomplete provisions fraud manufacture, mainly in terms of quality, respect the terms of the claims, warranty, breach of contract terms.
6, letters of credit
Letter of credit is the main way of international trade settlement, some foreign customers to hoodwink foreign companies often can open letters of credit to obtain the confidence, and many are not familiar with the process of foreign trade of small companies often do not understand each other under the credit situation is The letter of credit "trust", ignoring take precautions. Trapping often provide for a clause in the letter of credit, and this clause can be achieved depends entirely on the issuer, beneficiary, regardless of what efforts were inevitably been refused, such a clause is called a "soft policy. . "
Common soft terms have the following types:
1) temporarily become effective credit, sample notice in force or to be confirmed by the issuer to take effect until after the notification letter of credit issued import licenses.
2) the shipping company, name, destination, departure port or inspection person, subject to the issuer shipment date notice or consent of the issuer, the issuing bank will modify the form of a book notice.
3) the goods to the port of destination meet its payment obligations after inspection by importers.
4) The designated beneficiary must submit a certificate of inspection issued by a foreign inspection agency or designated by the applicant on behalf of issued certificates, and so that such fraud often occurs in the CFR / CIF contract.
5) documents, at present, the document is in all aspects of import and export trade, the main basis and credentials. It is this feature makes criminals think hard, make a big fuss in the document, half-truths, real ones.
Foreign economic and trade practice, trapping people in general are more counterfeit invoice following: First, the export declaration, the second is a single exchange water, the third is a contract, Fourth exchange, promissory notes, bills of lading Fifth. Some will forge full set of documents and letters of credit requirements in line to make payment because of the unconditional bank documents in line on the surface, so as to achieve the purpose of fraud. According to "UCP500" provisions of the beneficiary to submit commercial invoices, bills of exchange, transport documents (including bills of lading, railway transportation bill of lading, air waybill, receipt carriage of goods by sea) and the like. Among them, the bill of lading is the most important documents, as well as the declaration of import and export management, foreign exchange memo, to write off single, all important documents. Fraudsters fake content, setting false company issued false documents, forged documents, and some even through splicing, altered and so on. If you are not familiar with the process of foreign trade, small companies tend to fall into the trap of this pseudo-single.
8, settlement
Many unscrupulous traders banner market is not good, and so it takes time to sell under the guise of, and using delaying tactics to change the card settlement time, such as L / C after a few batches of cargo D / P, D / A (L / C is letter of credit, D / P and D / A, respectively, against payment and against acceptance, on the whole, L / C ratio D / P safe, D / P ratio of D / A Security) and once received a D exporter / P, after the D / A long-term method of payment or consignment, while the other claims that the voluntary payment of deferred interest, essentially unscrupulous traders wait for goods to Hong Kong, namely the application protest. Some also said to open letters of credit, but the delay in opening out, urging several foreign companies, was told to "permit have already left, delivery first", this time sailing close, pending the receipt of the letter of credit and then find more Terms of discrepancies, had to change remittance (remittance merely commercial credit), then trapping were not sent to recover the original bill, causing the money the two air cargo losses to foreign trade companies.
9, collusion
Online trade, many are from Hong Kong, Taiwan and other regions and export company, which also has a small number of unscrupulous traders, the trick is as follows. First the sky bragging, exaggerating to say little. Most of them blowing their own businesses to multinational corporations or international companies, financial strength male, talent, etc., but in fact only a few people in a small company, not only financial constraints, poor credit, and even some already notorious. Secondly, looking for domestic acquaintances, or collusion domestic unscrupulous traders. Third, collusion, smuggling of goods in short supply at different times in different categories, such as: oil, automobiles, steel, cold-rolled plates, mobile phones, computers and so on. Fourth, the holding of large well-known international banks of false bills of exchange, promissory notes, to financing or investment style has won the trust of local government officials and companies, defrauding and taking cash and so on. Such unscrupulous businessmen tend to be more like the Savior as an investment or financing debut, winning a temporary trust immediately bait to lure business, quick, business units into the net withdrawals immediately get away, disappeared.
