ICE8000 Credit Supervision Standard

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ICE8000 International Credit Standard System 
Credit Supervision Standard

(Version: ICE8000-091-20080915-20141205-12) 
(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 urge untrustworthy defaulters to correct their untrustworthiness or fulfill their commitments, promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization [WCO] has established this standard in accordance with international practices and internationally accepted legal principles.

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 credit supervision referred to in this standard refers to the use of credit threats or credit penalties to urge untrustworthy defaulters to correct their breach of trust.

The breach of trust referred to in this standard refers to acts of dishonesty or breach of contract.

The term "untrusted breach of contract" as used in this standard refers to the unit or individual who commits a dishonesty or breach of contract.

The ICE8000 credit institution referred to in this standard, also known as the ICE8000 international credit institution or the World Credit Organization [WCO] member credit institution, refers to the requirements of the ICE8000 international credit standard system in terms of knowledge structure, work ability and professional ethics, and is awarded the World Credit Organization. [WCO] certification, in the credit evaluation and other credit practice work have the right and obligation to comply with the ICE8000 international credit standard system standards, to prevent their own abuse of credit evaluation and other rights or damage to the legitimate rights and interests of other types of credit companies and other credit practitioners. The ICE8000 credit institution is a member unit of the World Credit Organization [WCO], not a branch, representative office, agency or subordinate organization of the World Credit Organization [WCO]. According to the business scope of ICE8000 credit institutions, ICE8000 credit institutions can also be called ICE8000 credit reporting agencies, ICE8000 Lixin institutions, ICE8000 training institutions, and ICE8000 management consulting organizations.

1.5 Credit urges work and follows the principles of honesty, legality, rationality, mutual assistance, independence and neutrality.

1.6 This standard is applicable to the ICE8000 credit institution to carry out credit supervision work. Other units that carry out credit supervision work may refer to this standard.

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 Credit Supervision Procedure

2.1 The general procedures for credit supervision are as follows:

(1) Application. The parties filed an application for credit supervision with the ICE8000 credit institution and provided relevant evidence.

(2) Review. The ICE8000 credit institution reviews the application materials, requests the right and the evidence is sufficient, and agrees to accept the entrustment. Otherwise, the entrustment is not accepted and the reasons are given.

(3) Sign the contract. Sign a service contract with the applicant and sign the power of attorney by the applicant.

(4) Correctly produce the “Credit Supervisory Letter”, correctly determine the warning clause according to law, and caution that the terms and conditions must not contradict the laws of the host country and the ICE8000 international credit standard system standards.

The Credit Supervisory Letter should also meet the following formal requirements:

A. The title should be *** (ICE8000 Credit Agency) letter of credit for *** (in special cases, the title can be changed).

B, the facts are clear, objective and comprehensive, and the writing is smooth

C. There must be no insulting language or subjective language.

D. There must be no illegal language.

(5) The “Credit Supervisory Letter” will be filed with the World Credit Organization [WCO], and the record number, verification password and verification website will be written into the “Credit Supervision Letter” after filing.

(6) Delivered the Letter of Credit Supervision.

(7) The breach of trust defaulter has the right to object to the contents of the Credit Supervisory Letter within a reasonable period of time. Otherwise, there is no objection. If the defaulting person fails to raise an objection, the international credit practitioner shall listen carefully and review it and give feedback to the client. The evidence and reason for the objection can fully prove that the fact that the breach of trust is not present, and the collection procedure is terminated. International credit practitioners may issue credit professional opinions based on the statements of the principal and the defaulter, relevant evidence, reasons, laws, ICE8000 standards, and practices.

(8) If the breach of trust is required to correct the act in accordance with the “Credit Supervisory Letter”, the letter will be deleted after the correction date is added to the original “Credit Supervisory Letter”, and a letter will be sent back to the defaulting defaulter. If the breach of trust is not fulfilled in accordance with the requirements of the Credit Supervisory Letter but agrees to mediate in accordance with the ICE8000 International Credit Standards System International Credit Dispute Mediation Standard, the ICE8000 credit institution shall, after obtaining the consent of the principal, file a dispute mediation procedure. If the breach of trust does not comply with the requirements of the "Credit Supervisory Letter" and does not raise the right cause, and does not agree to the dispute mediation procedure or unreasonably refuses reasonable request, it shall be punished according to the warning clause in the letter.

(9) Issue a written closing report and closing application to the client.

(10) The client gives an opinion on the quality of service. If the client agrees to close the case, the case will be closed.

2.2 The time limit for the ICE8000 credit institution to give the breach of trust to the defaulter shall not be less than 7 days, which shall be calculated from the date of delivery of the supervisory letter and/or relevant documents.

In order to be able to identify the credit information and the evidence submitted by the client fairly, fairly and objectively, the ICE8000 credit institution has the right to request the breach of trust to provide a written objection on the principle of fairness, and also to claim the default of the ICE8000 international credit standard system. The Credit Information Reimbursement Standard submits objection information.

If the defaulting person loses the right of dissent, the ICE8000 credit institution should carefully review and identify the relevant credit information and the evidence submitted by the client to ensure the fairness, impartiality and objectivity of the relevant practice and credit information.

2.3 In order to be able to handle credit disputes fairly and fairly, the ICE8000 credit institution has the right to request the breach of trust or the principal to perform its burden of proof. If the relevant parties believe that the burden of proof assigned by the ICE8000 credit institution is illegal or unreasonable, it may refuse, but Explain the reasons for rejection.

