중국 수출기업의 FOB 무역관행에 관한 연구

Abstract

Trade terms are products of a certain historical stage. With the development and advancement of the international trade transportation and communication, more and more trade terms are much more used in business. Free on board (FOB) is a typical example. At the end of the 1990’s the International Chamber of Commerce conducted a statistical investigation. According to the study, FOB is the most frequently used term in 40 countries. Although the varieties y of trade terms areis increasing, FOB is still is the key point of International Sale of Goods Act. There are two practices to interpret FOB trade terms, 《INCOTERMS 2000》and 《Revised American Foreign Trade Definition 1941》. In which FOB contract is largely applied when exporting and importing special cargo, such as large solid objects and petroleum. In China, most of the exporters are not willing to take care of shipping, under buyer’s market circumstances. To be convenience, the exporters are inclined to use FOB in foreign trade. In the past, most people believed that the risk of FOB trade term was minor. On the contrary, in real life, risks can be numerous. In market activity, the trade is accompanied with risks, especially in recent years. In 2000, the National Department of Commercial Affairs sent notices many times, requesting that the export unit sign the CIF contract as quickly as possible. However, as the main international trade terminology, FOB is impossible to be abandoned, particularly when it involves large amounts of cargo and petroleum transport. This is even obvious when the cargo has a special size, which requires the buyer to voluntarily arrange the transportation. In this situation, FOB is been using frequently. On top of that, solve problems associated with FOB is critical. Studying on existing questions and come up with alternative solutions is beneficial in reducing the risks as much as possible. The FOB contract contains various kinds of risks, including bill of lading, foreign exchange, insurance and transport. This article provides a summary analysis of these risks and makes the corresponding responses, in order to study the risks and give the countermeasure. This thesis mainly compares the definition of FOB conventions in different countries. As well as how it affects international trade under a FOB contract. When using an FOB contract, we should estimate the risks at the first place and try to eliminate it before the problems occur. This is an urgent matter which our exportation enterprise should face. Through the case, it has been proved that the FOB contract should not to be abandoned so long as appropriate actions been taken. The risk is an objective reality, but it alsocan canalso be avoided. The main point of this article is to introduce the risk which is caused by the No-Bill Delivery under Straight Bill of Lading in FOB terms, and by the different forms of payment like L/C and D/P. This article also pays much attention to the non-ship carrier question that appears frequently when choosing an FOB contract to export. Although there are risks in the practice, an FOB contract is still needed. In order to reduce the risks, under the instruction, the author reads and studies the related material and books. For this question, I’ve expressed my own point of view. The aim of this paper is to propose some possible solutions and countermeasures for the foreign trade enterprises which have difficulties in using FOB contracts in our country.