How can we prevent the contract trick it? Achieve "six review" is indeed good way to prevent cheating.
"Six review" as follows:
A review of the contract if the other party has legal title.
So that "Three Views": a look at the legal, corporate organization whether the parties have legal personality (ie it is not reviewed by the state economic organizations established approval process, there can not be people charter, with or without a business license and legal address); Two views of people are not as engaged in their own business and the parties signed an economic contract; three to see if there is the legal representative of the signing representative of the "power of attorney." If so, look at the "power of attorney" is detailed clearly stating commissioned items and powers. By "Three Views" to give an affirmative answer, that have legal qualifications.
2, review whether the other party to the contract performance capabilities.
The so-called performance capabilities, the ability to perform the contract refers to other matters (including funds, supply of credit, technology, production capacity, raw materials and energy, product quality, process, etc.) agreed upon.
4, signed a contract to review whether to follow the "principle of equality, the principle of voluntariness, fairness and good faith, to comply with the law, shall not prejudice the public interest."
In the sales contract, the parties have the right, but also obligations, rights and obligations are reciprocal, unless otherwise specified by law, any party may only rights, not obligations.
5, content review of contracts (terms), such as subject matter, quantity and quality, price or remuneration, settlement method, deadline fulfillment, place, manner, breach of contract, the other provisions necessary are complete, complete, clear and detailed.
Using model text should control model text article review of whether CLEARLY; both parties agreed terms, to review the warranty is complete, whether the specific content, if they are easy to operate.
6, in the form of review of the contract is consistent with the statutory procedures.
Look formalities are complete, the text is accurate, the numbers are accurate, whether the use of legal units of measurement, the syntax is standard. Terms of the contract should be more use declarative sentences, sentences of more caution qualifier to avoid ambiguity and ensure the seriousness of the contract, rigor, reduce contract disputes, effectively prevent contract fraud.
Also note that, as the review of foreign sales contracts, in addition to the review of the above-mentioned six areas, we must also examine the foreign party of the company (business) name, nationality, legal address, total capital, business scope, the company (enterprise) constitution and the country or the region of registration documents, company (business) recent balance sheet.
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4, do not sign a written contract
Article 11 provides that "the United Nations Convention on the International Sale of Goods," "contract of sale need not be made in writing or written proof", trapping those that ground, does not have to sign a written contract made plausible, so long as both sides can agree.
5, the use of funds
In international trade practice, many trapping is the use of certain terms are inadequate or incomplete provisions fraud manufacture, mainly in terms of quality, respect the terms of the claims, warranty, breach of contract terms.
6, letters of credit
Letter of credit is the main way of international trade settlement, some foreign customers to hoodwink foreign companies often can open letters of credit to obtain the confidence, and many are not familiar with the process of foreign trade of small companies often do not understand each other under the credit situation is The letter of credit "trust", ignoring take precautions. Trapping often provide for a clause in the letter of credit, and this clause can be achieved depends entirely on the issuer, beneficiary, regardless of what efforts were inevitably been refused, such a clause is called a "soft policy. . "
Common soft terms have the following types:
1) temporarily become effective credit, sample notice in force or to be confirmed by the issuer to take effect until after the notification letter of credit issued import licenses.
2) the shipping company, name, destination, departure port or inspection person, subject to the issuer shipment date notice or consent of the issuer, the issuing bank will modify the form of a book notice.
3) the goods to the port of destination meet its payment obligations after inspection by importers.
4) The designated beneficiary must submit a certificate of inspection issued by a foreign inspection agency or designated by the applicant on behalf of issued certificates, and so that such fraud often occurs in the CFR / CIF contract.
5) documents, at present, the document is in all aspects of import and export trade, the main basis and credentials. It is this feature makes criminals think hard, make a big fuss in the document, half-truths, real ones.
