ICE8000 credit warning standard

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ICE8000 international credit standard system 
credit warning standard

(Version: ICE8000-047-20050301-20160710-26) 
(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 disseminate warning credit information quickly and in a standardized manner, in order to promote the reform of the parties, promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization [WCO] develops this standard in accordance with internationally accepted legal principles and 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 management of credit warning information applies to this standard.

1.5 Only the International Credit Arbitration Commission and the International Moral Court have the right to issue credit warning information. Other departments of the World Credit Organization [WCO] or ICE8000 credit institutions have no right to issue credit warning information. Prior to July 1, 2016, the credit warning information issued by the ICE8000 credit institution was all turned into public complaint information.

1.6 The management of credit warning information follows the principles of integrity, openness, fairness and impartiality.

1.7 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.

1.8 All parties to this standard are deemed to have fully understood and committed to comply with all the terms 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.

Chapter II Release of Credit Warning Information

2.1 If the relevant responsible person refuses to perform the judgment or ruling of the International Credit Arbitration Commission and the International Moral Court, the relevant parties may apply for the issuance of the credit warning information. After receiving the application, the International Credit Arbitration Commission and the International Moral Court shall issue credit warning information.

2.2 Before the credit warning information comes into effect, the International Credit Arbitration Commission and the International Moral Court shall serve the credit warning person once and give them an opportunity to object and correct. If the delivery is unsuccessful, the objection correction period will no longer be given.

Chapter III Objection, Correction, Supplement, Correction, and Reply of Credit Warning Information

3.1 In order to show that the credit warning person will not arbitrarily blame others for the breach of trust, the credit warning person should notify the relevant credit owner after receiving the “Credit Alert” and other materials; if there is more than one credit warning person, he will receive The credit warning person of the Credit Warning Book shall be notified to each other. If the notice or notice is not available, it should promptly give feedback to the credit warning person.

3.2 Within 7 working days after the credit warning person or relevant credit owner receives the "Credit Alert" and other materials, it is the opposition correction period. During the period of opposition reconciliation, the credit warning person may correct the relevant behavior or make a reasonable explanation. Otherwise, the information will take effect.

If the credit warning person or the relevant credit owner is unable to exercise the right of dissent due to due cause, he may apply to the credit warning person for a reasonable extension, but shall bear the obligation and the burden of proof and/or the burden of proof for the legitimacy and authenticity of the relevant cause. .

3.3 Relevant parties and information readers have the right to add objections, supplements, corrections, and replies to the credit warning information in accordance with the ICE8000 International Credit Standard System Credit Information Adding Standard. If the party concerned exercises the right of dissent, it shall bear the corresponding consequences.

3.4 The credit warning person shall make an effort to serve the documents such as the “Credit Alert”. However, due to the failure to actually read the "Credit Alert" and other documents due to reasons such as the credit pre-police rejection document, it does not affect the progress of the credit warning procedure and the entry of the credit warning information, and the corresponding adverse consequences are also borne by the company itself. .

Chapter IV Propagation and Use of Credit Warning Information

4.1 After the credit warning information is filed with the World Credit Organization [WCO], the scope of dissemination is classified and determined according to the following conditions:

(1) Credit warning information during the draft period.

After the credit warning information is filed and before the information is reinforced, it belongs to [credit warning information in the draft period]. This type of information is top secret information and may not be publicly distributed. It is only for credit warning persons (or their authorized units and individuals), World Credit Organization [WCO], and ICE8000 credit institutions.

(2) Credit warning information during the opposition correction period.

After the information is hardened until the information takes effect, it belongs to [credit warning information during the opposition correction period]. Such information is confidential and may not be publicly transmitted. It is only for credit warning persons (or their authorized units or individuals), by credit warning persons (or their authorized units and individuals), and [established organizations].

(3) Credit warning information that has been in force.

The credit warning information that has not been corrected by the credit warning person during the opposition correction period and has not made a reasonable explanation belongs to [the credit warning information that has been in force]. This type of information is public information and is open to the public through the Internet.

