(1) Psychological identification
In actual business, there is also a psychological warfare going on between the person who sets the trap and the person who is deceived. This requires the business personnel of the foreign trade company to grasp their own psychological activities and use their own psychology to identify or elicit the actual psychology of the other party. Because in the import and export business activities, some business personnel of foreign trade companies often have a winning mentality, a profit-driven mentality, a risk-free mentality as long as the funds are not moved, and a perfectionist mentality. These mentalities are often mastered by the person who sets the trap and uses various means to confuse the business personnel of the foreign trade company. The psychology of the person who sets the trap is generally to avoid revealing flaws, create suspense, express oneself, put the wrong person on the wrong person, transplant flowers and trees, and forge oneself.
When identifying, the business personnel of the foreign trade company can ask whether a counter-guarantee can be provided to test the other party. If the other party expresses a different opinion, the business personnel can counter-test the other party. If the other party asks to change the L/C terms or contract terms, such as changing the payment terms, changing the contract subject, changing the import and export, changing the main terms, etc., the foreign trade company should respond in time, express its own opinions, insist on not changing, and explain the reasons why it cannot change. In this way, we can observe the other party’s reaction, which is called psychological stalemate. If the other party insists on making changes, or proposes such and such language as “if the changes are not made”, relevant measures should be taken to prevent accidents, because this attitude has told us that the other party is forcing the foreign trade company to comply. Therefore, the foreign trade company should insist on one hand, and take the initiative to prevent traps in accordance with laws and regulations on the other hand. This is called psychological delay. Under normal circumstances, through psychological stalemate and psychological delay identification, the trap setter will be exposed sooner or later.
(2) Legal identification
In order to rectify and standardize the market economic order, the state has formulated a series of import and export laws and regulations. Therefore, correctly mastering and applying these laws and regulations to standardize and identify the operation of import and export business can play a positive and effective preventive role. In export business, the relevant provisions of laws and regulations such as the “Foreign Economic Contract Law of the People’s Republic of China”, “Foreign Trade Law of the People’s Republic of China”, “Customs Law of the People’s Republic of China”, “Product Quality Law of the People’s Republic of China”, “Export Proceeds and Exchange Verification Management Measures”, “Import and Export Commodity Inspection Law of the People’s Republic of China” are used for comparison and identification, and the irregularities and risks of this export business are analyzed, and finally a decision is made whether to operate or not. In the import business, the relevant provisions of laws and regulations such as the “Foreign Economic Contract Law of the People’s Republic of China”, “Foreign Trade Law of the People’s Republic of China”, “Customs Law of the People’s Republic of China”, and “Regulations on the Verification of the Authenticity of Import Payments and Settlements” are used for comparison and identification, and the “four self-initiatives and three invisible” business is strictly prevented to prevent the use of the import business as a pretext to defraud foreign exchange.
In the import and export agency business, it is necessary to strictly compare and identify the “Interim Provisions on the Foreign Trade Agency System”, “Several Provisions on Standardizing Import and Export Agency Business”, “Foreign Exchange Administration Regulations of the People’s Republic of China” and other laws and regulations. Through the application of the above laws and regulations in practice and the procedural norms, the fraudulent means hidden by the other party can be further identified, the flaws can be discovered, and the foreign trade companies can be alerted and take relevant measures to prevent them from happening.
In the practice of import and export operations, any benefits must be obtained through the hard work and orderly competition of the enterprise. As long as we are good at learning, diligent in thinking, courageous in practice, and learn to use legal weapons and other effective means, we can effectively identify traps and prevent risks.