BIFAlink cover - British International Freight Association
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<strong>BIFAlink</strong><br />
The magazine of the <strong>British</strong> <strong>International</strong> <strong>Freight</strong> <strong>Association</strong> Issue: 240 October 2010<br />
Surfing a<br />
20-year wave<br />
<strong>BIFAlink</strong> marks its 20th anniversary<br />
– See pages 11-20<br />
INSIDE<br />
News<br />
7 Belgium<br />
tightens load<br />
security checks<br />
Trade<br />
Services<br />
8 Incoterms 2010:<br />
the major<br />
changes<br />
Legal Eagle<br />
22 Bribery Act set<br />
to clean up<br />
standards<br />
Profile<br />
26 Panprojects in<br />
Caspian Sea<br />
triumph<br />
Events<br />
27 Graham Poll to<br />
host BIFA<br />
awards
PETER QUANTRILL’S COLUMN<br />
DIRECTOR<br />
GENERAL<br />
<strong>BIFAlink</strong> is the official magazine of the<br />
<strong>British</strong> <strong>International</strong> <strong>Freight</strong> <strong>Association</strong><br />
Redfern House, Browells Lane, Feltham<br />
TW13 7EP Tel: 020 8844 2266<br />
Fax: 020 8890 5546<br />
Web site: www.bifa.org<br />
E-mail: bifa@bifa.org<br />
A company limited by guarantee.<br />
Registered in England: 391973.<br />
VAT Registration: 216476363<br />
Director General<br />
Peter Quantrill<br />
p.quantrill@bifa.org<br />
Executive Director<br />
Robert Keen<br />
r.keen@bifa.org<br />
Director Trade Services<br />
John O’Connell<br />
j.oconnell@bifa.org<br />
Manager Trade Services<br />
Robert Windsor<br />
r.windsor@bifa.org<br />
Editorial Co-ordinator<br />
Sharon Hammond<br />
s.hammond@bifa.org<br />
Administration Controller<br />
Jane Robinson<br />
j.robinson@bifa.org<br />
Published by<br />
Park Lane Publishing<br />
peter@parklanepublishingltd.com<br />
Contributors<br />
Peter Quantrill, Robert Keen, John<br />
O’Connell, Sharon Hammond, Sue Muir,<br />
Robert Windsor<br />
Regional Representatives<br />
Alph Forrest - alphf@btinternet.com<br />
Scotland<br />
Paul Young<br />
youngyes@aol.com<br />
North West, Midlands & Northern Ireland<br />
Geoff Stark<br />
grstark@grstark.karoo.co.uk<br />
North East (Humber, West Yorkshire)<br />
Colin Young<br />
young_colin@talk21.com<br />
South (London West, Solent, SW England &<br />
S Wales)<br />
Nigel Peall – nigel.peall@btinternet.com<br />
South East (London East, Dover, Felixstowe,<br />
Rochester)<br />
Subscription rates: UK £36<br />
Rest of the World £48<br />
Please be advised that BIFA DOES NOT<br />
OFFER LEGAL ADVICE. BIFA is not a law firm<br />
and the authors of this publication are not<br />
legally qualified and do not have any legal<br />
training. The guidance and assistance set out<br />
herein are based on BIFA’s own experience<br />
with the issues concerned and should not be<br />
in any circumstances regarded or relied upon<br />
as legal advice. It is strongly recommended<br />
that anyone considering further action based<br />
on the information contained in this publication<br />
should seek the advice of a qualified professional.<br />
The authors will not accept liability<br />
for any losses suffered as the result of having<br />
acted on the guidance and assistance provided<br />
if such professional advice has not<br />
been sought.<br />
Avoiding a double dip<br />
As I write, the mainstream media is full of conflicting opinions about the possibility that the<br />
world is heading for a double-dip recession. Whilst the condition of much of the global<br />
economy has been fragile, the freight transport and logistics sector has been experiencing a<br />
robust return to growth during 2010, particularly in airfreight and containerised seafreight.<br />
Now, however, various indices indicate that shipping volumes are beginning to soften as trade<br />
flows begin to slow, and there is clearly a growing concern among the wider freight community<br />
that the re<strong>cover</strong>y may not be sustained. With the negative consequences that scenario would have<br />
on the business activities of BIFA members, I am hopeful that the comments made by Dr Jorg<br />
Kramer, Commerzbank chief economist, are the most accurate.<br />
Speaking at a recent Intercham luncheon in Hong Kong, he explained why he believes that it<br />
is highly unlikely that the global economy is heading for a second recession in as many years.<br />
Alluding to recent financial data coming out of the US, Dr Kramer said that while the risk of a<br />
double-dip recession has risen, he also thinks that this can, in the end, be avoided, citing that<br />
statistically, it is extremely unlikely.<br />
The presentation highlighted that in post-war history there has only ever been one double-dip<br />
recession – following the second oil price crisis in 1979, when the US economy fell into recession<br />
in 1980 and re<strong>cover</strong>ed after just one year, only to fall back into recession six months later.<br />
Economists have concluded that the reason for the double dip in the 1980s, however, came as a<br />
result of the US Central Bank doubling short-term interest rates from 9% to 18%. That scenario<br />
seems unlikely to reoccur, and we should all hope that is the case.<br />
In this issue<br />
Notwithstanding the state of the world economy and global trade, once again this issue of<br />
<strong>BIFAlink</strong> carries a number of articles which serve to emphasise the many and varied issues<br />
affecting members businesses.<br />
On page 24, you will find an article which asks whether in the immediate post-liner shipping<br />
conference world there is a growing appetite for tighter controls of the maritime sector.<br />
Several recent editions of <strong>BIFAlink</strong> have carried articles about trading with Iran and your<br />
attention is drawn to the latest of these on page 8, which explains the tough new EU sanctions on<br />
Iran.<br />
The potential impact of The Bribery Act features in an article on page 22 in which we urge<br />
members to undertake a review of their internal policies and procedures to ensure they will be<br />
compliant with the Act, which comes into force in April 2011.<br />
I would also urge members to read the article on page 10 about FIATA documents. One of the<br />
benefits of BIFA membership is the access to a range of internationally accepted uniform<br />
transport documents, which are only available for the exclusive use of BIFA trading member<br />
companies and provide a standard recognised worldwide by other forwarders, banks and insurance<br />
companies.<br />
This edition also brings a nine-page review of some of the many and varied issues <strong>cover</strong>ed by<br />
<strong>BIFAlink</strong> over the course of its 20-year history.<br />
To end, October will see the finalists of this year’s BIFA <strong>Freight</strong> Service Awards being chosen<br />
with those nominated being judged in November and announced at the BIFA Awards Ceremony<br />
Luncheon on Thursday 20 January 2011. Do make a note of the date in your diary. ■<br />
October 2010 3
PETER QUANTRILL’S COLUMN<br />
DIRECTOR<br />
GENERAL<br />
<strong>BIFAlink</strong> is the official magazine of the<br />
<strong>British</strong> <strong>International</strong> <strong>Freight</strong> <strong>Association</strong><br />
Redfern House, Browells Lane, Feltham<br />
TW13 7EP Tel: 020 8844 2266<br />
Fax: 020 8890 5546<br />
Web site: www.bifa.org<br />
E-mail: bifa@bifa.org<br />
A company limited by guarantee.<br />
Registered in England: 391973.<br />
VAT Registration: 216476363<br />
Director General<br />
Peter Quantrill<br />
p.quantrill@bifa.org<br />
Executive Director<br />
Robert Keen<br />
r.keen@bifa.org<br />
Director Trade Services<br />
John O’Connell<br />
j.oconnell@bifa.org<br />
Manager Trade Services<br />
Robert Windsor<br />
r.windsor@bifa.org<br />
Editorial Co-ordinator<br />
Sharon Hammond<br />
s.hammond@bifa.org<br />
Administration Controller<br />
Jane Robinson<br />
j.robinson@bifa.org<br />
Published by<br />
Park Lane Publishing<br />
peter@parklanepublishingltd.com<br />
Contributors<br />
Peter Quantrill, Robert Keen, John<br />
O’Connell, Sharon Hammond, Sue Muir,<br />
Robert Windsor<br />
Regional Representatives<br />
Alph Forrest - alphf@btinternet.com<br />
Scotland<br />
Paul Young<br />
youngyes@aol.com<br />
North West, Midlands & Northern Ireland<br />
Geoff Stark<br />
grstark@grstark.karoo.co.uk<br />
North East (Humber, West Yorkshire)<br />
Colin Young<br />
young_colin@talk21.com<br />
South (London West, Solent, SW England &<br />
S Wales)<br />
Nigel Peall – nigel.peall@btinternet.com<br />
South East (London East, Dover, Felixstowe,<br />
Rochester)<br />
Subscription rates: UK £36<br />
Rest of the World £48<br />
Please be advised that BIFA DOES NOT<br />
OFFER LEGAL ADVICE. BIFA is not a law firm<br />
and the authors of this publication are not<br />
legally qualified and do not have any legal<br />
training. The guidance and assistance set out<br />
herein are based on BIFA’s own experience<br />
with the issues concerned and should not be<br />
in any circumstances regarded or relied upon<br />
as legal advice. It is strongly recommended<br />
that anyone considering further action based<br />
on the information contained in this publication<br />
should seek the advice of a qualified professional.<br />
The authors will not accept liability<br />
for any losses suffered as the result of having<br />
acted on the guidance and assistance provided<br />
if such professional advice has not<br />
been sought.<br />
Avoiding a double dip<br />
As I write, the mainstream media is full of conflicting opinions about the possibility that the<br />
world is heading for a double-dip recession. Whilst the condition of much of the global<br />
economy has been fragile, the freight transport and logistics sector has been experiencing a<br />
robust return to growth during 2010, particularly in airfreight and containerised seafreight.<br />
Now, however, various indices indicate that shipping volumes are beginning to soften as trade<br />
flows begin to slow, and there is clearly a growing concern among the wider freight community<br />
that the re<strong>cover</strong>y may not be sustained. With the negative consequences that scenario would have<br />
on the business activities of BIFA members, I am hopeful that the comments made by Dr Jorg<br />
Kramer, Commerzbank chief economist, are the most accurate.<br />
