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信用证欺诈现象的日益猖獗,对贸易当事人以及信用证制度本身都造成了极大的危害。我国加入WTO后,与世界各国间的经济贸易日益频繁。信用证支付方式以银行信誉代替商业信用,为卖方提供了较好的收汇保障,在国际结算中显示出其独有的优越地位。但与之相伴而来的则是因为信用证自身运行机制的缺陷而导致的信用证欺诈现象的日益猖獗,对贸易当事人以及信用证制度本身都造成了极大的危害。案情简介2011年8月,W公司向香港B公司进口价格为USD947430.00的镍矿,90%以即期信用证方式结算,10%余款根据在卸货港CIQ或CCIQ出具的重量及品质检验报告结果最终以电汇方式结算。该批镍矿石由印度尼西亚的矿主S提供。A省
The increasingly rampant fraud in letters of credit has caused tremendous damage to the parties involved in trading as well as to the credit system itself. After China’s accession to the WTO, the economy and trade with other countries in the world have become increasingly frequent. The letter of credit payment method replaces commercial credit with bank credit, which provides the seller with better income protection and shows its unique superiority in international settlement. However, accompanied by the credit card because of its own operating mechanism defects caused by the increasingly rampant credit fraud, trade parties and the credit system itself has caused great harm. Case Summary In August 2011, W Company imported nickel ore at a price of USD947430.00 to Hong Kong Company B, 90% of which was settled by sight letter of credit and the remaining 10% was calculated on the basis of the weight and quality inspection issued at the port of discharge CIQ or CCIQ The final result of the report is settled by telegraphic transfer. The batch of nickel ore was provided by Indonesian mine owner S. A province