How to remedy the lost bill of lading

        The shipping documents are lost in express delivery, which often results in the consignee’s failure to pick up the goods with the original bill of lading at the port of destination. In practice, the consignee usually picks up the goods with a copy of the bill of lading; or the carrier signs a set of new bills of lading for the supplier to pick up the goods and Use of foreign exchange settlement or telex release by the carrier authorized by the exporter; but in the above three cases, the carrier usually requires the cargo party to provide a reliable guarantee; at present, the shipping company often requires the exporter and its bank to provide a joint guarantee. The guarantee period is one time. The years range from three years to six years.

        A guarantee issued by a bank generally requires exporters to pay a deposit. If the amount is huge, the huge amount of money will be held for three to six years, which will put great pressure on the exporter; if the bill of lading is obtained in good faith by a third party, the exporter will face both money and money. Empty ending.

　　 There may be several situations in which the bill of lading is lost during delivery:

　　(1) Lost under the control of the exporter;

　　(2) After the exporter sends the documents to the issuing bank, they are lost at the issuing bank;

　　(3) The issuing bank’s documents are lost after being handed over to the courier company;

　　(4) Lost after delivery by the courier company to the negotiating bank;

　　(5) Lost after being delivered to the consignee by the negotiating bank.

In both cases (1) and (5), the exporter and importer shall be responsible respectively; in both cases (2) and (4), the issuing bank or negotiating bank shall be responsible; The problem is that the loss often occurs in the (3) situation. According to the current effective postal regulations, the postal department only assumes a very limited liability.

　　 Interpreted according to the 2000 International Trade Term Interpretation General Rules. Under the conditions of CIF, CFR and FOB, the seller must provide the buyer with transport documents at his own expense and without delay. Based on this inference, the risk of loss of documents should generally be borne by the seller.

　　 In order to ensure its own rights and interests, the carrier requires the consignee to guarantee delivery without the original bill of lading; and requires the bank to provide a guarantee. If the capital stagnation is considered, the following measures can be taken to solve it:

　　 (1) Inform relevant shipping companies and their agents in time. In this case, the shipping company and its agents are obliged to handle the goods carefully. They can no longer release the goods only on the basis of the original bill of lading held by the holder of the bill of lading. Instead, the consignee should be required to provide sufficient evidence to prove that it was in good faith to obtain the bill of lading. of. For example, are the endorsements continuous? In compliance with the requirements? Has reasonable consideration been paid? The carrier can also deposit the goods under the bill of lading through legal procedures and release the responsibility for the goods.

　　(2) Apply to the court for public notice in time. One can ensure that the rights and interests under the bill of lading are not infringed; the other can solve the problem of long-term stagnation of margin. Because once the court decides to accept the public notice, the transfer of the rights to the bill during that period is invalid. The legal cost of the public notice procedure is lower, and the attorney's fee is also lower. Foreign countries should also have such a procedure. After the expiration of the reminder period (usually 60 days), the court can apply for an ex-rights judgment.

(3) Generally speaking, the loss of documents should not affect the port pressure, because the consignee is obliged to accept the goods and cannot refuse to discharge the goods accordingly; the carrier also cannot refuse to discharge the goods on the grounds that the consignee does not have the original bill of lading, even though it has the right Refuse to release the goods.

　　(4) What kind of responsibility the postal express company should bear, the current laws and regulations give it almost exempt treatment; whether it can pass on the loss by insuring the postal express risk insurance, the current insurance company seems to have not carried out this insurance.

　　(5) As long as the wording of the guarantee letter issued by the bank is specific and comprehensive, there is generally no risk. Involving large guarantees, it is best to ask a legal adviser to check, because in practice there are indeed many precedents of invalid bank guarantees.