Bill of L stay Send In process Lose There may be several situations:

1. lost under the control of exporters

2. the exporter will send the documents to the issuing bank and lose the issuing bank.

3. the issuing bank's delivery documents are lost after delivery.

4. delivery company lost after negotiation service.

5. the loss of the negotiating bank after the consignee has been delivered to the consignee.

In two cases of first and fifth, the exporters and importers should be held responsible for themselves; in the case of two cases of second and fourth, the issuing bank or the negotiating bank should be held responsible; the problem is that loss often occurs in third cases, and the postal department assumes only a limited liability under the effective postal laws.

According to the Incoterms of 2000, under the conditions of CIF, CFR and FOB, the seller must provide the shipping documents without delay to the buyer at his own expense. It is concluded that the risk of loss of documents should be borne by the seller.

The carrier ensures that the consignee guarantees the delivery without the original bill of lading, and requests the bank to provide the guarantee. Taking into account the stagnation of capital, the following measures can be taken to solve the problem.

1. inform the shipping companies and their agents in time. Under such circumstances, the shipping company and its agent have the obligation to handle cautiously, and no longer be allowed to hold the original bill of lading on the basis of the holder of the bill of lading, that is, the goods should be released, but the consignee should provide sufficient evidence to prove that the bill of lading is good. The carrier may also deposit the goods under the bill of lading by legal procedures and relieve the liability for the goods.

2. promptly apply to the court for public notice. One can ensure that the rights and interests of bills of lading are not infringed; two, it can solve the problem of long-term stagnation of deposits. Because once the court decides to accept the public notice, the transfer of the right of the bill is invalid. The legal cost of public summons is relatively low. The expiry date (usually 60 days) can be applied to the court to make a decision of invalidation.

3. generally speaking, the loss of documents will not affect the port of loading because the consignee is obliged to accept the goods and can not refuse to discharge the goods accordingly. The carrier can not refuse to discharge the goods on the grounds that the consignee has no original bill of lading, though it has the right to refuse to release the goods.

4. if a letter of guarantee is specific and comprehensive, a bank's letter of guarantee is generally not risky. It is advisable to ask a legal adviser to check on a large letter of guarantee, because there are many precedents for invalidation of bank bonds.