| South Korean government-led export-oriented economic development strategy," trade nation", the use of the favorable international market conditions to overcome domestic resource-poor, small markets and unfavorable factors, to achieve economic growth, among the ranks of newly industrialized countries.In recent years, South Korea’s major export commodities of electrical and electronic products (semiconductors, consumer electronics, computers and peripherals, mobile phones), automotive, shipbuilding, petrochemical products, general machinery, steel, textiles, etc.; mainly imported goods for the semiconductor and other electronic components, crude agriculture, forestry, aquatic products, electrical and electronic products, machinery and equipments, iron and steel, petrochemical products. South Korea’s semiconductor chip memory (DRAM), ultra-thin LCD display (TFT-LCD), flat glass, microwave, CDMA mobile phones, optical drives, computer monitors, and other electronic sphygmomanometer market share in the world ranking. South Korea’s main trading partners are the United States, Japan, EU, China, Southeast Asia, Taiwan and so on In2011, Korea’s imports and exports amounted to＄1,080,889,000,000, history, topped＄1trillion, an increase of21.2%. Among this, exports＄556.514billion, up19.3%, imports＄524.375billion, an increase of23.3%. Trade balance surplus of＄32,139billion. With the continuous development of the Korean economy and rising levels of foreign trade, the risks are constantly exposed, the trade in, FOB trading conditions, more and more foreign trade in South Korea, accounting for more than70%. In this case, the seller should pay more to prevent risks, as the country should also be through the relevant legal mechanisms to ensure their exports to make big business interests and reduce risk.FOB is Free on Board (named port of shipment) English abbreviations, meaning FOB (named port of shipment). In accordance with the International Chamber of Commerce 《2000International Incoterms》 requirement, the seller shall agree on the buyer of the goods specified in the ship and take the goods pass the ship’s rail at the port of shipment before the risks and costs. Here’s the ship nominated by the buyer shall be nominated by the buyer shipping company. However, the current FOB actual usage, the designated shipping company less, most of the designated foreign freight forwarders. Then the FOB terms, the buyer why do you want to specify freight forwarders? Speaking from the buyer is simply out of several considerations. Some bear the freight forwarding customs clearance requirements, logistics and other services; plenty can be forwarding obtain preferential tariffs. Of course, does not rule out the use of a small number of unscrupulous traders freight forwarding freight forwarding or collusive fraud seller of the goods. This one in particular is the most typical non-delivery of goods.In recent years in the export business of FOB contract, some importers and freight forwarding designated complicit take no single delivery, the Chinese export enterprises payment of two blank. Currently, in addition to a number of international high-profile international freight forwarding, most overseas freight forwarding qualification is difficult to research. Unscrupulous traders in collusion with foreign freight forwarding, mostly based on a small amount of orders trial a few votes, so that people feel the settlement safe shipment, and then a larger amount of orders cheat fees. The key problem here is that only provide freight bill of lading to the seller for settlement purposes, it is not a document of title, the real property certificate. Master bill of lading shipping company in the hands of freight forwarding, freight forwarding, shipping bill of lading with the goods extracted, the buyer is not a single bank foreclosure, the seller goods, a single two empty.With the global economic development, foreign trade has become an important part of national economies in foreign trade transactions. We used different trade terms to complete the transaction, through years of development, FOB Incoterm called national trade in the most commonly used trade terms but there is no perfect way to trade in recent years.With trade terms FOB exports in foreign trade business, trade term is directly related to the choice of the vital interests of buyers and sellers, FOB trading business is often used in trade terms, but the use of the term FOB States may bring some risks so that enterprises suffered losses generally reflect a slight upward trend in case.So I learned from this perspective, the seller under FOB face on several common risks and how to avoid the in-depth research.And according to South Korea 《commercial Haifa》 and 《Rotterdam Rules>》 had a legal mechanism analysis, and trade in the FOB seller enterprises how to maximize risk-averse suggested. The structure of this paper is as follows:Firstly, An overview of the basic concepts of paper, the basic characteristics of basic issues.The second chapter, describes the conditions under FOB seller as the shipper problems or risks, the risks are summarized under delivery FOB, foreign exchange risk, and can not act as a NVOCC the risks and the more common maritime fraud risk, and in accordance with the above proposed measures to prevent the risk of the transaction and the seller in the FOB should pay special attention to the problem.The third chapter, mainly to South Korea "commercial Haifa" and the relevant existing international legal regime of the shipper were to do the research, and in accordance with the existing laws of the FOB seller trade risk prevention method is proposed, the final evaluation of a simple about the Korean Commercial Haifa.The fourth chapter is mainly related to the study of the ((Rotterdam Rules》 under the regime of the shipper, the shipper from regime change and rules on the role and impact of risk aversion seller played in both FOB trade discussions.Last. Conclusions. A summary of the full text of research and made the prospect of trade terms FOB, through the findings of risk and avoidance measures on trade in equity FOB seller’s conduct to maximize security, promote the development and improvement of trade terms FOB. |
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