Chapter 7: Cargo Transportation Insurance

1
Chapter 7 Cargo Transportation
Insurance

• ????????

2
Cargo Transportation Insurance

• International cargo transportation insurance
• Refers to the fact that the insured (????) covers
  insurance for the shipment with the insurer
  (???), i.e., the insurance company before
  shipment.

3
Cargo Transportation Insurance

• A. Perils and Losses ???????
• Perils
• Ocean Losses and expenses sustained

4
A. Perils and Losses ???????

• Perils ??
• Refer to risks which occur at sea, or at the
  place where the ocean and land, or the ocean and
  the inland river, or the ocean and the lighter
  (??) are connected.
• General perils of the sea
• Extraneous risks

5
A. Perils and Losses ???????

• General perils of the sea????
• Natural Calamities
• Fortuitous Accidents

6
A. Perils and Losses ???????

• Natural Calamities????
• Are caused by the forces resulting from the
  changes of nature, e.g., vile weather (????),
  thunder (?), lightning (??), tsunami (??),
  earthquake, flood, etc.

7
A. Perils and Losses ???????

• Fortuitous Accidents ????
• Include accidents resulting from unexpected
  causes, the carrying conveyance being grounded
  (??), stranded (??), or in collision with
  floating ice (?????) or other objects, as well as
  fire or explosion.

8
A. Perils and Losses ???????

• Extraneous Risks ????
• General Extraneous Risks??????include theft,
  fresh or rain water damage, shortage,
  leakage(??), breakage, sweating and
  heating(????), intermixture and contamination
  (??), odour (??), hook damage, breakage of
  packing, rusting (??), etc.
• Special Extraneous Risks ??????such as War,
  Strikes, Failure to Deliver, etc.

9
Perils ??
?? Perils ???? General Perils of the sea ???? Natural calamities
?? Perils ???? General Perils of the sea ???? Fortuitous accidents
?? Perils ???? Extraneous risks ?????? General extraneous risks
?? Perils ???? Extraneous risks ?????? Special extraneous risks
10
A. Perils and Losses ???????

• Ocean Losses ????, ????
• Refer to the direct or indirect losses of the
  insured subject matter during the voyage owing to
  the perils of the sea.
• Total loss
• Partial loss
• Expenses sustained (Maritime Charges)

11
Ocean Losses ????
???? Ocean Losses ????Total Loss ???? Actual Total Loss
???? Ocean Losses ????Total Loss ???? Constructive Total Loss
???? Ocean Losses ????Partial Loss ???? General Average
???? Ocean Losses ????Partial Loss ???? Particular Average
12
A. Perils and Losses ???????

• Total loss ????
• Actual Total Loss (????) The insured subject
  matter is totally and irretrievably (?????) lost.
• Constructive Total Loss (????) It is estimated
  that the actual total loss of cargo is inevitable
  or the cost of salvage (??) or recovery (??)
  could have exceeded the value of the cargo.

13
A. Perils and Losses ???????

• Partial loss ????
• General Average (????)
• Particular Average (????)

14
A. Perils and Losses ???????

• General Average (????)
• Refers to a certain special sacrifice (??) and
  extra expense intentionally incurred for the
  general interests of the ship-owner, the insurer,
  and the owners of the various cargoes aboard the
  ship.

15
General Average (????)

• Conditions of General Average
• The risk must be real and threaten the safety of
  the ship and the cargoes.
• The sacrifice of general average must be a
  willing and intentional action.
• The sacrifice of general average and the expenses
  outlaid must be reasonable.

16
General Average (????)

• Conditions of General Average
• The purpose of the sacrifice and expenses
  incurred is only restricted to the general safety
  of the vessel and cargoes.
• Losses shall be the direct result of the general
  average.
• G.A. contribution shall be made by the three
  parties in proportion to the final value saved.

17
A. Perils and Losses ???????

• Particular Average (????)
• Means that a particular cargo is damaged by any
  cause and the degree of damage does not reach a
  total loss, i.e., only a partial loss, which
  shall be borne by the owner of this individual
  consignment.

18
Ocean Losses ????
???? Ocean Losses ????Total Loss ???? Actual Total Loss
???? Ocean Losses ????Total Loss ???? Constructive Total Loss
???? Ocean Losses ????Partial Loss ???? General Average
???? Ocean Losses ????Partial Loss ???? Particular Average
19
A. Perils and Losses ???????