Speaking at a recent Intercham luncheon in Hong Kong, he explained why he believes that it<br />
is highly unlikely that the global economy is heading for a second recession in as many years.<br />
Alluding to recent financial data coming out of the US, Dr Kramer said that while the risk of a<br />
double-dip recession has risen, he also thinks that this can, in the end, be avoided, citing that<br />
statistically, it is extremely unlikely.<br />
The presentation highlighted that in post-war history there has only ever been one double-dip<br />
recession – following the second oil price crisis in 1979, when the US economy fell into recession<br />
in 1980 and re<strong>cover</strong>ed after just one year, only to fall back into recession six months later.<br />
Economists have concluded that the reason for the double dip in the 1980s, however, came as a<br />
result of the US Central Bank doubling short-term interest rates from 9% to 18%. That scenario<br />
seems unlikely to reoccur, and we should all hope that is the case.<br />
In this issue<br />
Notwithstanding the state of the world economy and global trade, once again this issue of<br />
<strong>BIFAlink</strong> carries a number of articles which serve to emphasise the many and varied issues<br />
affecting members businesses.<br />
On page 24, you will find an article which asks whether in the immediate post-liner shipping<br />
conference world there is a growing appetite for tighter controls of the maritime sector.<br />
Several recent editions of <strong>BIFAlink</strong> have carried articles about trading with Iran and your<br />
attention is drawn to the latest of these on page 8, which explains the tough new EU sanctions on<br />
Iran.<br />
The potential impact of The Bribery Act features in an article on page 22 in which we urge<br />
members to undertake a review of their internal policies and procedures to ensure they will be<br />
compliant with the Act, which comes into force in April 2011.<br />
I would also urge members to read the article on page 10 about FIATA documents. One of the<br />
benefits of BIFA membership is the access to a range of internationally accepted uniform<br />
transport documents, which are only available for the exclusive use of BIFA trading member<br />
companies and provide a standard recognised worldwide by other forwarders, banks and insurance<br />
companies.<br />
This edition also brings a nine-page review of some of the many and varied issues <strong>cover</strong>ed by<br />
<strong>BIFAlink</strong> over the course of its 20-year history.<br />
To end, October will see the finalists of this year’s BIFA <strong>Freight</strong> Service Awards being chosen<br />
with those nominated being judged in November and announced at the BIFA Awards Ceremony<br />
Luncheon on Thursday 20 January 2011. Do make a note of the date in your diary. ■<br />
October 2010 3
Matt Beech, Commercial and IT Director – Maltacourt<br />
<strong>International</strong> Shipping and <strong>Freight</strong> Forwarding Agents<br />
From desktop to destination<br />
<br />
<br />
www.boxtop.net/study<br />
BoxTop – the team to trust
newsdesk<br />
www.bifa.org<br />
Ian Matheson, from Impress Communications, reviews some recent news that might impact on members’ business<br />
Currency fluctuations<br />
alarm UK exporters<br />
UK exporters are seeing the<br />
current volatility of the pound<br />
affecting their confidence,<br />
according to a survey by<br />
Travelex Global Business<br />
Payments. While optimism<br />
within the sector is otherwise<br />
growing, currency market<br />
fluctuations are damaging<br />
sentiment.<br />
Meanwhile, the Chartered<br />
Institute of Logistics and<br />
Transport in the UK has said<br />
that business linked to the<br />
manufacturing industry is<br />
expected to continue<br />
growing over the coming<br />
months, explaining that the<br />
freight field is busy when<br />
activity and productivity levels<br />
are high, while these<br />
measures fall when the<br />
economy is weak.<br />
The <strong>British</strong> Chambers of<br />
Commerce (BCC) has called<br />
for the government to<br />
preserve spending<br />
commitments to capital<br />
projects for the UK’s road and<br />
rail infrastructure when budget<br />
cuts are announced.<br />
One such project is the vital<br />
upgrade of the M9 Junction<br />
1a – a vital element of the Forth<br />
Replacement Crossing scheme<br />
for which four tenderers,<br />
comprising seven major<br />
construction firms, are set to<br />
compete.<br />
<strong>Freight</strong> traffic at major ports<br />
in the UK declined over the 12<br />
months to June 2010, official<br />
figures from the Office for<br />
National Statistics reveal, with<br />
falls seen in both inward traffic<br />
and outward traffic, by 6% and<br />
3% respectively.<br />
However, the port of Liverpool’s<br />
Royal Seaforth container<br />
terminal will have 5,000<br />
additional ground slots in use<br />
by the end of October, with<br />
expansion coming on the back<br />
of strong growth, and an<br />
immediate pay-off from the<br />
recent £1.1m investment in<br />
cutting edge operational IT,<br />
which has led to a 30%<br />
improvement in vehicle<br />
turnaround times.<br />
Dame Vera Lynn has added<br />
her voice to the debate<br />
surrounding the future<br />
ownership of the port of<br />
Dover with the government<br />
considering various plans,<br />
including an option that could<br />
see one of the UK’s most<br />
important gateways taken over<br />
by an organisation that controls<br />
the port of Calais. Quoted in the<br />
Sun, Dame Vera said: “I don’t<br />
fancy anyone apart from the<br />
<strong>British</strong> having a say over how<br />
Dover is managed.”<br />
The European Commission has<br />
adopted new EU rules to<br />
“name and shame” shipping<br />
companies that are performing<br />
poorly on vital safety<br />
inspections. The rules will<br />
introduce an online register on<br />
January 1, 2011, to increase<br />
and improve the safety<br />
performance of ships through<br />
more accurate checks, the<br />
commission said. The register<br />
will also put poor performers in<br />
the spotlight so that with<br />
tougher inspection regimes<br />
and public pressure there is<br />
every incentive for them to raise<br />
their game rather than face a<br />
ban from EU waters.<br />
Meanwhile, speaking at the<br />
World Economic Forum in<br />
Tianjin, China, the chief<br />
executive of COSCO is<br />
reported to have said that<br />
many shipping lines had<br />
walked away from their<br />
commitments during the<br />
recent downturn.<br />
In the airfreight sector, recent<br />
news from a US passenger-tofreighter<br />
aircraft conversion<br />
company appears to further<br />
confirm global economic<br />
re<strong>cover</strong>y. Aeronautical Engineers<br />
Inc, based in Miami, reported<br />
that during the third quarter of<br />
this year it had redelivered four<br />
B737SF conversions to<br />
customers in Europe, Turkey,<br />
South America and Asia.<br />
Meanwhile air cargo shippers<br />
and forwarders say the industry<br />
still has a long way to go in<br />
screening shipments after<br />
meeting a government<br />
mandate to screen 100% of all<br />
cargo on US passenger aircraft<br />
by 1 August, according to a<br />
report in The Journal of<br />
Commerce. Industry shipping<br />
executives say they fear the<br />
growing demand during the<br />
autumn shipping season will<br />
press the limits of screening<br />
capabilities in coming months,<br />
including the ability to keep up<br />
this brisk screening pace<br />
integral to the time-sensitive<br />
nature of most air shipments.<br />
On the railways, a bridge is<br />
being knocked down in Oxford<br />
and replaced with a new one<br />
so that more freight from the<br />
south can be transported on<br />
the line underneath it as part of<br />
a £71m scheme to improve<br />
the rail line between<br />
Southampton and Nuneaton,<br />
via Reading, Didcot, Oxford<br />
and Banbury. Work will begin in<br />
November and is expected to<br />
be completed by March 2011.<br />
Business Secretary Vince<br />
Cable has welcomed the<br />
appointment of Stephen<br />
Green as Minister for Trade,<br />
saying that it sends a strong<br />
signal to trading partners that<br />
the government views the<br />
promotion of trade and<br />
investment as a priority. Mr<br />
Green was the chairman of<br />
HSBC and deputy president of<br />
the Confederation of <strong>British</strong><br />
Industry. He will take up his<br />
new role in January. ■<br />
6 October 2010
www.bifa.org<br />
newsdesk<br />
Belgium tightens up<br />
load security checks<br />
We have recently become<br />
aware that Belgian authorities<br />
are taking a tougher policy on<br />
load security and there are now<br />
stricter regulations being<br />
applied to <strong>British</strong> vehicles<br />
transiting the country.<br />
At any Belgian roadside<br />
check, a driver should be able<br />
to present documentation<br />
detailing the type of cargo, the<br />
weight, and the type of pallets<br />
used.<br />
Operators are also obliged<br />
to confirm safe packaging and<br />
that the load can remain stable,<br />
even when tilted to an angle of<br />
26 degrees. Police have the<br />
power to stop vehicles and<br />
order the driver to reload or<br />
unload part of the cargo in<br />
BIFA is working with<br />
representatives from HMRC to<br />
bring a programme of Import<br />
Control System (ICS) seminars<br />
to your area in the autumn.<br />
The forthcoming<br />
introduction of ICS was<br />
<strong>cover</strong>ed in <strong>BIFAlink</strong> (May 2010)<br />
and again in this issue.<br />
Additionally, a 42-page<br />
guidance note from HMRC is<br />
available to download from the<br />
Traffic in Antwerp<br />
order to comply with the new<br />
requirements.<br />
To some extent this is no<br />
more than normal practice for<br />
many hauliers and shippers.<br />
However, it is clear that those<br />
who cannot provide freight<br />
BIFA website at<br />
http://www.bifa.org/_Attachmen<br />
ts/Resources/1050_S4.pdf<br />
details as above may be<br />
exposing themselves to greater<br />
risk of delays and/or fines than<br />
in the past.<br />
It should be noted that<br />
Germany and the Netherlands<br />
have introduced the concept of<br />
Consignor Liability. While at<br />
first it may seem that hauliers<br />
are better protected than in the<br />
past, the protection works both<br />
ways. It is now becoming more<br />
common to have to provide<br />
load securing that suits the<br />
consignor as well as the driver.<br />
BIFA is hearing of more<br />
cases in Germany and Benelux<br />
where the driver will not be<br />
allowed to depart without the<br />
load being secured to the<br />
consignor’s satisfaction. ■<br />
Import Control System seminars<br />
Seminars are planned for the following venues:<br />
Venue Date Contact<br />
Purfleet Tuesday 5 October Nigel Peall<br />
Felixstowe Thursday 7 October Nigel Peall<br />
(nigel.peall@btinternet.com)<br />
To reserve your place on<br />
any of the above, please e-mail<br />
the named contact. ■<br />
Reserve your copy<br />
of Incoterms 2010<br />
A new edition<br />
of Incoterms<br />
will be<br />
published<br />
later this year<br />
with effect<br />
from<br />
1 January<br />
2011. BIFA<br />
will as usual<br />
be carrying<br />
a stock of this book and if<br />
you would like to reserve a<br />
copy please let us know<br />
now.<br />
For further information on<br />
Incoterms 2010 there is an<br />
article on page 9 of this<br />
edition of <strong>BIFAlink</strong>.<br />
The price of the new<br />
Incoterms book will be<br />
£48.00 (incl P&P). To reserve<br />
a copy, please contact<br />
Marion Fisher at BIFA by<br />
e-mail at: m.fisher@bifa.org ■<br />
Don’t keep it to<br />
yourself<br />
Remember to circulate<br />
<strong>BIFAlink</strong> to your colleagues.<br />
Not your copy of <strong>BIFAlink</strong>? –<br />
register for your own copy by<br />
contacting Jane Robinson in<br />
membership<br />
(j.robinson@bifa.org).<br />
<strong>BIFAlink</strong> is free to BIFA<br />
member companies or<br />
available by subscription to<br />
non-members. ■<br />
The Limits of Liability for Carriers<br />
Sponsored by<br />
By sea – Hague Visby rules:<br />
£1.97 per kg<br />
£656.09 per package<br />
By road – CMR:<br />
£8.20 per kg<br />
By air – Warsaw/Montreal Convention<br />
£16.73 per kg<br />
+44 (0) 1628 532 613 www.peter-lole.co.uk<br />
BIFA STC: £1.97 per kg<br />
(The SDR rate on 13 September 2010,<br />
according to the IMF website, was 0.984126)<br />
October 2010 7
tradeservices<br />
www.bifa.org<br />
A US Coast<br />
Guard<br />
boarding<br />
team in the<br />
Arabian Gulf<br />
Incoterms 2010:<br />
the major changes<br />
<strong>BIFAlink</strong> takes an in-depth look at the latest edition of<br />
Incoterms, in which there appear to be no major issues<br />
to concern freight forwarders<br />
More restrictions<br />
on trade with Iran<br />
In recent editions of <strong>BIFAlink</strong> we have provided<br />
members with information about trading with Iran and<br />
the sanctions that have been imposed by the USA in<br />
the past couple of years. This has been highlighted<br />
recently with an extradition hearing in London for an<br />
individual to face trial in the USA for breaching Iranian<br />
sanctions.<br />
On 27 July 2010, the EU imposed its toughest<br />
sanctions regime yet on Iran, with ramifications for<br />
several key areas. These include insurance, export/<br />
import restrictions, energy, finance, travel, education<br />
and transport bans.<br />
The EU sanctions are considerably broader and<br />
more stringent than those imposed by the UN, which<br />
were focused on preventing the sale and supply of<br />
goods used in nuclear production and missile<br />
development to Iran. As well as the above sectors, the<br />
new EU sanctions also aim at entities connected with<br />
the Iranian government. The sanctions are applicable<br />
to all EU member states.<br />
The scope of the new EU sanctions represents a<br />
significant change to the previous regime, and<br />
caution and care should be exercised by clients when<br />
dealing with any matter that has the potential to be<br />
linked to Iran. In the UK, regulations made under the<br />
European Communities Act 1972 give effect to EU<br />
sanctions. The 2007 Iran (European Community<br />
Financial Sanctions) Regulations (SI 2007/1374)<br />
create criminal penalties for violations of EU<br />
sanctions. It is likely that new laws will be passed in<br />
the UK that will give effect to the criminal aspects of<br />
the council decision.<br />
More comprehensive information can be found on<br />
the BIFA website, www.bifa.org, where an article by<br />
Associate BIFA member solicitors Clyde & Co is<br />
published. The item is located in the Industry News<br />
area.<br />
Members should also read the Notice to Exporters<br />
2010/21 issued by the Department of Business,<br />
Innovation and Skills, which provides explanations<br />
and frequently asked questions on the subject. ■<br />
Incoterms are a series of sales<br />
terms, published by the<br />
<strong>International</strong> Chamber of<br />
Commerce (ICC) for use in<br />
international commercial<br />
transactions. The first edition was<br />
published in 1936 and the current<br />
version is Incoterms 2000. Incoterms<br />
are reviewed approximately every 10<br />
years to ensure that they relate to<br />
current world trade practices.<br />
A new edition, Incoterms 2010,<br />
will be effective from 1 January<br />
2011, and pre-publication orders are<br />
being taken by BIFA. If you wish to<br />
reserve a copy, please contact<br />
Marion Fisher (m.fisher@bifa.org).<br />
The cost is £48 including postage<br />
and packaging.<br />
The revision process began at the<br />
start of 2008 since when the drafting<br />
group has met regularly to consider<br />
over 150 pages of line-by-line<br />
comments from 25 national<br />
committees of the ICC. BIFA has<br />
been a regular contributor to<br />
Incoterms meetings held by the ICC<br />
in London, and we have studied and<br />
reacted to proposed changes as each<br />
draft has been published. We have<br />
also contributed to the<br />
representations made by FIATA.<br />
So what is new?<br />
Incoterms are to be divided into<br />
two, instead of the previous four,<br />
categories, as follows:<br />
● Terms for any Mode or Modes of<br />
Transport<br />
● Terms for Sea and Inland<br />
Waterway Transport.<br />
This is intended to further assist<br />
Incoterms users in identifying the<br />
correct term for their particular<br />
requirements.<br />
There is a reduction from the<br />
existing 13 Incoterms to 11. DAF,<br />
DES, DEQ and DDU have been<br />
deleted, and two new Incoterms,<br />
DAT and DAP, have been introduced.<br />
Terms for any Mode or Modes of<br />
Transport will include the new<br />
terms and comprise: CIP, CPT,<br />
DAP, DAT, DDP, EXW and FCA.<br />
Terms for Sea and Inland Waterway<br />
Transport consist of CFR, CIF,<br />
FAS and FOB<br />
Other features included in the<br />
new edition of Incoterms:<br />
● Extensive guidance notes and<br />
illustrative graphics to help users<br />
efficiently choose the right rule<br />
for each transaction;<br />
● New classification to help in<br />
choosing the most suitable rule in<br />
relation to the mode of transport;<br />
● Advice for the use of electronic<br />
procedures;<br />
● Information on security-related<br />
clearances for shipments;<br />
● Advice for the use of Incoterms<br />
2010 in domestic (intra EU)<br />
trade.<br />
New Incoterms<br />
Incoterms 2000 DAF, DES, DEQ<br />
and DDU terms, which contained<br />
significant areas of overlap, have<br />
been replaced by two new terms,<br />
DAT and DAP<br />
DAT<br />
‘Delivered at Terminal’ means that<br />
the seller delivers when the goods,<br />
once unloaded from the arriving<br />
means of transport, are placed at the<br />
disposal of the buyer at a named<br />
terminal at the named port or place<br />
of destination.<br />
‘Terminal’ includes any place,<br />
whether <strong>cover</strong>ed or not, such as a<br />
quay, warehouse, container yard or<br />
road, rail or air cargo terminal. The<br />
seller bears all risks involved in<br />
8 October 2010
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tradeservices<br />
bringing the goods to, and unloading<br />
them at, the terminal at the named<br />
port or place of destination.<br />
The parties are well advised to<br />
specify as clearly as possible the<br />
terminal and, if possible, a specific<br />
point within the terminal at the<br />
agreed port or place of destination,<br />
as the risks to that point are for the<br />
account of the seller. The seller is<br />
advised to procure a contract of<br />
carriage that matches this choice<br />
precisely.<br />
Moreover, if the parties intend<br />
the seller to bear the risks and costs<br />
involved in transporting and<br />
handling the goods from the<br />
terminal to another place, then the<br />
DAP or DDP rules should be used.<br />
DAT requires the seller to clear<br />
the goods for export, where<br />
applicable.<br />
However, the seller has no<br />
obligation to clear the goods for<br />
import, pay any import duty or carry<br />
out any import customs formalities.<br />
DAP<br />
‘Delivered at Place’ means that the<br />
seller delivers when the goods are<br />
placed at the disposal of the buyer<br />
on the arriving means of transport<br />
‘Delivered at<br />
Terminal’ means<br />
that the seller<br />
delivers when the<br />
goods, once<br />
unloaded from the<br />
arriving means of<br />
transport, are<br />
placed at the<br />
disposal of the<br />
buyer at a named<br />
terminal at the<br />
named port or<br />
place of destination<br />
ready for unloading at the named<br />
place of destination. The seller bears<br />
all risks involved in bringing the<br />
goods to the named place.<br />
The parties are well advised to<br />
specify as clearly as possible the<br />
point within the agreed place of destination,<br />
as the risks to that point are<br />
for the account of the seller. The<br />
seller is advised to procure contracts<br />
of carriage that match this choice<br />
precisely. If the seller incurs costs<br />
under its contract of carriage related<br />
to unloading at the place of destination,<br />
the seller is not entitled to<br />
re<strong>cover</strong> such costs from the buyer<br />
unless otherwise agreed between<br />
the parties.<br />
DAP requires the seller to clear<br />
the goods for export, where applicable.<br />
However, the seller has no obligation<br />
to clear the goods for import,<br />
pay any import duty, or carry out any<br />
import customs formalities. If the<br />
parties wish the seller to clear the<br />
goods for import, pay any import<br />
duty and carry out any import customs<br />
formalities, the DDP term<br />
should be used.<br />
Conclusions<br />
There are probably no major issues for<br />
freight forwarders in Incoterms 2010,<br />
although with Ex Works, FOB and<br />
CIF it is likely that shippers will keep<br />
their traditional meanings and adapt<br />
them for air carriage and container<br />
shipping. The ICC is aware that there<br />
needs to be a major educational programme<br />
to educate traders. ■<br />
BIFA members can purchase a<br />
copy of Incoterms 2010 from<br />
BIFA. Please contact Marion<br />
Fisher (m.fisher@bifa.org). The<br />
cost is £48 including P&P.<br />
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October 2010 9
tradeservices<br />
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Using FIATA Documents<br />
A guide to FIATA’s internationally accepted transport documents<br />
One of the benefits of BIFA<br />
membership is the access to a<br />
range of internationally<br />
accepted uniform transport<br />
documents. These may be<br />
purchased from the association or<br />
printed under a licence issued by<br />
BIFA in return for an annual fee.<br />
The current prices can be found<br />
on the BIFA website. Our<br />
publications order form can be found<br />
under the INFORMATION tab.<br />
The documents supplied by<br />
BIFA include:<br />
● FIATA Multimodal Bill of<br />
Lading (FBL),<br />
● FIATA Multimodal Transport<br />
Waybill (FWB),<br />
● FIATA Forwarders’ Certificate of<br />
Receipt (FCR).<br />
These documents are only<br />
available for the exclusive use of<br />
BIFA trading member companies.<br />
They provide a standard recognised<br />
worldwide by other forwarders,<br />
banks and insurance companies.<br />
Your liability insurance should<br />
<strong>cover</strong> the issue of FIATA<br />
documents and BIFA is obliged to<br />
see evidence of <strong>cover</strong> before<br />
processing any orders.<br />
The FIATA Multimodal Bill<br />
of Lading (FBL)<br />
This document can fulfil a number<br />
of functions. As a negotiable<br />
document of title it meets the<br />
criteria in the <strong>International</strong> Chamber<br />
of Commerce (ICC) Uniform<br />
Custom and Practice for<br />
documentary credits (UCP 600) as a<br />
marine ocean bill of lading.<br />
Additionally, it can be used for<br />
multimodal transport movements<br />
and as a forwarder’s house bill of<br />
lading.<br />
FIATA Multimodal<br />
Transport Waybill (FWB)<br />
Letters of credit more frequently<br />
nominate waybills as an alternative<br />
to an ocean bill of lading or other<br />
carriage document. This<br />
requirement is met by the FWB. In<br />
addition, members who operate<br />
NVOC, groupage or consolidation<br />
services will find this a useful<br />
control document as an alternative<br />
to a house bill of lading. This<br />
applies, in particular, when there is<br />
no requirement for banking<br />
purposes.<br />
As with the FBL, this document<br />
can be purchased with a unique<br />
reference number or sold under<br />
licence, and it is subject to the same<br />
restrictions on the FBL. A single<br />
FIATA licence will <strong>cover</strong> the issue<br />
of both the FBL and the FWB.<br />
FIATA Forwarders<br />
Certificate of Receipt<br />
(FCR)<br />
Although not so widely used, the<br />
FCR is occasionally called for in the<br />
case of ex-works or FOB/FCA<br />
shipments, and can be a useful<br />
addition to the forwarder’s range of<br />
documents.<br />
“It is a condition of both FIATA<br />
and BIFA membership that an FCR<br />
form cannot be used for shipments<br />
of steel and any such use could<br />
invalidate liability insurance <strong>cover</strong>.”<br />
All FIATA documents are issued<br />
according to strict controls on<br />
format, layout and colour. BIFA’s<br />
own licence agreement with FIATA<br />
does not allow us to deviate from<br />
these prescriptions. ■<br />
To place an order for the above<br />
documents please e-mail Marion<br />
Fisher m.fisher@bifa.org<br />
10 October 2010
www.bifa.org<br />
20thanniversary<br />
Surfing a<br />
20-year wave<br />
<strong>BIFAlink</strong> has reached its 20th anniversary. Here we look back at how it has developed – and the varied,<br />
and often recurring, issues it has <strong>cover</strong>ed<br />
No magazine, especially one<br />
aimed at a busy business-tobusiness<br />
market, has the<br />
luxury of guaranteeing an avid<br />
readership, and any trade title worth<br />
its salt, particularly if it is the voice<br />
of an industry association, has to be<br />
compelling, pragmatic, relevant and<br />
authoritative.<br />
For the past 20 years <strong>BIFAlink</strong><br />
has sought to fulfil the necessary<br />
criteria, reflecting the evolving<br />
forwarding industry at large and<br />
engaging with the reader to<br />
underpin the vital role that BIFA<br />
has played in four key areas:<br />
campaigning for change and<br />
facilitation; preparing the industry<br />
for new initiatives, legislation or<br />
procedures; offering guidance to the<br />
membership on an array of general<br />
issues of interest; and the<br />
widespread promotion of the<br />
forwarding industry.<br />
Under four director-generals –<br />
Jim White, Ted Sangster, Colin<br />
Beaumont and Peter Quantrill – and<br />
with a look that has graduated from<br />
a newsletter-type format to the<br />
smart appearance today, <strong>BIFAlink</strong><br />
has been the hub of landmark<br />
developments in the industry.<br />
There are recurring themes over<br />
October 2010 11
20thanniversary<br />
www.bifa.org<br />
the years and, interestingly,<br />
concerns raised in the very first issue<br />
in September 1990 included a<br />
Middle East crisis with sanctions<br />
and US proposals for the bonding of<br />
NVOCCs, along with tariff filing. In<br />
a similar vein, recent issues of<br />
<strong>BIFAlink</strong> have highlighted sanctions<br />
against Iran and Federal Maritime<br />
Commission (FMC) proposals to<br />
exempt US-licensed NVOCCs from<br />
publishing tariffs, which threaten to<br />
give US operators the edge through<br />
the extension of confidentiality<br />
contracts.<br />
The potential impacts of many of<br />
the issues raised in 1990 are far from<br />
comparable to those today, however.<br />
The future facing freight forwarders<br />
then was one of unprecedented<br />
change. The single market was still<br />
more than two years away, but BIFA<br />
members had to prepare for<br />
cataclysmic measures in a Europe<br />
largely without barriers, and with<br />
intra-European traffic no longer<br />
subject to frontier controls.<br />
Adapting to change<br />
That, in 1990, portended the ending<br />
of a key revenue stream for freight<br />
forwarders heavily reliant on<br />
customs processing fees and, as the<br />
pages of <strong>BIFAlink</strong> report, there were<br />
fears that as many as 3,000 customs<br />
brokers could lose their jobs. BIFA<br />
was instrumental in securing<br />
European Social Fund assistance for<br />
the industry, but in the event, the<br />
<strong>British</strong> forwarding industry did what<br />
it has always done: adapted to<br />
change, assumed more of the role of<br />
carrier, and less of mere agent – and<br />
survived.<br />
In terms of preparing the<br />
industry for new initiatives,<br />
legislation or procedures, customs<br />
requirements and freight forwarding<br />
have been inextricable, and over the<br />
years <strong>BIFAlink</strong> has guided readers<br />
through a plethora of watersheds.<br />
The muster-roll includes the<br />
introduction of the central customs<br />
processor CHIEF, SAD<br />
Harmonisation, the Immigration,<br />
Asylum & Nationality Act, the closure<br />
of Entry Processing Units (EPUs)<br />
and setting up the centralised<br />
National Clearance Hub (NCH) in<br />
Salford, the New Computerised<br />
Transit System (NCTS), and the illfated<br />
Customs <strong>Freight</strong> Business<br />
Review and CF 2000. These aired<br />
❝Today’s<br />
forwarders<br />
rely on<br />
<strong>BIFAlink</strong> to<br />
help them<br />
address<br />
unfolding<br />
customs<br />
requirements<br />
such as the<br />
Modernised<br />
Customs<br />
Code<br />
expected in<br />
2013, the<br />
Import<br />
Control<br />
System, and<br />
in providing<br />
the<br />
information<br />
enabling<br />
them to take<br />
an informed<br />
decision<br />
about<br />
whether to<br />
become an<br />
Authorised<br />
Economic<br />
Operator<br />
❞<br />
Jim White<br />
Colin Beaumont<br />
many of the new ideas, such as<br />
control related to risk and reducing<br />
emphasis on transactional border<br />
control, since taken forward through<br />
developments such as the Common<br />
Foreign and Security Policy (CFSP).<br />
More recent issues into which<br />
<strong>BIFAlink</strong> has provided welcome<br />
insight include the National Export<br />
System (NES), the merits of<br />
adopting a Unique Consignment<br />
Reference (UCR), the Customs<br />
Blueprint, and changes in controls<br />
for Excise Goods with the<br />
replacement of the REDS<br />
programme.<br />
Today’s forwarders rely on<br />
<strong>BIFAlink</strong> to help them address<br />
unfolding customs requirements<br />
such as the Modernised Customs<br />
Code (MCC) expected in 2013, the<br />
Import Control System (ICS), and in<br />
providing the information enabling<br />
Ted Sangster<br />
Peter Quantrill<br />
them to take an informed decision<br />
about whether to become an<br />
Authorised Economic Operator<br />
(AEO) or not.<br />
To some extent, the issues of the<br />
MCC and AEO are linked. Within<br />
the MMC framework it is expected<br />
that many forwarders will be<br />
required to support customs<br />
authorities with a competent<br />
response in a more secure supply<br />
chain, and AEO accreditation could<br />
now well serve as the fast-track<br />
recognition for emerging initiatives<br />
and customs procedures, pointed out<br />
<strong>BIFAlink</strong> earlier this year.<br />
This is no time for sitting on<br />
laurels and the journal has also<br />
warned that the ease of facilitation<br />
and national simplifications that the<br />
UK has traditionally enjoyed may<br />
not be preserved under the MCC.<br />
Increasingly, initiatives for change<br />
12 October 2010
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20thanniversary<br />
In 1990 BIFA members had to prepare for cataclysmic measures in Europe <strong>BIFAlink</strong> redesigns in 1992, 1998, 2000, 2001, 2004 and 2009<br />
Credit © European Union, 2010<br />
emanate from Brussels, along with a<br />
need to adopt systems and<br />
procedures that can be aligned with<br />
many levels of sophistication and<br />
flexibility in the operating patterns<br />
in various member states. No doubt<br />
MCC will provide plenty for<br />
<strong>BIFAlink</strong> to reflect on over the<br />
coming months and years!<br />
Security has frequently occupied<br />
<strong>BIFAlink</strong> pages in preparing the<br />
industry for new initiatives or<br />
change. In 1990, the industry had to<br />
come to terms with legislation in<br />
response to that fateful night in 1988<br />
when PanAm’s flight 103 crashed on<br />
the Scottish town of Lockerbie as a<br />
result of a terrorist bomb, killing 270<br />
passengers, crew and citizens of the<br />
town, and exposing a vulnerability in<br />
air transport.<br />
Readers soon realised that life<br />
would never be the same again for<br />
those companies charged with<br />
administration and handling of<br />
airfreight, and measures to ensure<br />
the integrity of cargo were soon<br />
demanded. There were fears that<br />
having to X-ray freight could cause a<br />
supply chain snag. However, thanks<br />
to some outstanding industry cooperation,<br />
not every piece of freight<br />
needed to go through such rigours.<br />
It is no small testament to BIFA<br />
members’ co-operation with<br />
government agencies that, in the<br />
wake of this disaster, they pioneered<br />
the Listed Agent and Known<br />
Shipper concepts in the Aviation &<br />
Maritime Security Act, many aspects of<br />
which have since been incorporated<br />
into the EU’s latest legislation.<br />
Another aspect of aviation<br />
security has been prevention of theft<br />
and, as forwarders play a fulcrum<br />
role in maintaining the integrity of<br />
The BIFA logo now<br />
(below) and then<br />
(top)<br />
the supply chain, it was natural that<br />
the Metropolitan Police’s Operation<br />
Grafton, which sought to tighten up<br />
on crime in the Heathrow area,<br />
should seek discussions with the<br />
industry. This approach paid off,<br />
contributing to an impressive 75%<br />
drop in crime within one year,<br />
reported <strong>BIFAlink</strong>, and by the end<br />
of 2006, the initiative’s Air Industry<br />
Minimum Security Standards<br />
(AIMSS) <strong>cover</strong>ed 130 companies.<br />
Just as the Lockerbie terrorist act<br />
changed the airfreight industry, so<br />
9/11 in 2001 impacted on all freight<br />
modes. The past nine years have<br />
seen members looking to <strong>BIFAlink</strong><br />
for further guidance through new<br />
US requirements such as 24-hour<br />
advance manifest transmission, the<br />
Container Security Initiative,<br />
C-TPAT, 100% container scanning,<br />
and the ‘10+2’ rules.<br />
October 2010 13
20thanniversary<br />
www.bifa.org<br />
The Lockerbie terrorist act in 1988 changed the airfreight industry forever<br />
The concept of General Average was explained relating<br />
When it comes to the<br />
campaigning role, <strong>BIFAlink</strong><br />
witnessed strong, long and<br />
successful BIFA challenges.<br />
When <strong>BIFAlink</strong> was launched,<br />
the forthcoming new opportunities<br />
of the Channel Tunnel for linking<br />
inland points to mainland Europe by<br />
rail were still to be revealed. As the<br />
publication progressed towards the<br />
celebrated opening in 1994, so<br />
anticipation gathered pace and<br />
<strong>BIFAlink</strong> reported that the<br />
pre-privatisation Railfreight<br />
Distribution had committed not to<br />
get involved in groupage operations<br />
– manna from heaven!<br />
However, hopes were dashed<br />
when the Channel Tunnel’s security<br />
regime introduced some unpalatable<br />
concepts in the Security Approved<br />
Channel Tunnel <strong>Freight</strong> Forwarders<br />
(SACTFF) scheme, including the<br />
liability issue, which saw BIFA<br />
advising its members not to seek<br />
accreditation – not the best of starts<br />
for a brave new modal option. Thus,<br />
began a long campaign to achieve<br />
something that offered real benefits<br />
to a forwarding operation.<br />
Under the auspices of BIFA, the<br />
Alliance for Channel Tunnel<br />
Railfreight (ACTR) was established<br />
to steer a path around the obstacles<br />
of the security regime and the<br />
requirement that non-SACTFF<br />
forwarders adhered to a 20-hour<br />
booking period hardly conducive to<br />
just-in-time operations.<br />
Campaigning<br />
BIFA’s campaigning called for a<br />
security review and an analysis was<br />
ordered by the Secretary of State for<br />
Transport at the time, George<br />
Young. <strong>BIFAlink</strong> reported successful<br />
dialogue with the Department of<br />
Transport’s security arm, Transec,<br />
and in 1996 a new system for<br />
Channel Tunnel security emerged,<br />
based on a code of practice and<br />
“approved freight service operators”,<br />
but the issue was later eclipsed by<br />
illegal stowaways or asylum seekers<br />
with widespread disruption of the<br />
system. Can many freight forwarders<br />
yet claim – use of the successful<br />
lorry shuttle apart – to have<br />
capitalised on the brand new rail<br />
mode offered by the Channel<br />
Tunnel?<br />
A determined campaign was<br />
launched in response to the<br />
European Insurance Mediation<br />
Directive, which, when interpreted<br />
by the UK’s Financial Services<br />
❝A determined<br />
campaign<br />
was<br />
launched in<br />
response to<br />
the European<br />
Insurance<br />
Mediation<br />
Directive<br />
❞<br />
Authority (FSA), led to <strong>British</strong><br />
forwarders being required to<br />
undertake the cumbersome,<br />
bureaucratic and expensive exercise<br />
of registering in order to continue<br />
extending insurance policies to their<br />
clients from 2005. The FSA seemed<br />
oblivious to the fact that competing<br />
European members states did not<br />
ask the same of their forwarders.<br />
Only 7% of members registered<br />
with the FSA and minimum<br />
premiums for customers increased as<br />
a result of bureaucracy. It took two<br />
years of BIFA’s lobbying of<br />
Treasury and the FSA before<br />
agreement was reached that<br />
registration requirements could be<br />
dropped – and a great sigh of relief<br />
was audible over Redfern House<br />
when <strong>BIFAlink</strong> reported in March<br />
2009 that the final barriers had been<br />
removed.<br />
There have been other key<br />
battlegrounds, not least, and for<br />
good reason, IATA’s Cargo Accounts<br />
Settlement System (CASS) to try to<br />
ensure that forwarders get a fair<br />
deal. This issue has featured on the<br />
pages of <strong>BIFAlink</strong> from the earliest<br />
issues and is now also being<br />
championed by FIATA’s Air <strong>Freight</strong><br />
Institute. As partners of the airlines,<br />
14 October 2010
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<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
to insurance claims following the beaching of MSC Napoli off Devon early in 2007<br />
<br />
<br />
<br />
forwarders are being routinely<br />
subjected to threatening<br />
demands from CASS for bank<br />
guarantees when they so much<br />
as step over their credit limits,<br />
even though they are providing<br />
carriers with increased revenues<br />
that continue to be paid in strict<br />
accordance with the payment<br />
terms dictated by the<br />
programme.<br />
BIFA resistance<br />
BIFA also mounted resistance<br />
to potential changes to the<br />
IATA volume/weight ratio for<br />
low density air cargo that<br />
resulted in plans to implement a<br />
5,000 cu cm/1 kg (instead of<br />
6,000 cu cm/1 kg), being<br />
dropped in 2005.<br />
One of the mainstays for the<br />
industry has been the legal<br />
framework under which freight<br />
forwarders carry out their daily<br />
activities and how they react<br />
with their customers and<br />
suppliers.<br />
In the mainstream press this<br />
rarely qualifies as ‘sexy’ – unless<br />
something goes horribly wrong<br />
– but reporting has been a<br />
necessity that <strong>BIFAlink</strong> has not<br />
shirked from. This has meant<br />
monitoring and advising on<br />
changes to Incoterms, which<br />
mark out the various stages of<br />
sellers’ obligations along the<br />
international transport chain,<br />
and Uniform Customs &<br />
Practice (UCP) for documentary<br />
credits, with its guidelines on<br />
securing funds for international<br />
trade transactions. Allied to this<br />
has been the status<br />
development of transport<br />
contract documents such as the<br />
FIATA Multimodal Transport<br />
Bill of Lading.<br />
Indeed, membership of the<br />
various committees of the global<br />
forwarding trade association<br />
FIATA has enabled BIFA to<br />
contribute to, and influence, a<br />
wide range of matters allied to<br />
supply chains, while in recent<br />
times membership of the<br />
European forwarders association<br />
CLECAT has provided<br />
invaluable influence in Brussels.<br />
The bedrock for freight<br />
forwarders in their contractual<br />
arrangements with customers<br />
are BIFA’s Standard Trading<br />
Conditions, which are tried and<br />
tested in the courts. They are<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
October 2010 15
20thanniversary<br />
www.bifa.org<br />
ADVERTORIAL<br />
Insurance<br />
victory was<br />
‘high point’<br />
The battle to de-regulate freight<br />
forwarders in their cargo insurance<br />
activities remains the most notable<br />
<strong>BIFAlink</strong> <strong>cover</strong>age to date, according<br />
to cargo and cargo liability<br />
broker Peter Bridges, Dartford<br />
branch director with Bluefin, a BIFA<br />
associate.<br />
The company, which incorporates<br />
a number of brokers, including the<br />
Davis Group, employs 3,000 people<br />
in 80 UK offices, and specialises in<br />
insurance solutions for importers,<br />
exporters, freight forwarders and<br />
logistics services operators.<br />
Cargo insurance business<br />
through forwarders was decimated<br />
when FSA registration became a<br />
necessity in 2005. <strong>BIFAlink</strong>’s <strong>cover</strong>age<br />
kept BIFA’s lobbying at the<br />
forefront of the industry, which<br />
meant that the customer base<br />
could be re<strong>cover</strong>ed once FSA<br />
registration ended.<br />
An avid reader of <strong>BIFAlink</strong> since<br />
its inception, Mr Bridges has<br />
always appreciated articles<br />
centred on the incorporation of<br />
trading conditions, the role that<br />
international conventions play in<br />
overriding those conditions – and<br />
the impact of common law in<br />
setting aside those conditions if<br />
not correctly instituted. Bluefin<br />
would be keen to make an input to<br />
future articles on such subjects.<br />
“We have to provide a lifeline for<br />
the membership where their business<br />
could be under threat if we<br />
do not provide them with the<br />
correct insurance <strong>cover</strong> to back up<br />
the international conventions,” said<br />
Mr Bridges.<br />
Having such issues aired by<br />
<strong>BIFAlink</strong> means that insurers can<br />
then use the magazine as a reference<br />
when pointing out changes<br />
that might impact on insurance<br />
<strong>cover</strong>. “It helps to consolidate it,”<br />
said Mr Bridges. “<strong>BIFAlink</strong> fulfils<br />
this role and when it falls on the<br />
mat, I wonder what is going to be<br />
in it this month,” he added.<br />
The 9/11 terrorist attack on New York’s Twin Towers in 2001 impacted on all freight modes<br />
❝<strong>BIFAlink</strong> has<br />
regularly<br />
updated<br />
readers on<br />
the STCs,<br />
which are a<br />
prerequisite<br />
for BIFA<br />
membership<br />
❞<br />
exclusive to BIFA members and<br />
<strong>cover</strong> aspects such as liability of the<br />
forwarder, compensation and<br />
importer and exporter<br />
responsibilities for accuracy of goods<br />
descriptions, for instance.<br />
<strong>BIFAlink</strong> has regularly updated<br />
readers on the STCs, which are a<br />
prerequisite for BIFA membership,<br />
most notably a major re-vamp in<br />
1999, emerging as the 2000 STCs,<br />
and in 2004, heralding the 2005<br />
STCs to reflect changing insurance<br />
legislation.<br />
<strong>International</strong> transport<br />
Issues raised in connection with<br />
international transport conventions<br />
governing each mode could hardly<br />
be described as scintillating, but<br />
they do need to be frontline<br />
<strong>cover</strong>age for an essential trade<br />
publication like <strong>BIFAlink</strong>, which has<br />
stoically reported on the long road<br />
towards a revised UN Convention<br />
on Contracts for the <strong>International</strong><br />
Carriage of Goods Wholly or Partly<br />
by Sea.<br />
The writing was on the wall in<br />
1997 when <strong>BIFAlink</strong> noted US plans<br />
to update its Carriage of Goods by<br />
Sea Act (COGSA) to <strong>cover</strong> door-todoor<br />
transport involving all entities –<br />
including freight forwarders. Not<br />
surprisingly, this multimodal<br />
approach was followed by proposed<br />
changes to the <strong>International</strong><br />
Convention with UN draft proposals<br />
surfacing in 2008 and being adopted<br />
in 2009 as the Rotterdam Rules.<br />
Although the new rules have<br />
been signed by 21 countries, no<br />
national ratifications have yet taken<br />
place. It will need 20 such<br />
ratifications for the Rotterdam Rules<br />
to enter force. There are, as<br />
<strong>BIFAlink</strong> has highlighted, a number<br />
of shortcomings, not least the fact<br />
that the rules are considered far too<br />
complex, create a need for higher<br />
insurance <strong>cover</strong>, lack case law, and<br />
introduce ‘maritime performing<br />
parties’. In consultation meetings<br />
with the Department for Transport,<br />
16 October 2010
we are proud to have been associated with<br />
20 years of <strong>BIFAlink</strong><br />
advising and providing BIFA members with<br />
all their required insurance needs<br />
for more information please contact us<br />
+44 (0) 1628 532613<br />
info@peter-lole.co.uk<br />
Saturn House, Mercury Park, Wycombe Lane, Wooburn Green, Buckinghamshire, HP10 0HH
20thanniversary<br />
www.bifa.org<br />
In 1996 a new system for Channel Tunnel security was based on a code of practice and approved freight operators<br />
❝BIFA has<br />
lobbied the<br />
UK<br />
government<br />
not to sign<br />
the Rotterdm<br />
Rules<br />
convention<br />
❞<br />
BIFA has lobbied the UK<br />
government not to sign the<br />
convention.<br />
It is not always possible to take<br />
such an unequivocal stand.<br />
Sometimes, <strong>BIFAlink</strong> can only<br />
present the facts and leave members<br />
to decide their own course of action.<br />
A case in point in the August 2010<br />
issue was the so-called Maritime<br />
Data Window initiative of the UK<br />
Border Agency.<br />
Following unsuccessful attempts<br />
by the Home Office to mandate the<br />
provision of cargo data on the grounds<br />
of security under the Immigration,<br />
Asylum and Nationality Act, this<br />
voluntary alternative, in the absence<br />
of links between government<br />
systems, is based on forwarders<br />
contributing data from their systems<br />
to the UK Border Agency. The<br />
decision on whether to co-operate<br />
remains with individual forwarders.<br />
Management systems<br />
Not all guidance from <strong>BIFAlink</strong> has<br />
been at the behest of authorities,<br />
and the forwarding industry itself<br />
has been in the driving seat of<br />
change, especially in the case of<br />
structured quality management<br />
systems, which were an innovation<br />
in 1990.<br />
Early <strong>BIFAlink</strong> issues show<br />
forwarders in the vanguard of the<br />
wave of registration for the BS 5750<br />
standard and the subsequent ISO<br />
9000 series. In response to BIFA<br />
guidelines, which had attracted no<br />
less than 2,000 enquiries, the first<br />
successful accreditations were noted<br />
in 1991 comprising Freelance<br />
Airfreight, Sovereign <strong>International</strong><br />
<strong>Freight</strong>, Hay Pollock Airfreight,<br />
Ferry <strong>Freight</strong>ing, Anglo Peninsular<br />
Services, P&O Containers UK<br />
Agency, Cinque Ports <strong>Freight</strong><br />
Services, Uniex Transport, RW<br />
<strong>Freight</strong> Services, and BIFA’s oldest<br />
company member which celebrated<br />
its 200th anniversary two years later,<br />
Bahr Behrend.<br />
Just as some issues are detected<br />
on the horizon years before they are<br />
enshrined into legislation, or<br />
procedures affecting the movement<br />
of freight, there are events that<br />
cannot be predicted and on which<br />
the need for information has to be<br />
urgently digested and passed on<br />
through <strong>BIFAlink</strong>.<br />
Typical was the prevalence of the<br />
so-called ‘carousel’ fraud that came<br />
to light in 2006 with the potential for<br />
forwarders to get caught up as<br />
“buffers” in the holding of low<br />
weight, high value goods such as<br />
computer chips and mobile phones<br />
repeatedly transacted over a short<br />
time and involving VAT evasion.<br />
This evasion, running into billions of<br />
pounds of losses, hit the UK<br />
Treasury with a double whammy:<br />
not only did the ‘missing trader’ not<br />
pass back the VAT he had collected<br />
from subsequent sales, but on<br />
export, the final UK trader reclaimed<br />
the VAT he had already paid.<br />
Improving utilisation<br />
For expanding cargo, load matching and<br />
evaluation website ARGOS Cargo System<br />
(www.argostrt.com), which is about to<br />
break into the UK market following a<br />
successful Spanish launch, <strong>BIFAlink</strong>’s<br />
value lies in its highlighting of operational<br />
and commercial challenges.<br />
Issues such as utilisation of equipment<br />
and, increasingly, the need to operate<br />
within environmental constraints, have<br />
been appreciated by ARGOS, especially<br />
as overcoming these problems are two of<br />
the essential facets of the service, which<br />
has been in development for four years<br />
ADVERTORIAL<br />
and follows a €1 million investment by its<br />
founders – a group of logistics and<br />
transport professionals.<br />
ARGOS will be available for trials by UK<br />
forwarders in October, simultaneous with<br />
its expansion into France, Germany and<br />
Italy. For an investment of €150 a month,<br />
companies will have unlimited access to<br />
the service, which offers simultaneous<br />
translation between various languages<br />
and a quality evaluation facility.<br />
In creating an awareness of issues,<br />
<strong>BIFAlink</strong> becomes a very interesting<br />
vehicle for ARGOS. “When you read<br />
about companies that are having<br />
problems you can see that they need<br />
solutions,” explained UK director Kerry<br />
Sidhu. “We have looked at all of the<br />
problems that companies are<br />
experiencing and we want to make it<br />
better for them. Some 30% of vehicles on<br />
the roads are running empty and if we can<br />
help companies get return loads, that is<br />
going to save on carbon emissions,” she<br />
explained.<br />
Another benefit in having lines of<br />
communication through a publication like<br />
<strong>BIFAlink</strong> is access to an audience of<br />
quality as well as quantity.<br />
“That is important to us,” added Ms<br />
Sidhu. ■<br />
18 October 2010
20thanniversary<br />
www.bifa.org<br />
In another example of provision<br />
of urgent information, the concept of<br />
General Average was explained<br />
relating to insurance claims<br />
following the beaching of the<br />
containership MSC Napoli off the<br />
Devon coast early in 2007.<br />
Other topical <strong>cover</strong>age has<br />
included the forwarding industry’s<br />
social responsibility in fostering a<br />
cleaner environment and dealing<br />
with the export of waste.<br />
The thorny subject of forwarder<br />
licensing surfaces from time to time<br />
and the role and training of the<br />
Dangerous Goods Safety Adviser has<br />
featured over the years, as has the<br />
training relating to the handling of<br />
dangerous cargo for all the various<br />
transport modes.<br />
e-freight<br />
Paperless trading has also been<br />
addressed, particularly IATA’s<br />
e-freight initiative, as has the UK’s<br />
draft National Policy Statement for<br />
Ports, with <strong>BIFAlink</strong>’s concern that<br />
UK ports need to develop to retain<br />
their status as main line ports of call,<br />
especially given the tendency towards<br />
larger vessels, ‘slow steaming’, and<br />
rationalisation of port calls.<br />
During the 20 years, <strong>BIFAlink</strong> has<br />
flagged the widening range of<br />
services that BIFA offers to its<br />
members, as well as seeking<br />
exposure for the forwarding industry<br />
per se through initiatives such as the<br />
<strong>Freight</strong> Service Awards.<br />
One of the prime tools of<br />
❝Comprehensive<br />
levels of<br />
training are<br />
the lifeblood<br />
of any<br />
industry or<br />
association<br />
that stands<br />
the test of<br />
time, as it<br />
must attract<br />
the young,<br />
with their<br />
fresh ideas<br />
and<br />
approaches.<br />
❞<br />
communication today is the<br />
Internet. The first reference to the<br />
BIFA role in developing services is<br />
found in 1995, with the website<br />
www.bifa.org launched early in<br />
1997, progressively updated, and<br />
enhanced into a dynamic resource<br />
for both industry and BIFA news,<br />
but retaining the original links for<br />
directory-type information and<br />
published resources.<br />
<strong>BIFAlink</strong> has keenly portrayed<br />
the industry’s professionalism. Its<br />
pages have witnessed development<br />
of the Code of Conduct, the<br />
introduction of the Guide to<br />
Logistics Agreements in 2006 to<br />
assist members formulating their<br />
own customer contracts, and<br />
changing BIFA membership criteria,<br />
most recently in 2007, when<br />
applications from all new companies<br />
seeking membership were accepted<br />
only as Probationary Trading<br />
Members. To advance to Registered<br />
Trading Member (RTM) status it<br />
became necessary to demonstrate<br />
levels of competency and training to<br />
a BIFA auditor.<br />
A comprehensive training<br />
programme for both new entrants and<br />
those seeking Continuous Professional<br />
Development (CPD), with an everwidening<br />
course scope, certainly aids<br />
professionalism and an in-depth<br />
understanding of the business.<br />
<strong>BIFAlink</strong> highlighted the fact that<br />
over 1,000 people were trained in<br />
2004, the same year that BTEC<br />
approval was gained for some of<br />
BIFA’s courses. By 2009, delegate<br />
numbers had reached 2,000.<br />
Co-operation with the logistics<br />
sector’s skills council, Skills for<br />
Logistics, followed with a view to<br />
new National Occupational<br />
Standards (NOS) for the industry.<br />
Training<br />
Comprehensive levels of training are<br />
the lifeblood of any industry or<br />
association that stands the test of<br />
time, as it must attract the young,<br />
with their fresh ideas and<br />
approaches.<br />
In this respect, <strong>BIFAlink</strong> reported<br />
in 1998 the start of the Young<br />
<strong>Freight</strong> Forwarder of the Year<br />
Award, launched at the FIATA<br />
World Congress in Sydney with the<br />
aim of recognising and encouraging<br />
the industry’s new talent. It has<br />
become a star event on the calendar,<br />
featuring candidates pre-qualified as<br />
national award winners going on to<br />
the global stage.<br />
As part of a <strong>BIFAlink</strong> profile this<br />
year, one of the 2009 UK Young<br />
<strong>Freight</strong> Forwarder of the Year<br />
finalists, James Crosby from Damco,<br />
told journalist Giles Large of the<br />
reasoning behind his desire to work<br />
overseas to further his knowledge. “I<br />
do not want to become one of those<br />
people who becomes stale, and this<br />
industry is changing so much and so<br />
quickly,” he commented.<br />
With such zest from the new<br />
generation, the next 20 years look<br />
pretty encouraging for <strong>BIFAlink</strong>. ■<br />
20 October 2010
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Bribery Act set to clean up standards<br />
The Bribery Act comes into force in April next year, with implications for<br />
all companies that provide ‘hospitality’ for clients. Here Mundays<br />
Solicitors outlines the key points of the Act, and discusses how<br />
companies should go about protecting themselves<br />
The Bribery Bill, which has been<br />
before parliament in its various<br />
guises over the last 12 months,<br />
received royal assent on 8 April 2010<br />
to become the Bribery Act 2010 (the<br />
Act). The Ministry of Justice<br />
announced on 20 July 2010 two key<br />
dates:<br />
● September 2010: the launch of a<br />
consultation on proposed guidance<br />
on “adequate procedures”<br />
that commercial organisations<br />
may put in place as a defence to a<br />
charge of failing to prevent<br />
bribery;<br />
● That the Act will come into force<br />
in April 2011.<br />
It is now imperative that businesses<br />
undertake a review of their<br />
internal policies and procedures to<br />
ensure they will be compliant with<br />
the Act.<br />
Set out below are details of the<br />
new offences and some general practical<br />
considerations. In all cases, it is<br />
no substitute for taking specific legal<br />
advice. Mundays will be preparing a<br />
memorandum for boards of directors<br />
on the Bribery Act in due course.<br />
The offences<br />
Offering to bribe<br />
Section 1 of the Act relates to<br />
offences committed by the person<br />
offering a bribe. A person will be<br />
guilty of an offence under this section<br />
if he offers, promises or gives a<br />
“financial or other advantage” to<br />
another and either:<br />
● Intends to induce (or reward) that<br />
other person to perform improperly<br />
a “relevant function or activity”;<br />
or<br />
● Knows or believes that the<br />
acceptance of the advantage<br />
would in itself be improper performance<br />
of a “relevant function<br />
or activity”.<br />
The act does not define “financial<br />
or other advantage”, although it<br />
would clearly include cash. It might<br />
also include what many businesses<br />
would consider to be normal hospitality.<br />
In relation to all offences under<br />
the Act, the legislation is drafted in<br />
such a way that it is an offence<br />
whether the offer is made directly or<br />
via an intermediary. It is also an<br />
offence to offer (or if the recipient<br />
directs) payment to a third party.<br />
Being bribed<br />
Under section 2 of the Act it is also<br />
an offence to request, agree to<br />
receive, or accept a financial or other<br />
advantage in connection with the<br />
improper performance of a relevant<br />
function or activity.<br />
A relevant function or<br />
activity<br />
Under the Act, it does not matter<br />
where the function or activity is performed<br />
or whether there is any connection<br />
to the UK.<br />
However, in order to be classed<br />
as a “relevant function or activity”,<br />
the function or activity must fall into<br />
one of the following categories:<br />
● Any function of a public nature;<br />
● Any activity connected with business;<br />
● Any activity performed in the<br />
course of a person’s employment;<br />
● Any activity performed by, or on<br />
behalf of, a body of persons (for<br />
example a company).<br />
In addition, one of the following<br />
conditions must apply:<br />
A) an expectation that the function<br />
or activity will be carried out in<br />
good faith;<br />
B) an expectation that the function<br />
or activity will be carried out<br />
impartially; or<br />
C) the person performing the<br />
function or activity is in a position of<br />
trust by virtue of performing it.<br />
Improper performance<br />
Improper performance is defined at<br />
section 4 of the Act as performance<br />
(or for that matter, non-performance)<br />
in breach of one of the conditions<br />
above.<br />
In the case of condition C, the<br />
position of trust itself will create<br />
expectations as to the manner of<br />
performance of the act or function.<br />
Improper performance is performance<br />
in breach of those expectations.<br />
The standard to be applied is that<br />
of what a reasonable person in the<br />
UK might expect of a person performing<br />
such a function or activity.<br />
It should be noted that, in the case<br />
of alleged bribery overseas, any local<br />
practices or customs will be disregarded<br />
unless they form part of the<br />
written law in that jurisdiction.<br />
Foreign public officials<br />
There is a further offence relating to<br />
the bribery of a foreign public official<br />
under section 6. Whilst similar<br />
to the general offence under section<br />
1, the person offering the bribe must<br />
intend to influence the official in his<br />
capacity as a public official in order<br />
to gain business or an advantage in<br />
business.<br />
There is no reference to<br />
“improper performance”; it is sufficient<br />
to show that the intent was to<br />
influence the public official in the<br />
exercise of his public functions. This<br />
section will be of particular concern<br />
to international operations, whose<br />
normal corporate hospitality might<br />
now be considered an offence. As<br />
above, local practices or customs will<br />
be disregarded, except to the extent<br />
that they are contained within the<br />
written law of the territory in question.<br />
Until some actual prosecutions<br />
occur, it is difficult to advise with a<br />
degree of certainty what is meant to<br />
be <strong>cover</strong>ed by this legislation and<br />
what prosecutors will regard as outside<br />
their scope.<br />
The corporate offence<br />
Section 7 of the Act introduces a<br />
strict liability offence for businesses<br />
that fail to prevent bribery. A “relevant<br />
