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What should I do if the bill of lading is lost in international shipping?

Published by June 11,2022

 

Loss of shipping documents in international ocean transportation often prevents the consignee from picking up the goods with the original bill of lading at the port of destination. In practice, the consignee generally picks up the goods with the duplicate bill of lading; or the ocean carrier signs a new set of bills of lading to the supplier It is used for delivery and settlement of foreign exchange, or the exporter authorizes the carrier to release the goods; in the above three cases, the carrier usually requires the cargo side to provide a reliable guarantee.

 

At present, shipping companies often require the exporter and the bank to provide a joint guarantee, and the guarantee period is one year, three years and six years. The guarantee letter issued by the bank generally requires the exporter to pay a security deposit. If the amount is huge, the huge amount of money will be kept for three to six years, which will cause great pressure on the exporter; if the bill of lading is obtained by a third party in good faith, the exporter will face two funds. null.

 

There may be several reasons for the loss of the bill of lading during delivery

 

(1) Losses under international maritime export control.

 

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

 

(3) The issuing bank lost the documents after handing them over to the express company.

 

(4) Lost after the courier company arrives at the negotiating bank.

 

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

 

(1) Notify relevant international shipping companies and their agents in a timely manner. If this happens, the shipping company and its agents are obliged to handle it with care. Therefore, it is no longer possible to 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 he obtained the bill of lading. nice. For example, meet the requirements? Is there any reasonable consideration? The carrier can also withdraw the goods by sea under the bill of lading through legal procedures and release its responsibility for the goods.

 

(2) timely apply to the court for its publicity. First, it can ensure that the rights and interests under the bill of lading are not infringed; second, it can solve the long-term lag problem of the deposit. Because once the court decides to accept the public notice, the transfer of the rights to the bill during this period is invalid. Legal fees for notification procedures are lower.

 

(3) Generally speaking, the loss of documents should not affect the port pressure, because the consignee is obliged to receive the goods, but cannot refuse to unload the goods accordingly; although the consignee has the right to refuse to release the goods, the carrier also cannot Refused to unload on the grounds that there is no original bill of lading.


This is a very serious problem, welcome to consult Original Link Logistics, we have rich experience to solve your doubts!

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