• Maritime Charges ????
• Sue and labour charges ????
• Salvage charges ?????

20
Maritime Charges ????

• Sue and Labour Charges ????
• When the insured cargo suffers natural calamities
  or fortuitous accidents within the scope of
  insurance cover, the insured or his agent or any
  employees pays the expenses caused in saving the
  insured cargo in order to prevent the losses from
  further expanding.
• These charges shall be covered by the insurer.

21
Maritime Charges ????

• Sue and Labour Charges ????
• ?????????????????????????????,????????????????,???
  ??????,???????????????

22
Maritime Charges ????

• Salvage Charges ????
• When the insured cargo suffers natural calamities
  or fortuitous accidents within the scope of
  insurance cover, the third party who has no
  contracted relations with the insured and the
  insurer salvages the cargo successfully.
  According to the relative laws existing in the
  world, the insurer shall pay to the salvor.
• Principle no cure no pay. (??????)

23
Maritime Charges ????

• Salvage Charges ????
• ?????????????????????????????,????????????????????
  ????, ??????,???????????????

24
Cargo Transportation Insurance

• Marine Insurance Clauses
• According to China Insurance Clauses (CIC)
  ??????
• Scope of cover
• Exclusions
• Commencement and Termination of Cover
• Duty of the insured
• Time of validity of a claim, etc.

25
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• A

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????????? ???????
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????????? ?????????
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??????,? ?????????
?????
26
Marine Insurance Clauses

• Insurance Coverage ????
• Basic risks
• Additional risks

27
Insurance Coverage
???? Basic Risks
???(FPA)
???(WPA/WA)
???(AR)
???? Additional Risks
????? General Additional Risks
????? Special additional Risks
28
Insurance Coverage

• Basic Risks????
• Also called main insurance which may be
  underwritten independently.
• Free from Particular Average (F.P.A.)
• With Particular Average (W.P.A. or W.A.)
• All Risks

29
Insurance Coverage

• Free from Particular Average (F.P.A.)???
• Total loss or constructive total loss of the
  whole consignment hereby insured caused in the
  course of transit by natural calamities, such as
  vile weather, thunder etc.
• ??????,???????????????????????

30
Insurance Coverage

• Free from Particular Average (F.P.A.)???
• Total or partial loss caused by fortuitous
  accidents, such as the carrying vessel being
  grounded, stranded, sunk, etc.
• ?????????????????????????????????????????????
  ????????????

31
Insurance Coverage

• Free from Particular Average (F.P.A.)???
• Partial loss caused by vile weather, lightning
  and/or Tsunami, etc. where the conveyance has
  been grounded, stranded, sunk or burnt,
  irrespective of whether the event or events take
  place before or after such accidents.
• ??????????????????????????,??????????????????
  ????????????????????????????????

32
Insurance Coverage

• Free from Particular Average (F.P.A.)???
• Total or partial loss consequent on falling of
  entire package or packages into sea during the
  process of loading, unloading or transshipment.
• ????????,?????????????????????????????

33
Insurance Coverage

• Free from Particular Average (F.P.A.)
• Sacrifice in and contribution to general average,
  and salvage charges resulting from the above
  mentioned accidents as well as other reasonable
  expenses in salvaging the cargoes from perils.
• ?????????????????????????????????????????????
  ?????????,???????????????????

34
Insurance Coverage

• Free from Particular Average (F.P.A.)
• Such proportion of losses sustained by the
  ship-owners as is to be reimbursed by the cargo
  owner under the contract of Affreightment Both
  to blame collision clause.
• ??????????????,??????????????????

35
Insurance Coverage

• With Particular Average (W.P.A. or W.A.)???
• It covers partial loss due to vile weather,
  lightning, tsunami, earthquake and/or flood as
  well as the risks covered under F.P.A. condition
  as mentioned above.
• ???????????????????????,???????????????????
  ?????????????????????

36
Insurance Coverage

• All Risks???
• Aside from the risks covered under the F.P.A. and
  W.A. conditions as above, this insurance also
  covers all risks of losses or damage to the
  insured goods whether partial or total, arising
  from external causes in the course of transit.
• ????????,??????????????,?????????????????????
  ???????????