Foreign economic and trade practice, trapping people in general are more counterfeit invoice following: First, the export declaration, the second is a single exchange water, the third is a contract, Fourth exchange, promissory notes, bills of lading Fifth. Some will forge full set of documents and letters of credit requirements in line to make payment because of the unconditional bank documents in line on the surface, so as to achieve the purpose of fraud. According to "UCP500" provisions of the beneficiary to submit commercial invoices, bills of exchange, transport documents (including bills of lading, railway transportation bill of lading, air waybill, receipt carriage of goods by sea) and the like. Among them, the bill of lading is the most important documents, as well as the declaration of import and export management, foreign exchange memo, to write off single, all important documents. Fraudsters fake content, setting false company issued false documents, forged documents, and some even through splicing, altered and so on. If you are not familiar with the process of foreign trade, small companies tend to fall into the trap of this pseudo-single.
7, Transport
Import and export trade and transport links "trap" the most difficult people to see through, since the maritime transport and multimodal transport links, long period, complicated procedures, so some trapping are mostly in Chinese imports of bulk raw materials or bulk commodities badly needed in the name of collusion bad credit small owner counterfeit bill of lading or shipping agents cheat the domestic money, and then fled. In addition, transportation is also often Daoqiantidan and advances of Bill of Lading, charter party fraud, divert fraud, abuse disclaimer fraud shipowners, maritime insurance fraud and so on. The fraud is a common feature of international, complexity and sensitivity. Due to transportation links, it involves complex legal and technical expertise, many small companies do not ask foreign trade or foreign expert lawyers lucky decisions, some bad credit or credulity transport agents, are often deceived.
Import and export trade and transport links "trap" the most difficult people to see through, since the maritime transport and multimodal transport links, long period, complicated procedures, so some trapping are mostly in Chinese imports of bulk raw materials or bulk commodities badly needed in the name of collusion bad credit small owner counterfeit bill of lading or shipping agents cheat the domestic money, and then fled. In addition, transportation is also often Daoqiantidan and advances of Bill of Lading, charter party fraud, divert fraud, abuse disclaimer fraud shipowners, maritime insurance fraud and so on. The fraud is a common feature of international, complexity and sensitivity. Due to transportation links, it involves complex legal and technical expertise, many small companies do not ask foreign trade or foreign expert lawyers lucky decisions, some bad credit or credulity transport agents, are often deceived.
8, settlement
Many unscrupulous traders banner market is not good, and so it takes time to sell under the guise of, and using delaying tactics to change the card settlement time, such as L / C after a few batches of cargo D / P, D / A (L / C is letter of credit, D / P and D / A, respectively, against payment and against acceptance, on the whole, L / C ratio D / P safe, D / P ratio of D / A Security) and once received a D exporter / P, after the D / A long-term method of payment or consignment, while the other claims that the voluntary payment of deferred interest, essentially unscrupulous traders wait for goods to Hong Kong, namely the application protest. Some also said to open letters of credit, but the delay in opening out, urging several foreign companies, was told to "permit have already left, delivery first", this time sailing close, pending the receipt of the letter of credit and then find more Terms of discrepancies, had to change remittance (remittance merely commercial credit), then trapping were not sent to recover the original bill, causing the money the two air cargo losses to foreign trade companies.
9, collusion
Online trade, many are from Hong Kong, Taiwan and other regions and export company, which also has a small number of unscrupulous traders, the trick is as follows. First the sky bragging, exaggerating to say little. Most of them blowing their own businesses to multinational corporations or international companies, financial strength male, talent, etc., but in fact only a few people in a small company, not only financial constraints, poor credit, and even some already notorious. Secondly, looking for domestic acquaintances, or collusion domestic unscrupulous traders. Third, collusion, smuggling of goods in short supply at different times in different categories, such as: oil, automobiles, steel, cold-rolled plates, mobile phones, computers and so on. Fourth, the holding of large well-known international banks of false bills of exchange, promissory notes, to financing or investment style has won the trust of local government officials and companies, defrauding and taking cash and so on. Such unscrupulous businessmen tend to be more like the Savior as an investment or financing debut, winning a temporary trust immediately bait to lure business, quick, business units into the net withdrawals immediately get away, disappeared.
