Misunderstanding and New Solution of Brazil's Delivery of Goods without Bill of Lading
- Author:Alvin
- Source:HKSG-GRUP
- Release Date:2018-10-18
Misunderstanding and New Solution of Brazil's Delivery of Goods without Bill of Lading
Peers who are doing South American goods may often receive questions from customers about whether they will be released without goods after the goods are exported to Brazil. “Brazil has no single delivery” seems to have become the industry consensus.
Misreading
In fact, this is a misunderstanding. The statement “Brazil has no delivery” has been derived from the implementation of the 1.356 decree by the Brazilian Ministry of Finance on May 6, 2013, which amended some of the provisions of Decree No. 680 of October 2, 2006, in particular After the customs clearance is completed, the importer can pick up the goods without the original bill of lading. As the Brazilian Customs implements the procedure of picking up the goods after customs clearance, the original 680 order requires the importer or freight forwarder to provide the customs with the original bill of lading, original invoice, packing list and other documents in the customs clearance process. After the introduction of the New Deal, the importer (consignee) or freight forwarder needs to get the original bill of lading, go to the shipping company to change the order and go to the customs for customs clearance. After the customs clearance is completed, the customs clearance will be used to release the goods, no need to present the original bill of lading. Customs has only used taxation supervision and does not interfere with normal and legal delivery of property rights.
Under normal circumstances, the goods exported to Brazil still need to cooperate with the destination agent to complete the procedure for the consignee to redeem the bill of lading. In practice, many “no bill of lading” often occurs when the consignee goes to the destination port to change orders. In collusion with the destination port cargo agent, the port agent assists the shipper to obtain the shipping company's bill of lading when the shipper does not show the house-bill of lading, and then applies to the customs for the import procedure.
case study
The domestic freight forwarding company accepts the entrustment of the domestic shipper and transports a batch of goods from the domestic port to the port of discharge in Santos, Brazil. The consignee is a Brazilian enterprise. The freight forwarding company issues a non-vessel carrier bill of lading, and the goods are shipped by the actual carrier and delivered to the port of destination. After the goods arrive in Hong Kong, the carrier will discharge the goods to the terminal operator. The website of the terminal operator indicates that the goods have been received by the terminal operator.
After the goods were unloaded for 6 months, the domestic shipper did not receive the payment from the Brazilian buyer, and the original non-vessel carrier bill of lading requested the freight forwarding company to deliver the goods, and said that the container was transferred as the case involved, and the freight forwarding company was required to act as the carrier to bear the goods. responsibility.
doubt
1) Whether the goods involved have been released without goods;
2) Whether the freight forwarding company should bear the responsibility of no delivery of goods.
Since the domestic shipper provided the container turnover record, the record shows that the container carrying the goods involved has been returned to the empty container several days after being delivered to the port of destination and used for the transportation of goods of other voyages. Therefore, the plaintiff has already proved that the goods involved have been Single delivery.
Regarding whether the freight forwarding company should bear the responsibility for the delivery of goods without bill of lading, the shipper considers that it is the holder of the original bill of lading, and has the right to issue a claim to the freight forwarder of the bill of lading, and the freight forwarding company shall bear the responsibility for the delivery of the goods. However, the freight forwarding company proposed that, in accordance with the local laws of the Brazilian port, the carrier must deliver the goods to the port operator. Therefore, it is considered that the local special regulations of Brazil should be applied to the carrier to
Peers who are doing South American goods may often receive questions from customers about whether they will be released without goods after the goods are exported to Brazil. “Brazil has no single delivery” seems to have become the industry consensus.
Misreading
In fact, this is a misunderstanding. The statement “Brazil has no delivery” has been derived from the implementation of the 1.356 decree by the Brazilian Ministry of Finance on May 6, 2013, which amended some of the provisions of Decree No. 680 of October 2, 2006, in particular After the customs clearance is completed, the importer can pick up the goods without the original bill of lading. As the Brazilian Customs implements the procedure of picking up the goods after customs clearance, the original 680 order requires the importer or freight forwarder to provide the customs with the original bill of lading, original invoice, packing list and other documents in the customs clearance process. After the introduction of the New Deal, the importer (consignee) or freight forwarder needs to get the original bill of lading, go to the shipping company to change the order and go to the customs for customs clearance. After the customs clearance is completed, the customs clearance will be used to release the goods, no need to present the original bill of lading. Customs has only used taxation supervision and does not interfere with normal and legal delivery of property rights.
Under normal circumstances, the goods exported to Brazil still need to cooperate with the destination agent to complete the procedure for the consignee to redeem the bill of lading. In practice, many “no bill of lading” often occurs when the consignee goes to the destination port to change orders. In collusion with the destination port cargo agent, the port agent assists the shipper to obtain the shipping company's bill of lading when the shipper does not show the house-bill of lading, and then applies to the customs for the import procedure.
case study
The domestic freight forwarding company accepts the entrustment of the domestic shipper and transports a batch of goods from the domestic port to the port of discharge in Santos, Brazil. The consignee is a Brazilian enterprise. The freight forwarding company issues a non-vessel carrier bill of lading, and the goods are shipped by the actual carrier and delivered to the port of destination. After the goods arrive in Hong Kong, the carrier will discharge the goods to the terminal operator. The website of the terminal operator indicates that the goods have been received by the terminal operator.
After the goods were unloaded for 6 months, the domestic shipper did not receive the payment from the Brazilian buyer, and the original non-vessel carrier bill of lading requested the freight forwarding company to deliver the goods, and said that the container was transferred as the case involved, and the freight forwarding company was required to act as the carrier to bear the goods. responsibility.
doubt
1) Whether the goods involved have been released without goods;
2) Whether the freight forwarding company should bear the responsibility of no delivery of goods.
Since the domestic shipper provided the container turnover record, the record shows that the container carrying the goods involved has been returned to the empty container several days after being delivered to the port of destination and used for the transportation of goods of other voyages. Therefore, the plaintiff has already proved that the goods involved have been Single delivery.
Regarding whether the freight forwarding company should bear the responsibility for the delivery of goods without bill of lading, the shipper considers that it is the holder of the original bill of lading, and has the right to issue a claim to the freight forwarder of the bill of lading, and the freight forwarding company shall bear the responsibility for the delivery of the goods. However, the freight forwarding company proposed that, in accordance with the local laws of the Brazilian port, the carrier must deliver the goods to the port operator. Therefore, it is considered that the local special regulations of Brazil should be applied to the carrier to