37
Insurance Coverage

• Additional Risks ???
• Can not be covered independently, they shall be
  underwritten depending on one kind of the basic
  risks.
• General additional risks
• Special additional risks

38
Additional Risks

• General additional risks?????
• Theft, Pilferage and Non-delivery,
  (T.P.N.D)??,?????
• Fresh Water and/or Rain Damage ?????
• Risk of Shortage in Weight ???
• Risk of Leakage ???
• Risk of Intermixture and Contamination ??????

39
Additional Risks

• General additional risks?????
• Risk of clash breakage ??????
• Risk of Odour ???
• Sweating and Heating Risk ?????
• Hook Damage Risk ???
• Breakage of Packing Risk?????
• Risk of Rust ???

40
Additional Risks

• Special Additional Risks ?????
• Failure to Deliver Risk?????
• Import Duty Risk ?????
• On Deck Risk ???
• Rejection Risk ???
• Aflatoxin Risk ?????

41
Additional Risks

• Special Additional Risks ?????
• Survey in customs risk ?????
• Survey at jetty risk ??
• Strike, riot and civil commotion (SRCC) ???
• War Risk ???
• Contingency insurance cover sellers interest
  only ?????

42
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43
Marine Insurance Clauses

• Exclusions ????
• Refers to losses and expenses for which the
  insurance company declares clearly not to be
  responsible.
• ?????????????????

44
Marine Insurance Clauses

• Exclusions usu. Include
• Loss or damage caused by intentional act or fault
  of the insured ??????????????????
• Loss or damage due to the responsibility of the
  consignor ????????????
• Inferior quality or shortage in quantity before
  the commencement of the insurance duty
  ????????,????????????????????????

45
Marine Insurance Clauses

• Exclusions usu. Include
• Natural loss, inherent vice or nature of the
  insured goods ???????????????????????????
• Loss of the market price of the insured
  goods???????????????????
• Loss due to delay in transportation and any
  expenses arising therefrom.
  ?????????????

46
Marine Insurance Clauses

• Commencement and Termination of Insurance Duty
  ???????
• Basic Insurance ??????????
• W/W clause ?????
• Cover pre-shipment and post-shipment risks
• ?????????????????????????????????????????????
  ????,??,?????????,????????????????????????????????
  ?

47
Commencement and Termination of Insurance Duty
???????

• W/W clause ?????
• An overriding time limit of sixty days after the
  completion of discharge of the insured goods from
  the seagoing vessel at the final port of
  discharge.
• ????????????????????,?????60????

48
Commencement and Termination of Insurance Duty
???????

• Marine War Insurance ?????
• loaded on board the ship or lighter at the port
  of shipment named in the policy
  discharged at the port of destination named in
  the policy
• ?????????????????,?????????????????????????,??????
  ????????????????

49
Commencement and Termination of Insurance Duty
???????

• Marine War Insurance ?????
• If the cargoes are not discharged from the ship
  or lighter, then the time of insurance duty shall
  be limited to 15 days counting from the midnight
  of the day when the vessel arrives at the port of
  destination.
• ?????????,??????????????????15?,?????????

50
London Insurance Institute Cargo Clauses
??????????????

• Institute Cargo Clauses (ICC) ??????
• Institute Cargo Clause A ICC(A)
• Institute Cargo Clause B ICC(B)
• Institute Cargo Clause CICC(C)
• Institute War Clause-Cargo (IWCC)
• Institute Strikes Clause-Cargo (ISCC)
• Malicious Damage Clause ?????

51
Institute Cargo Clauses (ICC) ??????

• Institute Cargo Clause A ICC(A)??????A
• Method all risks except exclusions
• ??????A??????,????????????????????????

