Jan 28,2023
No single release
What is called "no single release"
No single release, also known as no original bill of lading release, refers to the carrier or its freight forwarder (freight forwarder) or port authority or warehouse manager in the absence of the original bill of lading, according to the bill of lading recorded on the consignee or notice person with a copy of the bill of lading or a copy of the bill of lading, plus a letter of guarantee to release the goods.
Under normal circumstances, the consignee needs the original bill of lading or electric discharge or seaway to pick up the goods, but it often happens that "the original bill of lading is in hand, the goods have been taken away. We call this situation "no single release".
The normal operation of this transaction method is: the customer pays 30% deposit first, we do the goods, arrange the shipment of the goods after the goods are made, and then get the original bill of lading. Then the copy of the bill of lading to the customer, such as the customer to confirm the bill of lading information OK, the customer to pay the balance, we receive the money and send the original bill of lading to him, or let the shipping company electricity release, and then to the customer electricity release number, the customer can pick up the goods.
This is the more regular "no single release", in fact, we often encounter a lot of unconventional "no single release" operation, such as what documents do not need, even a copy of the bill of lading, can take the goods away!
In the event of no single release, foreign traders are very anxious, because most of the orders by sea are not small, in this case not only the goods are taken away by the consignee, but also can not recover the final payment of the goods.
High-risk countries/regions with no single release
Latin America, West Africa and many other countries, there are no single release of goods. Angola, Nicaragua, Guatemala, Honduras, El Salvador, Costa Rica, Dominica, Venezuela and other countries are all countries that can release goods without orders. In these countries, there is a policy of unilateral release of imported goods. The owner's manipulation of the original bill of lading was canceled.
In addition, the United States, Canada, the United Kingdom and other countries, the name of the bill of lading copy is allowed. The practice is that the consignee of the "named bill of lading" (Straight B/L) may take delivery of the goods not on the basis of the "original bill of lading" but only on the endorsement of the "Notice of arrival" (Notice of arrival) and the identity of the consignee. This also means that if the payment is not recovered in time, even if the export enterprise has the original bill of lading in hand, it will not help.
How to prevent no single release?
Sign CIF or C & M Terms
Foreign trade enterprises in the signing of export contracts, should try to sign CIF or C & M terms, to reject FOB terms, to avoid foreign designated overseas freight forwarders to arrange transportation.
Acceptance of designated shipping company
If foreign businessmen insist on FOB terms and designate shipping companies and freight forwarders to arrange transportation, they can accept the designated shipping companies, but they cannot accept the freight forwarders or overseas freight forwarding representative offices that operate international freight forwarding business in China without the approval of the Ministry of Foreign Trade and Economic Cooperation to arrange transportation, and explain to foreign businessmen that any act of operating freight forwarding business in China and issuing bills of lading without approval is illegal.
Strictly follow the procedure
If foreign businessmen still insist on designating overseas freight forwarders, in order not to affect exports, they must strictly follow the procedures, I .e. the bill of lading for designating overseas freight forwarders must be entrusted to a freight forwarder approved by our department to issue and control the goods. At the same time, the freight forwarder issuing the bill of lading shall issue a letter of guarantee, promising to release the goods on the basis of the original bill of lading circulated by the bank under the letter of credit after arriving at the destination port of destination, otherwise, otherwise liable.
What should I do when I encounter "no single release?
"No single release" is not entirely certain of losses, there are many customers because of money turnover, with the designated freight forwarder to negotiate no single release, first sales, then payment. That is to say, although some customers have no orders to release the goods, they will still make payments, but they will be late.
In this case, we should actively keep in touch with customers, and at the same time, we should investigate the responsibility of the freight forwarder. Without the permission of the shipping party, we should find the freight forwarder to be responsible for the losses caused.
If the freight forwarder maliciously colluded with foreign buyers or the freight forwarder cheated the goods, legal procedures should be taken.
Contact and urge as soon as possible, and try to keep the written evidence. The documentary evidence here also includes relevant electronic evidence, such as emails with the suffix of the other party's business name. Contact records with individuals need to be analyzed on a case-by-case and whether they belong to electronic evidence.
At the same time, contact the lawyer as soon as possible, send the lawyer's letter and collection letter, and start the blacklist system as soon as possible, causing pressure on the other party.
Start sorting out the evidence as soon as possible and get ready for litigation. It is particularly noteworthy that the statute of limitations for maritime actions is only one year (article 257 of the Maritime Code) and that the interruption of the statute of limitations is different from the general statute of limitations. Don't miss the statute of limitations because of the other party or because of your own delay.
It should be reminded that it is recommended that the means of dispute settlement be arbitration, because if foreign parties are involved, the effective award of our courts cannot be enforced, while arbitration can be enforced, which will make judicial relief become substantive relief. We are a party to the New York Convention. After receiving the effective judgment, you can entrust a local lawyer or debt collection company to recover the loss.
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