World Credit Organization (WCO) Non-Members Supervision Standard
World Credit Organization (WCO) Non-Members Supervision Standard
(Version: ICE8000-150-20060302-20180926-18)(This standard) Writer: Fang Bangjian ; proposer: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution
Chapter I General Provisions
1.1 In order to exert the power of social supervision, maintain the social moral foundation, promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization (WCO) has established this standard in accordance with internationally accepted legal principles and international practices.
1.2 The main legal basis for the development, application and implementation of this standard is as follows:
(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.
(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.
(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.
(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.
1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization (WCO) in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization (WCO).
1.4 The violations referred to in this standard refer to violations of the ICE8000 international credit standard system standards, generally including: untrustworthy behavior, violation of moral bottom line behavior, violation of social responsibility bottom line behavior.
Non-members referred to in this standard refer to units, individuals or regions other than members of the World Credit Organization (WCO).
The term "whistleblower" as used in this standard refers to a person who discovers a violation and reports it to the World Credit Organization (WCO) and/or the media. The whistleblower can be the infringer of the violation, the employee of the breaching unit, the participant of the violation, or anyone who has no relationship with the violation.
1.5 This standard is applicable to the supervision of non-members.
1.6 The supervision of non-members follows the principles of openness, fairness, impartiality, objectivity, decentralization, and active but cautious.
1.7 The right to investigate and complain about non-members' alleged violations belongs to the president and its authorized administrative departments and administrative personnel, the independent independent investigation organization and the whistle-blower.
The right to decide on a non-member suspected violation is an international moral court.
1.8 The investigation, investigation, trial and other supervision work of violations belong to the procedure of using justice to maintain the public order and good customs; the judgment of the International Moral Court belongs to its subjective remarks based on objective facts. Therefore, regardless of whether [non-members] are committed to complying with a certain standard in the ICE8000 international credit standard system, it does not affect the investigation, investigation, trial, ruling and other supervision work described in this standard.
1.9 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.
1.10 All parties to this standard are deemed to have fully understood and committed to comply with all the provisions of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization (WCO). Terms and conditions.
The second chapter investigates the filing and funding guarantee
2.1 The conditions for filing are as follows:
(1) have a clear whistle;
(2) There is sufficient funding guarantee.
2.2 People can also donate project funds for the investigation of a case. The balance of the project funds is allocated to the International Integrity Fund for investigation of other cases.
2.3 Filing procedures:
(1) The whistleblower submits an application for filing;
(2) The World Credit Organization (WCO) examines whether it meets the conditions for filing, and if it does not, it should explain the reasons to the applicant.
2.4 The World Credit Organization (WCO) Credit Management Department shall, after receiving a report from the whistle-blower, establish an investigation team to investigate the case if it considers that it meets the conditions for filing.
The World Credit Organization (WCO) Council has the power to establish an independent investigation team or an independent investigation committee or an independent investigator in accordance with the relevant provisions of the charter.
The investigation team, independent investigation team, independent investigation committee and independent investigator mentioned in the above two paragraphs are collectively referred to as the investigation team.
When members of the investigation team have a stake in the respondent or other relationships that may affect the investigation, they should apply for withdrawal. The respondents and other international credit practitioners also have the right to ask the members of the investigation team to evade and explain the reasons for avoidance. Whether to avoid it, it is decided by the director of the Credit Management Department of the World Credit Organization (WCO).
2.5 The World Credit Organization (WCO) shall, within 30 days after receiving the report from the whistle-blower, make a written reply. If the investigation has not been initiated for any reason, the reasons shall be explained.
2.6 Regardless of whether the World Credit Organization (WCO) has established an investigation team, the whistleblower has the right to conduct an investigation on its own.
2.7 If the whistleblower requires confidentiality, the World Credit Organization (WCO) shall keep it confidential. If confidentiality affects case investigations and complaints, the World Credit Organization (WCO) can negotiate with the whistleblower to reach a confidentiality agreement.
Chapter III Implementation of the investigation
3.1 Relevant and informed or sensible [legal organizations] that are related to violations shall provide relevant evidence and explanatory materials in accordance with the written request of the investigation team.
3.2 Investigations may be conducted by means of secret investigations and notification investigations.
3.3 The investigation team may entrust relevant units and individuals to identify relevant products or evidence.
3.4 The investigation team may hold a hearing if it deems it necessary.
Chapter IV Punishment, Complaint, Trial, Reward for Whistle
4.1 After the investigation is completed, if one of the following conditions for exemption is met, the case shall be closed in time and the report shall be closed publicly:
(1) The violation is obviously not present;
(2) The violations of the respondent are negligent or accidental, have no intentional plot or malicious motive, and have actively remedy and obtained the understanding of the infringed person;
(3) The respondents actively corrected the violations, signed a settlement agreement, and paid penalties for compensation according to the agreement.
4.2 After the investigation is over, if the conditions for exemption are not met, the grand jury decides whether to file a complaint with the International Moral Court. The composition of the grand jury is conducted in accordance with the common law principles.
4.3 The complaint request of the investigation team or the whistleblower may include, but is not limited to, the following requests: moral condemnation, boycott, etc.
4.4 The Whistleblower has the right to write the Complaints on his own and directly to the International Court of Ethics.
4.5 50% of the disciplinary claims received by the infringer or the corresponding proportions agreed in the settlement agreement shall be paid as a reward to the whistleblower.
Chapter V Liability for Breach of Contract and Method of Investigation
5.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:
(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.
(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.
(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.
(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.
5.2 Method of investigation of breach of contract liability:
(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;
(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;
(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;
(4) If the defaulter has the membership of the World Credit Organization (WCO), the parties also have the right to make a complaint in accordance with the World Credit Organization (WCO) Member Supervision Standards;
(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.
5.3 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:
(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;
(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;
(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.
5.4 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.
5.5 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.
5.6 The World Credit Organization (WCO) shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization (WCO) for the next year. If the economic compensation is large, compensation shall be made in each year.
After accepting economic compensation, the World Credit Organization (WCO) has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.
Chapter VI Supplementary Provisions
6.1 This standard shall be implemented as of the date of promulgation.
6.2 The terminology involved in this standard, if its meaning is not agreed in this standard, its meaning is as follows in the ICE8000 International Credit Standard System International Credit Industry Terminology.
6.3 All relevant parties submit various types of materials submitted to the World Credit Organization (WCO) (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.
6.4 If the relevant parties know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization (WCO) and other parties shall not be responsible for this.
6.5 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/150.html .
6.6 The copyright of this standard belongs to the World Credit Organization (WCO), members can use it for free and unlimited; non-members can use it for free, study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.
6.7 The standard version number is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard belongs to one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard set, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.
6.8 This standard is interpreted by the World Credit Organization (WCO).