52
Institute Cargo Clauses (ICC) ??????

• Exclusions ????
• General Exclusions
• Loss or damage due to willful misconduct
  (???????) of the insured
• Natural leakage(????)of the subject matter,
  natural wear and tear (????), or wastage (????)
  of the subject matter
• Insufficient or improper packing
• Delay

53
Institute Cargo Clauses (ICC) ??????

• Exclusions ????
• General Exclusions
• Inherent vice (????)of the subject matter
• Insolvency (??) of the owner of the ship, the
  carrier or the charterer
• Nuclear or atomic weapons

54
Institute Cargo Clauses (ICC) ??????

• Exclusions ????
• Unseaworthiness and unfitness of the carrying
  vessel or lighter, including the
  containers   ????????????
• War, capture, hostile behavior, distraint (??)
  and conventional weapons????
• Strike, terrorists

55
Institute Cargo Clauses (ICC) ??????

• Institute Cargo Clause B ICC(B)??????B
• Fire, explosion
• Ship or lighter colliding with rocks (??),
  running aground (??), sunk or capsized (??)
• Conveyance overturned(??)or derailed(??)
• Ship, lighter or other conveyance colliding with
  any external object excluding water

56
Institute Cargo Clauses (ICC) ??????

• Institute Cargo Clause B ICC(B)??????B
• Loss or damage due to unloading at the port of
  refuge (???)
• Loss of damage due to earthquake, eruption of
  volcano(????), lightning or thunder
• Sacrifice in general average
• Loss of the subject matter due to jettison
  (??)and washing overboard

57
Institute Cargo Clauses (ICC) ??????

• Institute Cargo Clause B ICC(B)??????B
• Loss of the subject matter due to being plunged
  into water by waves (????)
• Loss of the subject matter insured due to water
  entering the ship, lighter, conveyance, container
  or storage place
• Total loss caused by falling of the entire
  package or packages into sea during the processes
  of loading and unloading.

58
Institute Cargo Clauses (ICC) ??????

• Institute Cargo Clause B ICC(B)??????B
• Exclusions are those mentioned in clause A
• The following two are not included
• Piracy ????
• Malicious damage

59
Institute Cargo Clauses (ICC) ??????

• Institute Cargo Clause C ICC(C)??????C
• Only covers major casualties(??????)
• Exclusions are the same as those in clause B

60
Institute Cargo Clause C

• Comparing with clause B, it excludes the
  following risks
• Loss or damage due to earthquake, eruption of
  volcano, lightning or thunder.
• Falling of the goods into sea during the
  processes of loading and unloading, water
  entering the ship, lighter, conveyance,
  container, storage plane, etc.

61
??????????A, B, C (ICC A, B, C)
???? A B C
1. ??,?? v v v
2. ??,?????,??,??,?? v v v
3. ???????????? v v v
4. ??,????????????????????? v v v
5. ?????? v v v
6. ??,??????? v v X
62
??????????A, B, C (ICC A, B, C)
???? A B C
7. ?????? v v v
8. ?? v v v
9. ???? v v X
10. ??,?????????,??,????,???,?????????? v v X
11. ????????????????,????????? v v X
63
??????????A, B, C (ICC A, B, C)
???? A B C
12. ????????????(???,???)???????????????? v x x
13. ???? v x x
14. ??????????????? v x x
???? A B C
1. ???????????????????? x x x
64
??????????A, B, C (ICC A, B, C)
???? A B C
2. ????,??????????????? x x x
3. ?????????????????? x x x
4. ???????????????????? x x x
5. ?????????????? x x x
6. ???????,???,???????????????????????? x x x
65
??????????A, B, C (ICC A, B, C)
???? A B C
7. ??????????????????????? x x x
8. ?????,??,????,??????? x x x
9. ??? x x x
10. ??? x x x
66
D. Marine Insurance Business in China and
Insurance Clauses in the Contract

1. Choosing Insurance Coverage
2. Determining insurance Amount and Calculating
   Insurance Premium
3. Taking out Insurance
4. Insurance Clauses in the Contract

67
D. Marine Insurance Business in China and
Insurance Clauses in the Contract

• Choosing Insurance Coverage
• Quality and characteristic of the goods
• Conveyance and line
• Changes of international political and economic
  situations
• Regularity of damage
• Package conditions of the cargo

68
D. Marine Insurance Business in China and
Insurance Clauses in the Contract

• Determining insurance Amount and Calculating
  Insurance Premium
• The insurance amount is the highest compensation
  amount undertaken by the insurer, and it is also
  the foundation for calculating the insurance
  premium.
• The insurance amount may be marked up by a
  certain percentage on the basis of the CIF value.