If the principal or the defaulter refuses to give evidence, the ICE8000 credit institution should carefully review and identify relevant credit information and evidence to maximize the fairness, impartiality and objectivity of the relevant practice and credit information.

2.4 If the defaulting agent fails to correct the case without any due cause, the ICE8000 credit institution shall carry out unswerving and continuous credit punishment. Without proper cause, ICE8000 credit institutions may not revoke credits and penalties.

2.5 In the credit supervision procedure, if the breach of trust or the relevant party appears to be unfair, such as untrustworthy behavior, untrustworthy related behavior, and evil behavior other than the breach of trust, the ICE8000 credit institution shall conduct credit punishment according to the actual situation.

2.6 For those who cannot contact or refuse to sign the letter, the ICE8000 credit institution may advertise the relevant letter or publicly solicit or publicly disclose the relevant credit information.

2.7 With the consent of the client, the ICE8000 credit institution may delegate the collection business to other ICE8000 credit institutions, and the industry self-discipline responsibility after the entrustment shall be borne by the entrusted ICE8000 credit institution, and the entrusting party and the trustee shall jointly bear the joint responsibility with the entrusting party. Legal responsibility.

2.8 The practice documents issued by the ICE8000 credit institution shall be filed with the World Credit Organization [WCO], and the record number, verification password and verification website shall be written into the practice document after the record is filed.

2.9 The ICE8000 credit institution shall perform due diligence on the work of the World Credit Organization [WCO] in a timely manner. When doing due diligence, you should declare a conscience vow clause to ensure that you follow the integrity principle, the moral bottom line, and the social responsibility bottom line for registration.

2.10 The ICE8000 credit institution shall guarantee the legality and rationality of its work and behavior. If it violates laws, regulations, ICE8000 standards or other faults, it shall independently bear the corresponding legal and credit responsibilities, and has nothing to do with the client.

2.11 The principal has the right to inquire about the due diligence registration of ICE8000 credit institutions and international credit practitioners.

2.12 The principal shall not maliciously collude with the breach of trust or the relevant party, or maliciously evade the commission that should be paid by other means.

2.13 The act of dishonest breach of the reasonable action of the ICE8000 credit institution shall be regarded as an independent and honest act, and shall be officially praised in accordance with the “ICE8000 Official Recognition Standard”.

Chapter III Propagation and Use of Credit Supervision Letters

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

(1) Letter of credit supervision during the objection period.

After the credit supervision letter is filed and before the end of the objection settlement period, it is a credit reminder letter during the opposition settlement period. This type of information is top secret information and is only available to information parties (or their authorized units or individuals), World Credit Organization [WCO], and ICE8000 credit institutions.

(2) Letter of credit supervision during the dispute processing period.

If the breach of trust defaults within the effective objection settlement, if the objection is raised, the credit supervision procedure enters the dispute resolution period. This type of information is top secret information and is only available to information parties (or their authorized units or individuals), World Credit Organization [WCO], and ICE8000 credit institutions.

(3) Letter of credit supervision during the credit penalty period.

If the UNC 8000 credit institution intends to file or has filed a credit penalty procedure, it will refuse to correct it or refuse to raise an objection. If the ICE8000 credit institution intends to file or has filed a credit penalty procedure, it will be a letter of credit for the credit penalty period. Such information is confidential and can only be accessed by the information subject (or its authorized unit or individual), [associated with the organization], or by the unit or individual authorized by the ICE8000 credit institution.

3.2 The referee of the credit supervision letter shall make the following commitments and guarantees, and attach the conscience oath clause:

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

(2) Commit to abide by the principle of good faith, the moral bottom line, and the social responsibility bottom line to use credit information to ensure that the information is not used for illegal purposes or for attempting to damage the legitimate rights and interests of the information subject;

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

(4) 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.

3.3 No unit or individual may consult or disseminate a credit reminder letter by illegal means or by improper means.

The unit or individual reading the credit supervision letter shall not use the information of the credit supervision letter for illegal purposes, nor shall it be used for attempts and matters that damage the legitimate rights and interests of the information subject.

The credit supervision letter shall not be used as evidence of litigation, administrative punishment or related activities without the written permission of the party in the letter of credit supervision, except for units or individuals directly related to the content of the information.

Chapter IV Liability for breach of contract and method of investigation

4.1 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.

4.2 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.

4.3 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.

4.4 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.

4.5 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.

4.6 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 relatively 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 V Supplementary Provisions

5.1 This standard is implemented as of the date of promulgation.

5.2 All relevant materials such as the Credit Supervisory Letter may be sent to the untrusted defaulter and/or its agent by registered mail or by express mail, fax, telex, electronic network or other means deemed appropriate by the World Credit Organization [WCO]. people.

Any written communication sent to the untrustworthy defaulter and/or its agent shall be deemed to have been served if it is submitted to the addressee in person or to the addressee's place of business, habitual residence or correspondence address.

For those who are unable to contact or refuse to sign the letter, the breach of trust, the person responsible for malicious dishonesty, etc., may use the network announcement method to deliver the relevant materials according to the "ICE8000 International Credit Standard System Document Announcement Delivery Standard". If it is delivered by the network announcement party, it will be served on the 60th day after the first publication of the delivery announcement.

5.3 The terms involved in this standard, if their meaning is not agreed in this standard, the meaning of which is described in the “International Credit Industry Terminology of ICE8000 International Credit Standard System”.

5.4 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.

5.5 If all parties concerned 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.

5.6 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/91.html .

5.7 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.

5.8 The version number of this standard 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, 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.

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