案例讨论1:Case Discussion
Backdated Bill of Lading Case
A Chinese foreign trade enterprise has signed a contract of supply of computer spare parts with a foreign businessman from Indonesia. The contract is to be paid by L/C, with the stipulation of shipment before September 30, 2019. Later, due to the failure to catch up with the September shipment date, the ship was loaded on October 6. In order to comply with the documents and timely collect the foreign exchange, the company requested the shipping company to write the date of shipment as September 28.
Is it legal to bring forward the actual date of shipment of the Bill of lading? What are the risks?
Analysis
To amend the date of shipment of the bill of lading to be earlier than the actual date of shipment is an inverted bill of lading. Backdated bill of lading is illegal, and this behavior violates the rights and interests of the consignee, there is a fraud; If the importer has any doubt, it can find the flaw through the ship's log and other documents, and can directly Sue the shipping company, which will inevitably put all the responsibility to the export enterprise. This is a violation of professional ethics and business ethics.
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