69
Determining insurance Amount and Calculating
Insurance Premium

• The Insurance Amount under CIF Includes
• Invoice value
• Cost of the goods Insurance premium amount of
  Freight
• Markup percentage usu. 10 of the CIF value
  ?????
• The operating expenses and profit in expectancy
  by the insured

70
Determining insurance Amount and Calculating
Insurance Premium

• The Formula of Insurance Amount under CIF Terms
• Insurance amount
• CIF price x (1 markup percentage)

71
Determining insurance Amount and Calculating
Insurance Premium

• The Formula of Insurance Amount under FOB Terms
• Insurance amount
• FOB price x (1 average freight rate
• average premium rate)

72
Determining insurance Amount and Calculating
Insurance Premium

• The Formula of Insurance Amount under CFR Terms
• Insurance amount
• CFR price x (1 average premium rate)

73
Determining insurance Amount and Calculating
Insurance Premium

• The insurance premium (???), referring to the
  sum of money paid by the insured, is the basic
  proceeds (??) earned by the insurer.
• Premium is usu. calculated according to two kinds
  of rates
• general premium rate
• named cargo premium rate

74
Determining insurance Amount and Calculating
Insurance Premium

• The Formula for Calculating the Premium under CIF
  Terms
• Premium
• CIF price x (1 markup percentage) x
• premium rate

75
Determining insurance Amount and Calculating
Insurance Premium

• The Formula for Calculating the Premium under FOB
  Terms
• Premium
• FOB price x (1 average freight rate
• average premium rate) x average
• premium rate

76
Determining insurance Amount and Calculating
Insurance Premium

• The Formula for Calculating the Premium under CFR
  Terms
• Premium
• CFR price x (1 average premium rate)
• x average premium rate

77
Determining insurance Amount and Calculating
Insurance Premium

• CFR Price CIF Price
• CIF price
• CFR price ??(C) ?? (F)
• 1 - (???? x ????)

1 ???
78
D. Marine Insurance Business in China and
Insurance Clauses in the Contract

• Taking out Insurance ??
• Difference between CIF and FOB, CFR
• W/W Clause
• Taking out insurance with the insurer is a
  contracted legal action of the insured.
• Application for Marine Insurance ???

79
Taking out Insurance ??

• Attention under Application for Marine
  Insurance ???
• Principle of utmost good faith (??????)
• Contents in conformity with contract and L/C
• No liability for any willful fault or negligence
  of the insured
• The venture (??) must be legal
• The insurance amount, coverage, the name,
  quantity, packing of the insured good, the name
  of the vessel, sailing date, etc. must be filled
  in correctly.

80
D. Marine Insurance Business in China and
Insurance Clauses in the Contract

• Insurance Clauses
• Insurance to be effected by the buyer
• Insurance to be effected by the seller on behalf
  of the buyer for 110 of the invoice value
  against FPA (WPA or All risks. Premium to be for
  the buyers account.

81
E. Forms of Marine Insurance Contract

• Five Kinds of Forms
• Insurance Policy
• Insurance Certificate
• Open Policy
• Combined Certificate
• Endorsement

82
E. Forms of Marine Insurance Contract

• Insurance Policy ???,??????
• Names and addresses of the insured and the
  insurer
• Subject matter insured ????
• Kinds of risks and accidents covered
• Commencement date of insurance as well as time
  limit
• Insurance amount
• Insurance premium
• Date and place of taking out the policy, etc.

83
E. Forms of Marine Insurance Contract

• Insurance Policy ???,??????
• Rights and obligations of the two parties on the
  back of the insurance policy.

84
E. Forms of Marine Insurance Contract

• Insurance Certificate ????,??????
• A kind of simplified insurance policy
• Rights and obligations of the two parties are
  omitted. (??)
• Same validity as the insurance policy

85
E. Forms of Marine Insurance Contract

• Open Policy ?????
• A number of consignments of similar import goods
  are intended to be covered.
• An open policy covers these shipments, as soon as
  they are made.
• The particulars of these shipments should be
  supplied to the insurance company later on in the
  form of shipment advices.

86
E. Forms of Marine Insurance Contract

• Open Policy ?????
• An open policy only indicates
• the scope of insurance coverage
• insurance premium rate
• highest insurance amount of each lot,
• calculating method of the insurance premium, etc.

