英国物流业课程作业：物流合同中的风险规避分析On the FOB contract of freight risk aversion

In recent years , with the conduct of international trade and international shipping conditions and technical improvements achieved in the British foreign export contracts , FOB usage increasing, came in to the frequent use of trade terms in the first place . FOB contract basic elements are: the seller within the time specified in the contract specified port of shipment of the goods loaded on the vessel named by the buyer , and promptly notify the buyer . When the shipment of goods across the ship's rail , the risk transferred from the seller to the buyer . The buyer is responsible for booking a charter , pay the freight, handling insurance , and the name of the vessel , sailing promptly notify the seller. Goods across the ship's rail at the port of shipment risks , costs, responsibilities borne by the Buyer .
近年来，随着国际商业活动的开展以及国际航运条件和技术的改善，在英国对外得到的出口合约中，FOB的运用率越来越高，排在次数多运用地各商业活动专门用语的第一位。FOB合约基本内部实质意义是:卖方在合约规定的时间外在规定的装运港将货物装上买方指定的船舶，并趁早通告买方。

First, foreign trade enterprises for cost control considerations
一、外贸企业出于成本控制上的考虑

Tension capacity of the international transport market , rising oil prices which led to frequent tariff increases , coupled with a variety of surcharges, price fluctuations on the transport industry , the exporting company is difficult to accurately control and grasp, so transportation initiative in mastering foreign trade enterprises under the right circumstances , choose to use FOB contract, it is more convenient to control the cost . Because according FOB Incoterm , the seller as long as the goods delivered port of shipment on board even if the completion of its obligations in this regard will not increase other costs , relatively clear . In addition , the seller did not undertake cargo transport and insurance costs , the situation in case of goods being cheated , the seller's losses will be smaller , especially in the current RMB exchange rate appreciation trend larger case , do not choose as CIF, CFR so trade terms , so that freight and insurance costs from the buyer, the seller can avoid the losses caused by appreciation of the renminbi .
因为国际运送市场运力焦虑，油价不断上升而造成运价频频上调，加上五花八门的附带加上费，对运送行业价钱的撩动，各出口企业难于正确扼制和把握，因为这个外贸公司在掌握运送主动权的事情状况下，挑选运用FOB合约更便捷其在成本上的扼制。

Second, foreign shipping companies , freight forwarding companies and service business advantage

After the 1990s , the British shipping market gradually opening up , foreign shipping companies shipping freight forwarding companies to quickly enter the UK market , and with the British shipping companies to start the competition. As the Foreign often with foreign shipping companies , freight forwarding business dealings between companies frequently have a better understanding of each other , have a good history of cooperation , commissioned by foreign buyers that shipping companies, more confident , better protect his interests , will be used in the negotiations to strive FOB terms . In addition, these multinational shipping companies are often large, the size of the port networks around the world , the international shipping market prices , demand for information is very understanding , coupled with the services it provides efficient, fast , good reputation , but also makes more and more select the foreign trade enterprises freight company .

However, with all these years of frequent use FOB terms , the export enterprises settlement disruption , loss of rights in goods , and even the phenomenon of money the two air cargo also seen , an important reason for this phenomenon is due to the exporter and the shipping company or freight forwarder disputes between the freight due. Embodied in the following aspects.

1 believe too much foreign or forwarding instructions and arrangements. Maritime transport of goods is a complex process to go through the contract , issuing bills of lading , perform transport operations and many other aspects , related to the carrier, the shipper , freight forwarding, shipping agency , shipping companies , consignees, customs, banking and other types of body , also includes handling, cargo handling, transshipment and other matters may be , the parties and links more than one , there is increased probability of risk . If the entire transport links by a foreign master , we just press the command specified freight to the foreign port of shipment on board , passive follow his program to go on shipment of the goods and the entire process and signs of possible problems are more difficult to control , the lack of timely detection , easily lead to problems.

2the lack of review of the legality of the bill of lading . Designated foreign buyer freight carrier companies is relatively common phenomenon , and thus bill of lading issued by or freight forwarding company . For example: In the bill of lading Consignee ( consignee ) a column , such as export enterprises to easily accept customer 's request, to order of Bank ( with banking instructions ) change the fill for the customer 's name, so notify Party ( notifying party ) and the consignee ( consignee ) are the client 's name, so customers have to bypass its delivery to the bank foreclosure single link, http://www.ukthesis.org/wlglzy/ easily put away the goods . In addition , many companies or the authenticity of the bill of lading bill of lading shows generally not questioned the legality of the carrier nor its bill of lading issued to demonstrate whether the document of title , such as , in the maritime practice, issued by the freight forwarders bill of lading (Forwarder's B / L) is very common, but it is often just a cargo receipt to prove that the goods have been issued , and its role in the settlement of the status and the shipping company or shipping carrier to sign on behalf of the bill of lading is completely different . These flaws in the bill of lading or neglect the Results section on the future receipt of potential problems.

3 accept customer 's " soft terms ." Some companies make a deal , for orders on " soft terms " do not know and do not know whether the case when signing the contract easily accept customer 's " soft terms ." " Soft terms " performance forms, if the export business difficult to achieve , the trial has not been sufficient time and attention to evidence and correct , the last time the credit negotiation banks tend to suffer dishonor . For example, some countries in the Middle East as specified in the credit cargo vessel must have a classification certificate , the ship was considered more than a certain number of years does not meet the requirements, ignored these will suffer DISCREPANCY trap by bank refund or dishonor .

4 non- delivery of goods and foreign- fraud . As the actual shipping complex situation , adhere voucher delivery of goods, delivery will not only importers can not be brought promptly lost sales will bring sailing to the carrier loss , increased storage costs.Therefore , in practice, a number of alternative approaches , such as no single delivery , which will be followed with guarantee delivery occurs . However, delivery of goods without procedural some omissions , forgery guarantees unscrupulous traders to defraud the goods to provide an opportunity. In addition, some unscrupulous importers intentionally defrauding the British exporter of the purchase price under the contract using the FOB charter booking by the buyer the opportunity to fabricate foreign freight forwarding or NVOCC to cheat goods domestically , or with some designated foreign freight forwarding or NVOCC for conspiracy , in the absence of original bill of lading or no guarantee in case the goods withdrawn .

5 of export business is fine , easy selection FOB terms . In the current competition and exports are increasingly confronted with stressful situations , some export sales, more simply to be considered from the cost savings , while ignoring the final transaction security. Many salesman for various trade terms in foreign trade and proficient not familiar with the entire process , negotiations with foreign investors face different situations choose to use other trade terms to reduce the risks they were inadequate. In the absence of full understanding of the legality of the presence of foreign companies , credit rating, and the case of the international shipping market , with the signing of FOB export contract for the terms of trade means the transport of goods rights , mode of transport and the carrier 's right to choose to etc. the foreign , which were hidden risks are obvious .

In summary reasons, the international trade due to space, time , and legal factors and impact of risk particularly large, once the export business interests have been compromised , the loss is often difficult to get to restore or recover the cost is huge. Therefore, in international trade time risk awareness and strengthen all aspects of foreign trade normative best measure is to reduce the risk . Specifically , you should try to do the following:

( 1 ) focus on the main body of the carrier or forwarder to confirm eligibility and investigation. In the negotiations, such as foreign insist on using FOB terms and specify shipping companies , freight forwarding or NVOCC offshore arrangements for the transportation , we can accept the well-known shipping companies . While generally designated offshore foreign freight forwarding or NVOCC , without affecting the transaction in the case , may entrust the appropriate agencies , personnel and other aspects of their credit rigorous investigation , master of the company and its registered capital position , the company's business conditions, compliance with others before the performance , and so the basic situation , to understand whether they have to deal with the UK Ministry of NVOCC procedures , and requirements in the UK freight forwarding or NVOCC bond issue . There are at least two advantages : ① Confirm foreign shipping company is real , so you can prevent fraud ; ② Even if there is a wrongful act or foreign cheat goods delivery of goods without case , if the carrier or forwarder is real , at least the main responsibility can be determined , there is a way through litigation may recover their losses .

( 2 ) strict accordance with the trading conditions, specification documents operational processes. According FOB contract , the seller did not apply for cargo insurance obligations , but by the buyer side handle . In practice, the emergence of such a situation , that is, when the purchaser is found in compliance unfavorable market to themselves , refused to receive the goods , there may be without insurance , so that once the dangerous condition of the goods in transit can lead to money two air cargo. Faced with this situation , we must strictly in accordance with the conditions and requirements for FOB trading inform buyer in advance shipment notification (Shipping Advice), urging the buyer promptly fulfill corresponding obligations , strict insurance clauses. In addition, for the letter of credit in the way common " soft terms " issue, we must first distinguish their different nature , for example, some local banks set up a special fixed format , as long as attention to the review , you can do it in strict accordance with their requirements . For example, some are related to product quality , market access and other aspects related to non-tariff barriers should be in the product should be taken into account prior to export and fully prepared. In short , in the production and review of documents when done the same document , should do should promptly notify modified to protest against banks , delay settlement.

( 3 ) sea waybill (Ocean Waybill) and the bill of lading ( referred to as the bill of lading ) (Ocean B / L) using risk control . Sea waybill is to prove that the contract of carriage of goods by sea and cargo lift tube or shipment by the carrier , and the carrier that will deliver the goods to the consignee of the document set forth a nonnegotiable documents, because sea waybill can be easily importer timely delivery, simplicity , cost savings , in the current international trading community use is very common. Its characteristics are set forth in the carrier just by the sea waybill consignee receipt of delivery or receipt of delivery of the goods , as long as the receipt to prove it is indicated on the waybill consignee can. The bill of lading is different, an important feature is that it has the right nature , require the carrier must be done with a full set of original bills of lading for delivery of goods , which is to recover the money , according to the seller 's guarantee . Shipping is only a single contract of carriage , just a receipt , if there are problems , you can not use their property as the bill of lading as security features make the seller against the buyer's breach of confidence , securely protect their own interests. However, regardless of which documents the seller to do the most important thing is that you must always be firmly in control of the goods can be extracted certificate , and require the carrier to operate in strict accordance with the seller's instructions , consignments must comply with the requirements of the documents , fulfill the necessary formalities or procedures.

( 4 ) the content from the bill of lading angle control delivery of goods without risk. Trading conditions in the FOB , the buyer often require the seller to the buyer submitted bill of lading as the shipper (Shipper), and goods in transit , the buyer in order to indicate the name of the shipper a bill of lading carrier delivers the goods to the consignee designated by him . As a result , it may appear the phenomenon of non- delivery of goods if the buyer credit is good , but also resell the goods in transit requirements to the buyer as the shipper not a bad idea . But if that is not the case, then fill in the bill of lading the shipper on is very important. According to the "Hamburg Rules " explanation, either the shipper of the goods to the carrier who can also be a contract of carriage with the carrier who signed . Obviously , under normal circumstances , in order to avoid non- delivery of goods and justify the purchase price , the seller should be selected as the shipper . In addition, in the maritime practice, has not yet received the bill of lading , the goods have reached the port of destination or the carrier agent warehouse relatively common phenomenon , in order to reduce trade ship stagnation or decrease storage costs , the exporter can request issued at the port of destination freight forwarding companies put goods guarantees, in order to avoid non- delivery of goods .

With the British the right to operate foreign trade further liberalization , more companies will enter the field of foreign trade enterprises in the choice of international trade terms , particularly the use of currently the most common trade terms FOB , should be strictly in accordance with the " International Incoterms " on FOB terms and interpretation of the provisions of the contract to sign and , when booking a charter for the purchaser may bring freight on full awareness of the risks and be sufficient importance to minimize risk.