World Credit Organization [WCO] Member Supervision Standard

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World Credit Organization [WCO] Member Supervision Standard

(Version: ICE8000-057-20050306--20180926-19) 
(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 properly perform its supervisory responsibilities to its members, 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 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.

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 members by the World Credit Organization [WCO].

For non-members who have left the meeting for various reasons, this standard is also applicable to the supervision of disputes arising from their actions during their membership. In this case, the non-member is deemed to be a member.

1.6 The supervision of members follows the principles of openness, fairness, impartiality, objectivity, decentralization and passiveness.

1.7 The power of investigation and complaint against members suspected of violations belongs to the president and its authorized administrative departments and administrative personnel, and the independent investigation organization and whistle-blower set up by the council.

The right to decide on a member’s alleged violation is an international moral court.

1.8 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.

1.9 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 Investigation and Investigation Team

2.1 For the real name report, the World Credit Organization [WCO] Credit Management Department shall file a case and establish an investigation team within 7 days to be responsible for the investigation of the case. However, if the whistleblower requests to investigate by himself, he may not investigate the case.

For anonymous reports, if the report materials are detailed, an investigation team should be set up within 7 days to be responsible for the investigation of the case. If it is deemed that the investigation should not be initiated, the reason should be explained to the whistle-blower, and the whistle-blower should investigate it on his own.

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 three 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].

2.2 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.

2.3 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 The respondent should provide relevant evidence and explanatory materials according to the written request of the investigation team. Otherwise, there will be violations.

3.2 Other members who are related to the violation or who are informed or ought to be informed shall provide relevant evidence and explanatory materials in accordance with the written request of the investigation team.

3.3 The investigation team has the right to conduct investigations by means of secret investigations and notification investigations. When using the notification survey method, the investigator shall present the international credit license and the investigation notice signed by the World Credit Organization [WCO] to the member on their own initiative. Otherwise, the member has the right to refuse the investigation.

3.4 The investigation team has the right to conduct on-site investigations on the members' production and business activities, or entrust relevant units and individuals to inspect or identify the products.

3.5 The investigation team may hold a hearing if it deems it necessary.

3.6 The Whistleblower shall, if it is required to do so, have the right to request the World Credit Organization [WCO] to provide necessary support. After receiving the above request from the whistle-blower, the World Credit Organization [WCO] should reply within 7 days, and without a legitimate cause, the request of the whistleblower cannot be rejected.

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 Members' violations will not only damage the rights and interests of the parties concerned, but also damage the credibility of the ICE8000 standard and the brand value of the World Credit Organization [WCO]. Therefore, the World Credit Organization [WCO] is also one of the infringers, world credit. The organization [WCO] also has the right to claim compensation as an infringer.

4.4 The investigation team or the whistleblower's complaint request may include, but is not limited to, the following requests: prohibition of business, announcement of criticism, cancellation of credit card, and punishment for compensation.

4.5 The Whistleblower has the right to write the Complaints on his own and directly to the International Court of Ethics. The Whistleblower also has the right to write the "Appeal" on behalf of the World Credit Organization [WCO] in the capacity of the World Credit Organization [WCO] Complaint Representative, and directly to the International Moral Court.

4.6 50% of the disciplinary claims received by the World Credit Organization [WCO] and other infringers or the corresponding proportions agreed in the settlement agreement shall be paid as a reward to the whistleblower.

4.7 For the whistleblower of the small case, if the amount of the award is small, the relevant expenses of the whistleblower cannot be compensated. The International Moral Court has the power to rule on defaulting members and pay the whistleblower a high amount of creditor fees, attorney fees or investigation fees.

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/57.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].