87
E. Forms of Marine Insurance Contract

• Combined Certificate ????
• Goods are exported to Hong Kong, and some
  countries in Southeast Asia
• The insurance company adds the coverage,
  insurance amount and serial number of insurance
  on the commercial invoice
• A certificate which combines the invoice with the
  insurance policy
• The simplest insurance certificate in use.

88
E. Forms of Marine Insurance Contract

• Endorsement ??????
• After insurance has been taken out, if the
  insured wants to replenish (??) or change the
  contents of the policy, he may apply to the
  company for the same. After agreement by the
  company, another certificate which indicates the
  relative amendment will be issued. This
  certificate is called endorsement.

89
F. Insurance Claim ????

• In case the insured goods suffered losses within
  the scope of insurance cover, the insured can
  claim for indemnity (??) from the insurer.
• Formalities for claim
• Points should be paid attention to when filing
  claims

90
F. Insurance Claim ????

• Formalities for Claim ????
• Advice and inspection of goods damaged
• Evidence of lodging a claim
• Protecting the interests of the insurer

91
Formalities for Claim ????

• Advice and inspection of goods damaged ???????
• The insured advises the insurer of the loss or
  damage is a necessary procedure of application
  for indemnity.
• Inspector agent ?????
• Satisfaction agent ?????

92
Formalities for Claim ????

• Evidence of lodging a claim
• The inspection declaration of loss or damage
• The insurance policy or insurance certification
• The invoice, B/L, packing list or weight memo
• The sea protest ?????

93
Formalities for Claim ????

• The sea protest ?????
• The true record of vile weather, fortuitous
  accidents or other perils during the voyage

94
Formalities for Claim ????

• Protecting the interests of the insurer
• Any person who files a claim should have the
  insurance interest (????).
• Loss of or damage to the subject matter shall be
  the direct result of the perils within the scope
  of the insurance cover.

95
F. Insurance Claim ????

• Points should be paid attention to when filing
  claims
• As to fragile goods (????), two ways to stipulate
  the method for compensation
• Constructive Total Loss ????

96
F. Insurance Claim ????

• As to fragile goods, two ways to stipulate the
  method for compensation
• Franchise ???
• Irrespective of Percentage ?????

97
F. Insurance Claim ????

• Franchise ???
• In case of breakage, the insurer is free from a
  certain percentage of compensation.
  (?????,??????????????.)
• Relative franchise and Deductible franchise
  ???????????
• Both are free from the compensation if the amount
  of loss does not exceed the franchise.

98
1. Franchise ???

• Relative franchise and Deductible franchise
  ???????????
• Relative franchise in case the amount of loss
  exceeds the franchise, the insurer will not
  deduct the franchise and compensate the total
  loss.
• Deductible franchise the insurer will deduct the
  franchise and only compensate the exceeding part.

99
F. Insurance Claim ????

• Irrespective of Percentage (I.O.P.) ?????
• The insurance company will compensate in case of
  breakage irrespective of percentage

100
Points should be paid attention to when filing
claims

• Constructive Total Loss ????
• The insured may submit to the insurer the notice
  of abandonment (????), and pass all the rights
  and interests of the damaged goods to the insurer
  and ask him to compensate on the basis of the
  constructive total loss.

101
Determining insurance Amount and Calculating
Insurance Premium

• CFR Price CIF Price
• CIF price
• CFR price ??(C) ?? (F)
• 1 - (???? x ????)

1 ???
102
Case Study

• ???????????????1999?10?20?????52500????CFR??,?????
  ????,?????2000?1?1??1?10?,???????????"???"????????
  ????????,?????2000?1?20????????????????????????,??
  ?????????????"???"????????,???????????????????????
  ?????????????????,??????????????????,?????????????
  ??????????,?????????????
• ???????,??????(1) ??????????????,??????????(2)
  ??????????????,??????????(3) ?????????????????????
  ?????????(4) ??????????????????????

103
Case Study

• G???CIF???????????????,???????,??????????,????????
  ??????????????,G?????????????????G???????????,??
  ???????????,???????,??????????????????????????????
  ???G???????????.???????????????
• ?????????G ???????? ??????