理论教育 进口方代理人的职责和义务

进口方代理人的职责和义务

时间:2023-05-28 理论教育 版权反馈
【摘要】:作为进口方的代理人,其主要工作如下:第一,保持与承运人的联系,查询和掌握货运动态信息,及时通报收货人。

进口方代理人的职责和义务

作为进口方的代理人,其主要工作如下:

第一,保持与承运人的联系,查询和掌握货运动态信息,及时通报收货人。

第二,备妥有关进口的运输单据、贸易单据和进口文件等,审核单证的完整性,协助收货人准备提货证件、办理手续,做好提货接货的准备。

第三,代为向承运人或其代理人以及其他有关方支付运费、杂费等运输有关费用。

第四,代办进口报关、纳税、结关、报检报验手续,并可代为支付有关税金和费用。

第五,从承运人处办理进口货物的提取、接收、拆箱、监卸、查验等手续。提取货物后安排货物的仓储、转运、分拨等工作。

第六,安排货物运往收货人指定地点的短途运输,运抵指定地点后,向收货人或其指定人交付货物及有关单据,对集装箱货物还要及时安排空箱回运。

第七,发生货运事故时,货运代理人应记录货物残损、短缺及灭失情况,收集有关证据,协助收货人向有关责任方办理索赔事宜。

第八,代办收货人委托的其他事项。

课外阅读资料

一、关于国际贸易术语

To provide a set of uniform rules for the interpretation of the most commonly used trade terms in foreign trade,ICC first published a set of international rules for the interpretation of trade terms known as “Incoterms 1936” in 1936. Later amendments and additions were made to it to bring the rules in line with current international trade practices.The latest edition is “Incoterms 2000”,which includes 13 different international trade terms: EXW,CFR,CIF,CPT,CIP,FOB,FAS,FCA,DAF,DES,DEQ,DDU and DDP.

Each term specifies whether the buyer or the seller is responsible for arranging such necessities as export license,customs clearance,inspections,and other obligations. They specify at which point the risk of loss and/or damage passes from seller to buyer as well as which party pays for specific activities. A buyer and a seller who conduct their purchase and sale under one of the Incoterms,therefore,will have a mutual understanding of their rights,costs,and obligations.

Here three major trade terms are discussed. The traditional three trade terms are FOB,CFR,and CIF,while FCA,CPT,and CIP are new terms developed on the basis of the traditional ones. They are suitable for any mode of transport.

二、FOB、CFR和CIF术语

“Free on Board”means that the seller delivers when the goods pass the ship’s rail at the named part of shipment. 1)The buyer has to bear all costs and risks of loss of or damage to the goods from that point. 2)FOB term requires the seller to clear the goods for export. 3)FOB term can be used only for sea or inland waterway transport.

“Cost and Freight”means that the seller delivers when the goods pass the ship’s rail in the port of shipment. 1)The seller must pay the costs and freight necessary to bring the goods to the named port of destination. 2)But the risk of loss of or damage to the goods,as well as any additional costs due to events occurring after the time of delivery,are transferred from the seller to the buyer. 3)CFR term requires the seller to clear the goods for export.4)CFR term can be used only for sea and inland waterway transport.

“Cost,Insurance,and Freight” means that the seller delivers when the goods pass the ship’s rail in the port of shipment. 1)The seller must pay the costs and freight necessary to bring the goods to the named port of destination. 2)But the risk of loss of or damage to the goods,as well as any additional costs due to events occurring after the time of delivery,are transferred from the seller to the buyer. 3)However,in CIF the seller also has to procure insurance against the buyer’s risk of loss of or damage to the goods during the carriage. Consequently the seller contracts for insurance and pays the insurance premium. 4)CIF term requires the seller to clear the goods for export.

三、货运代理人的概述

Originally,a freight forwarder was a commission agent performing on behalf of the exporter/importer routine tasks such as loading/unloading of goods,storage of goods,arranging local transport,obtaining payment for his customer,and so on.

However,the expansion of international trade and the development of different modes of transport over the years that followed enlarged the scope of his services.

The services that a freight forwarder renders may often range from routine and basic tasks such as the booking of space or customs clearance to a comprehensive package of services covering the total transportation and distribution process.

Unless the consignor,the person sending goods,or the consignee,the person receiving the goods,wants to attend to any of the procedural and documentary formalities himself,it is usually the freight forwarder who undertakes on his behalf to process the movement of goods through the various stages involved.

The freight forwarder may provide these services directly or through sub-contractors or other agencies employed by him.

四、货运代理人的代理义务

1.代表出口方(即发货人)

(1)Choose the route,mode of transport and a suitable carrier.(www.daowen.com)

(2)Book space with the selected carrier.

(3)Take delivery of the goods and issue relevant documents such as the Forwarders’ Certificate of Receipt,the Forwarders’ Certificate of Transport,etc.

(4)Study the provisions of the L/C and all Government regulations applicable to the shipment of goods in the country of export,the country of import,as well as any transit country; he would also prepare all the necessary documents. 

(5)Pack the goods,taking into account the route,the mode of transport,the nature of the goods and applicable regulations,if any,in the country of export,transit countries and country of destination.

(6)Arrange warehousing of the goods,if necessary.

(7)Weigh and measure the goods.

(8)Draw the consignor’s attention to the need for insurance and arrange for the insurance of goods,if required by the consignor.

(9)Transport the goods to the port,arrange for customs clearance,related documentation formalities and deliver the goods to the carrier.

(10)Attend to foreign exchange transactions,if any.

(11)Pay fees and other charges including freight.

(12)Obtain the signed bills of lading from the carrier and arrange delivery to the consignor.

(13)Arrange for transshipment en route if necessary.

(14)Monitor the movement of goods all the way to the consignee through contacts with the carrier and the forwarders’ agents abroad.

(15)Note damages or losses,if any,to the goods.

(16)Assist the consignor in pursuing claims,if any,against the carrier for loss of the goods or for damage to them.

2.代表进口方(即收货人)

(1)Monitor the movement of goods on behalf of the consignee when the consignee controls freight,that is,the cargo.

(2)Receive and check all relevant documents relating to the movement of the goods.

(3)Take delivery of the goods from the carrier and,if necessary,pay the freight costs.

(4)Arrange customs clearance and pay duties,fees and other charges to the customs and other public authorities.

(5)Arrange transit warehousing,if necessary.

(6)Deliver the cleared goods to the consignee.

(7)Assist the consignee,if necessary,in pursuing claims,if any,against the carrier for the loss of the goods or any damage to them.

(8)Assist the consignee,if necessary,in warehousing and distribution.

【注释】

[1]顾丽亚主编:《远洋运输实务》,人民交通出版社,2007年版,第193-194页。

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