Analysis on the sources and risks of releasing goods without a bill

The formation of the phenomenon of releasing goods without a bill in international trade is closely related to the operation, especially when trading using FOB prices. Free on board price (FOB) is a commonly used term in international trade. It refers to all costs from the port of departure to the destination, including transportation and insurance, which are borne by the buyer. Its sales price does not include these costs. In this transaction, the buyer is responsible for arranging logistics and the seller loading the goods onto the designated vessel within the time stipulated in the contract.

In the FOB transaction model, the buyer usually designates the carrier, that is, the freight forwarder. As a result, the freight forwarder is usually directly affected and controlled by the buyer in its operations. Because of this, freight forwarders may form a tacit understanding with buyers in actual operations, leading to the phenomenon of goods being released without a bill of lading.

In FOB transactions, there are usually two types of bills of lading: shipowner’s bill and freight forwarder’s bill. The freight forwarder books space from the shipping company in its own name and obtains the shipowner’s bill, while domestic exporters obtain the bill of lading issued by the freight forwarder. When handling goods, the freight forwarder sends the shipowner’s bill directly to the foreign agent, who picks up the goods. This may cause a problem: when the foreign freight forwarder delivers the goods to the actual consignee, whether the freight forwarding bill is required to be withdrawn will affect the legal effect of the bill of lading. If the foreign freight forwarder does not require the original bill of lading to be taken back, the bill of lading in the hands of the shipper may be regarded as waste paper, thereby creating the risk of releasing the goods without a bill of lading.

To sum up, understanding the reasons for releasing goods without a bill of lading and its potential legal risks is of great practical significance to relevant parties involved in international trade. Risk management and control on the phenomenon of releasing goods without a bill of lading is very important.