4.2 For credit warning information, the referee shall make the following commitments and guarantees, and attach the conscience vow clause:

(1) Promises to read the applicable standards of this information and promise to abide by the standard;

(2) Ensure that you are in compliance with the scope of this information and have the right to read this information;

(3) Commit to the principle of good faith, moral bottom line, and social responsibility bottom line to use this information to ensure that this information is not used for improper purposes;

(4) For confidential information, promise to keep the information confidential and ensure that it is not transmitted to units or individuals who do not have the right to read this information;

(5) If you violate the above commitments and guarantees, you are willing to bear the corresponding liability for breach of contract according to the ICE8000 international credit standard system.

4.3 No one may obtain, consult or disseminate credit warning information by illegal means or by improper means.

No one may use credit warning information for improper purposes.

The credit warning information shall not be used as evidence of litigation, administrative punishment or related activities without the written permission of the party with the credit warning information, except for units or individuals directly related to the content of the information, except for those who exercise uneasy resistance to discrimination.

4.4 Reading and disseminating credit warning information, attention should be paid to objection information, supplementary information, correction information, reply information, etc. Objection information, supplementary information, correction information, replies, etc., although dynamic, are part of the credit warning information and should not be interpreted or taken out of context.

4.5 The credit warning information that is in force can generally be regarded as a sign that the credit warning person has a bad business reputation or loses business reputation. Therefore, the referee of the credit warning information may use the valid credit warning information as evidence that it is unsafe and discriminate against the credit warning person and the relevant credit owner.

Chapter V Deletion of Credit Warning Information

5.1 After the issuance of the credit warning information, the credit warning person, the ICE8000 credit institution, and the World Credit Organization [WCO] have no right to delete unless one of the following conditions exists:

(1) Being corrected by the credit alerter;

(2) Deleting the credit warning information by the International Credit Dispute Arbitration Commission or the International Moral Court;

(3) The credit responsibility of the credit warning person has been pardoned, and the relevant confession of the ICE8000 International Credit Standard System Credit Relief Standard is issued;

(4) The relevant court or relevant agency decides to delete the credit information, and the World Credit Organization [WCO] reviewed that the ruling does not violate the universal universal value principle.

5.2 After the credit warning information is deleted, the objection information, supplementary information, correction information, and reply information related to it are deleted from the information at the same time.

Chapter VI Liability for breach of contract and method of investigation

6.1 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.

6.2 Method of investigation of liability for breach of contract:

(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.

6.3 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.

6.4 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.

6.5 For the 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.

6.6 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 VII Supplementary Provisions

7.1 The methods of “delivery” and “notice” as mentioned in this standard include:

(1) Integrity letter delivery\notice. The sender/notifier can send a letter of integrity to the recipient/notice according to the “ICE8000 International Credit Standard System Integrity Letter Management Standard”. The time of receipt of the document as specified in the standard is the delivery/notification time.

(2) Regular letter delivery\notice. The sender/notifier may send a regular letter to the recipient/notifier, and the time of receipt of the letter by the person to be served, the person to be notified and his/her employee, adult family member or agent shall be the time of delivery/notification.

(3) Network announcement delivery\notification. If the sender/notifier cannot be served by letter, the right to use the ICE8000 International Credit Standard System Document Announcement Delivery Standard shall be served by the network announcement method. If the delivery/notification is made by means of network announcement, the delivery/notification time will be the 60th day after the first publication of the delivery announcement.

(4) Other legal and reasonable delivery/notification methods.

7.2 This standard shall be implemented as of the date of promulgation.

7.3 The terminology involved in this standard, if its meaning is not agreed in this standard, its meaning is described in the "ICE8000 International Credit Standard System International Credit Industry Terminology".

7.4 All kinds of materials submitted by relevant parties to the World Credit Organization [WCO] (or ICE8000 Credit Agency) in accordance with this standard shall be listed in the ICE8000 International Credit Standards System Document Copyright Management Standard.

7.5 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.

7.6 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/47.html

7.7 The copyright of this standard belongs to the World Credit Organization [WCO], members can use it for free and unlimited use; non-members can use it free of charge for 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.

7.8 The standard version number is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard is one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, 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.

7.9 This standard is interpreted by the World Credit Organization [WCO].