How can we prevent the contract trick it? Achieve "six review" is indeed good way to prevent cheating.
"Six review" as follows:
A review of the contract if the other party has legal title.
So that "Three Views": a look at the legal, corporate organization whether the parties have legal personality (ie it is not reviewed by the state economic organizations established approval process, there can not be people charter, with or without a business license and legal address); Two views of people are not as engaged in their own business and the parties signed an economic contract; three to see if there is the legal representative of the signing representative of the "power of attorney." If so, look at the "power of attorney" is detailed clearly stating commissioned items and powers. By "Three Views" to give an affirmative answer, that have legal qualifications.
2, review whether the other party to the contract performance capabilities.
The so-called performance capabilities, the ability to perform the contract refers to other matters (including funds, supply of credit, technology, production capacity, raw materials and energy, product quality, process, etc.) agreed upon.
To achieve the "four survey":
① look signatories of identity cards, work permits and other documents;
② face to face negotiations with the contractor, on-site observation;
③ investigate the person's name in various forms, units, residences, affiliation, economic nature, funding, equipment, technical capabilities, business scope;
④ When necessary, investigating other side of the parent unit by correspondence or other means to check on the status industrial and commercial administrative departments.
3, content review of the contract (terms) compliance with the requirements of national laws and policies, whether in the national interest and the public interest.
3, content review of the contract (terms) compliance with the requirements of national laws and policies, whether in the national interest and the public interest.
The following five aspects of the contract is not valid and the other not signed:
1) fraud, duress means of a contract;
2) harm the national interests of the contract;
3) malicious collusion are detrimental to the State, the collective or any third party of the contract;
4) legal form concealing illegal purposes contract;
5) Contract harm the public interest of the contract and violation of laws and administrative regulations of the mandatory provisions.
4, signed a contract to review whether to follow the "principle of equality, the principle of voluntariness, fairness and good faith, to comply with the law, shall not prejudice the public interest."
In the sales contract, the parties have the right, but also obligations, rights and obligations are reciprocal, unless otherwise specified by law, any party may only rights, not obligations.
5, content review of contracts (terms), such as subject matter, quantity and quality, price or remuneration, settlement method, deadline fulfillment, place, manner, breach of contract, the other provisions necessary are complete, complete, clear and detailed.
Using model text should control model text article review of whether CLEARLY; both parties agreed terms, to review the warranty is complete, whether the specific content, if they are easy to operate.
For instance, look at whether the terms of product quality, including technical standards, performance standards, indicate whether a specific standard code. After installation of the operation to find the intrinsic quality of the products in question, to examine whether the contract specifies the challenge of defining the conditions and time. Each provision of the contract, the more specific the better, consider the review to be thoughtful, it is envisaged to be comprehensive, not afraid to red tape, to prevent the main provisions of the contract does not lead to complete fraud.
6, in the form of review of the contract is consistent with the statutory procedures.
Look formalities are complete, the text is accurate, the numbers are accurate, whether the use of legal units of measurement, the syntax is standard. Terms of the contract should be more use declarative sentences, sentences of more caution qualifier to avoid ambiguity and ensure the seriousness of the contract, rigor, reduce contract disputes, effectively prevent contract fraud.
Also note that, as the review of foreign sales contracts, in addition to the review of the above-mentioned six areas, we must also examine the foreign party of the company (business) name, nationality, legal address, total capital, business scope, the company (enterprise) constitution and the country or the region of registration documents, company (business) recent balance sheet.
Related News: