Note: what if there is "no order release"?

Date of issue:2019-12-03 10:46
Destination ports in some countries

You can pick up the cabinet without the bill of lading!
What is "release without order"?

Under normal circumstances, the receiving party needs the original bill of lading or telex release or seaway to pick up the goods, but it often happens that "the original bill of lading in hand, the goods have been even removed". We refer to this situation as "delivery without order".

Releasing the goods without bill of lading, also called releasing the goods without original bill of lading, refers to the act of releasing the goods according to the consignee or notifier recorded on the bill of lading by a duplicate bill of lading or a copy of the bill of lading plus a letter of guarantee without the original bill of lading being withdrawn by the carrier or its agent (forwarder) or the port administration or the warehouse manager.

The normal operation of this kind of transaction mode is: the customer pays 30% deposit first, we make the goods, arrange the shipment after making the goods, and then get the original bill of lading. Then send the copy of the bill of lading to the customer, wait for the customer to confirm the bill of lading information OK, the customer will pay the balance, we will send the original bill of lading to him after receiving the money, or let the shipping company telex release, and then give the customer telex number, the customer can pick up the goods.

This is a more conventional "release without order", in fact, we often encounter a lot of unconventional "release without order" operations, such as any documents do not need, even the copy of the bill of lading do not need, you can pick up the goods!

This is a more conventional "release without order", in fact, we often encounter a lot of unconventional "release without order" operations, such as any documents do not need, even the copy of the bill of lading do not need, you can pick up the goods!

The foreign trade personnel are very anxious when the goods are released without order, because most of the orders by sea are not small. Under this circumstance, the goods are not only picked up by the consignee, but also the balance payment of the goods cannot be recovered.

Countries/regions at high risk of "unreleased cargo"

Some countries in central and South America and Africa have adopted the policy of unilateral release of imported goods. The country customs decides whether to release the goods to the consignee, the shipping company has no legal right to control the goods.

Specifically, at present, Brazil, Nicaragua, Guatemala, honturas, el Salvador, costa rica, dominica, venezuela and other countries in central and South America, as well as Angola, Congo and other African countries, can be released without a single cargo.

CGM ship company issued an urgent notice: venezuela (including laguardia, IRA, card cabello and other ports) after the goods to the port, the port of discharge to unload, as of the date of the carrier or losing control of goods, the goods will be forced to the local customs or port authorities released to the consignee of bill of lading, the consignee need to provide the original bill of lading, you can pick up the goods. The ministry of commerce of our country has also reminded us urgently about the issue of cargo release without documents from Angola.

In addition, the United States, Canada, the United Kingdom and other countries, is allowed to take delivery of goods by a copy of the straight bill of lading. It is usually the case that the carrier (forwarder or shipping company) has reason to deliver the goods to the consignee (importer) designated by the shipper (exporter) on the straight bill of lading, and the carrier is not obliged to require the shipper to produce the original straight bill of lading when delivering the goods. This means that the consignee on the "Straight B/L" bill of lading can take delivery of the goods with the endorsement on the "Notice of arrival" and the consignee's identification, instead of the "original bill of lading." This means that if the exporter does not collect the payment in time, it is useless to have the original bill of lading.

Exports to Turkey, India and Algeria should also be noted that right of shipment is automatically transferred to the consignee after manifest declaration by the importer at the port of destination before the arrival of the goods, i.e. the exporter loses control of the goods.

These countries are prone to release goods without order, so when we cooperate with customers in these countries, we must collect the payment before delivery.

Cargo release without order happens from time to time. How should we deal with cargo release without order? In the next issue of aviation news, Mr. Chengye will explain how to avoid cargo release without order in detail.

How to prevent cargo release without order?

First of all, when signing export contracts, foreign trade enterprises should try to sign CIF or C&M terms, force to reject FOB terms, to avoid foreign designated overseas freight forwarding arrangements.

Second, such as foreign insist on FOB terms and specify the shipping company and forwarder to arrange the transport, can accept the specified shipping company, but we can not accept without the approval of the ministry of foreign trade in the business of international forwarding agent in China of our forwarder enterprises or foreign representative office to arrange transportation, and explain to foreign, any unauthorized forwarding business in China and the behavior of the bill of lading is illegal.

At the same time, such as foreign still designated overseas forwarder, for not affect export, must be in strict accordance with the program operation, specifying the overseas forwarder bill of lading issued by must entrust freight forwarding enterprise approved by the ministry and grasp control of the goods issued by the agent at the same time, issue a letter of guarantee of bill of lading freight enterprise commitment must be under l/c after the goods arrived in the port of destination bank transfer of the original bill of lading release cargo, or to undertake the shipment release without collection bill of lading liability to pay compensation.

What kind of statement can refuse the customer to the designated forwarder?

The first kind of statement: explain to the customer that our forwarder has 20 or 30 years of experience, which can help us avoid risks and control costs, which is good for you and me.
The second kind of statement: the company has an agreement with our freight forwarding company, all the goods of our company must be in the charge of the freight forwarding company, so we can not breach the contract, please understand.
These two statements are nothing more than to refuse the customer to use the designated freight forwarding communication skills, in short, to try to avoid the use of the customer designated freight forwarding.

What should I do if "no order is released" occurs?

"Release without order" is not completely sure of the loss, there are a lot of customers because of capital turnover, negotiate with the designated freight forwarding release without order, sell first, then pay. That is to say, although some customers have no order to release the goods, they will still make payment, but they will be late.

In this case, we should actively keep in touch with the customer, at the same time to investigate the responsibility of the forwarder, without the shipper's permission to operate without orders, the loss caused by the forwarder should be responsible.

If it is the freight forwarding and foreign buyers malicious collusion or freight forwarding fraud, should go through legal procedures.

First, contact and urge as soon as possible, and try to keep written evidence. The documentary evidence here also includes relevant electronic evidence, such as the other party's business name suffix email. 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 the lawyer as soon as possible, send the lawyer letter, collection letter, and as soon as possible start the blacklist system, causing pressure to the other side.

In addition, start organizing evidence as soon as possible to prepare for litigation. In particular, the limitation period for a maritime action is only one year (art. 257 of the maritime law), and the suspension limitation period is also different from the general limitation period. Don't let the other party or yourself delay your time and miss the statute of limitations.

It should be reminded that it is suggested to stipulate that the way of dispute settlement is arbitration, because if foreign parties are involved, the effective award of Chinese courts cannot be implemented, while arbitration can be implemented, which will make judicial relief become substantive relief. China is a party to the New York convention.

After obtaining the effective judgment, local lawyers or collection agencies can be entrusted to recover the losses.

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