commercial organisation” will<br />
be guilty of an offence where any<br />
22 October 2010
www.bifa.org<br />
legaleagle<br />
person associated with it commits<br />
one of the above offences in an<br />
attempt to gain an advantage for the<br />
organisation. A “relevant commercial<br />
organisation” will include any company<br />
incorporated, or partnership<br />
formed, in the UK or any company<br />
or partnership, wherever incorporated<br />
or formed, which conducts<br />
business in the UK.<br />
An associated person will be anyone<br />
who performs services for, or on<br />
behalf of, the organisation, in whatever<br />
capacity. This will include not<br />
only officers and employees, but also<br />
agents, associates, contractors and<br />
subsidiaries. In the case of employees,<br />
there will be a presumption that<br />
the individual performs services for<br />
the organisation.<br />
The only defence available to an<br />
organisation under this part is to<br />
show that it has adequate procedures<br />
in place designed to prevent<br />
bribery.<br />
Territorial scope<br />
The Act applies to any act in the<br />
UK, or elsewhere, provided that the<br />
person concerned has a “close connection”<br />
to the UK. A “close connection”<br />
will include any <strong>British</strong> citizen,<br />
UK resident or company<br />
incorporated in the UK.<br />
The corporate offence under section<br />
7 will apply regardless of where<br />
the offence is committed.<br />
Penalties<br />
An individual who commits an<br />
offence can face up to 10 years’<br />
imprisonment, a fine, or both.<br />
A company found guilty of the<br />
offence of failing to prevent bribery<br />
under section 7 will face an unlimited<br />
fine. The company may also<br />
find itself barred from applying for<br />
government contracts.<br />
Practical guidance<br />
The corporate offence is clearly of<br />
significant concern to all businesses<br />
in the UK and UK businesses working<br />
abroad. What may have been<br />
considered ordinary hospitality may<br />
now be an offence under the Act,<br />
leaving the company open to a<br />
potentially unlimited fine and putting<br />
lucrative government contracts<br />
at risk.<br />
In order to reduce this risk, all<br />
companies should:<br />
● Put in place a clear policy on gifts<br />
and hospitality, making clear<br />
what is, and is not, acceptable;<br />
● Train staff and issue guidance on<br />
the effect and the offences under<br />
the Act; and<br />
● Put in place procedures to monitor<br />
and report issues relating to<br />
bribery.<br />
In all cases, companies should<br />
seek legal advice to review and<br />
update their existing procedures.<br />
Adequate procedures offer the only<br />
Regulations<br />
concerning foreign<br />
public officials will<br />
be of particular<br />
concern to<br />
international<br />
operations, whose<br />
normal corporate<br />
hospitality might<br />
now be considered<br />
an offence<br />
defence to the corporate offence of<br />
failing to prevent bribery, and a<br />
business will be left exposed if its<br />
policies are not up to date.<br />
At present, guidance as to what<br />
might constitute “adequate procedures”<br />
is limited. The secretary of<br />
state is required by section 9 of the<br />
Act to publish guidance, and it is<br />
expected that this will follow the<br />
consultation exercise referred to<br />
above.<br />
It is understood that the Ministry<br />
of Justice intends to release its guidance<br />
in early 2011 to allow organisations<br />
time to familiarise themselves<br />
before the Act comes into force.<br />
However, the Serious Fraud<br />
Office (SFO), which will deal with<br />
issues of bribery overseas, published<br />
some guidance last year on its<br />
approach to tackling overseas corruption.<br />
The SFO is suggesting a<br />
regime of ‘self-reporting’, which<br />
suggests that companies will require<br />
clear policies, procedures, training,<br />
oversight and accountability to<br />
ensure compliance. ■<br />
BIFA is grateful to BIFA associate<br />
member Mundays Solicitors for<br />
providing this article.<br />
For more information, please<br />
contact Phil Walton on 01932<br />
590 500 or at<br />
philip.walton@mundays.co.uk.<br />
October 2010 23
tradeservices<br />
Is the maritime sector<br />
facing stricter regulation?<br />
Liner cartels were outlawed by the EC in 2008... but some observers<br />
believe that price fixing still goes on. While governments have so far<br />
stopped short of further regulation, they may eventually be forced to act<br />
In October 2008, as a result of legal<br />
action brought by the European<br />
Commission (EC), the Far Eastern<br />
<strong>Freight</strong> and the Trans Atlantic<br />
Conferences were outlawed.<br />
The maritime industry had vigorously<br />
defended its antitrust immunity<br />
and fought to save the conference<br />
system. By the time that they<br />
were finally dissolved these cartels<br />
had largely lost their market authority,<br />
and the market had largely<br />
adjusted to a new situation in which<br />
there was no exemption from competition<br />
legislation.<br />
However, there remains concern,<br />
which is particularly strongly<br />
expressed in the Far East, that certain<br />
abuses of the system remain,<br />
and the lines are still subject to<br />
investigation in the USA and EU.<br />
Additionally, at a domestic level,<br />
the Office of Fair Trading is investigating<br />
our port industry. Certainly,<br />
the immediate post-conference<br />
world is an interesting time and<br />
there does seem to be some appetite<br />
for tighter controls of the maritime<br />
sector on both sides of the Atlantic.<br />
Allegations<br />
Bearing in mind the rapid eastward<br />
shift in the balance of economic<br />
power, the criticism of the lines by<br />
John Lu, chairman of the Asian<br />
Shippers’ Council, is particularly<br />
noteworthy. He has alleged that<br />
recent rate increases on key trades<br />
from Asia to Europe and the US<br />
have been engineered by the shipping<br />
lines.<br />
He is quoted as saying:“<strong>Freight</strong><br />
rates have been going up artificially<br />
for so many months… because… of<br />
the actions of the shipping lines<br />
rather than market forces.”<br />
Mr Lu observed that actual shipping<br />
capacity is still in oversupply.<br />
However lay-ups and slow steaming,<br />
which he alleges amounts to collective<br />
action, have created an artificial<br />
shortage, although he acknowledged<br />
that it is very hard to prove the allegation.<br />
Shipping lines would counter that<br />
they have all faced similar problems<br />
with similar solutions during the<br />
recent recession. A balance between<br />
demand and supply had to be<br />
restored in 2008/2009, which was<br />
achieved by mothballing and scrapping<br />
surplus capacity, and also introducing<br />
slow steaming.<br />
Recent rate increases have<br />
attracted much interest and comment,<br />
particularly as they occurred<br />
when much of the global economy<br />
was still struggling. It should also be<br />
pointed out that airfreight has experienced<br />
similar sharp rate rises during<br />
the peak seasons. Also it could<br />
be argued that the recent inability of<br />
the shipping line to apply peak season<br />
surcharges indicates that they<br />
are at the mercy of the market, at<br />
least in the longer term<br />
Many legal experts are advising<br />
shipowners to carefully monitor<br />
developments in the aviation and<br />
freight forwarding industries, both of<br />
which are being investigated by<br />
antitrust agencies. It is argued that<br />
freight rate surcharges and measures<br />
to reduce capacity could be viewed<br />
as suspicious by the regulators. Ian<br />
Giles of Norton Rose has highlighted<br />
that announcements by carriers<br />
regarding ancillary rate increases<br />
or future sailing speeds could be<br />
seen as leading.<br />
Many observers believe if a complaint<br />
were made in Brussels that a<br />
case could probably be constructed<br />
alleging breaches of antitrust legislation.<br />
The challenge facing the regulators<br />
would be to decide whether,<br />
faced by the worst economic and<br />
shipping crisis in living memory, it<br />
was acceptable for lines to follow the<br />
leader by introducing rates increases<br />
or reducing supply.<br />
Complaints<br />
Following complaints from shippers<br />
about space and container shortages,<br />
the Federal Maritime Commission<br />
(FMC) conducted a fact-finding<br />
exercise. Cargo bookings under<br />
existing contracts had been cancelled<br />
or rolled.<br />
The FMC’s conclusion was that<br />
increased volumes coinciding with<br />
capacity reductions lead to a<br />
demand/supply imbalance. While<br />
the FMC accepted that it had no<br />
power to force carriers to increase<br />
vessel capacity, it did establish<br />
teams to resolve disputes between<br />
carriers and US shippers regarding<br />
vessel and equipment availability,<br />
cancelled bookings, and rolled cargo<br />
and other matters that may require<br />
resolution. Additionally, the FMC<br />
plans to organise best practice discussions<br />
between shippers and lines<br />
to resolve these ongoing problems.<br />
The Wall Street Journal reported<br />
in June that the EC was launching<br />
an investigation into whether the<br />
24 October 2010
tradeservices<br />
largest lines had engaged in price<br />
fixing. Significantly the responsibility<br />
for investigating price fixing has<br />
been transferred from the transport<br />
to competition directorate. The<br />
competition directorate is more<br />
likely to apply the strict letter of the<br />
Support your<br />
local member<br />
group<br />
BIFA holds regional member meetings<br />
around the UK and here are some due to<br />
occur soon. If you would like to attend<br />
and find out more about BIFA and what<br />
we do, why not contact your regional<br />
representative. Full contact details are on<br />
the BIFA website www.bifa.org in the<br />
Contacts section.<br />
All BIFA members are entitled and<br />
encouraged to attend their regional<br />
meetings. However pre-booking is<br />
essential. ■<br />
Contact your BIFA regional<br />
representative at www.bifa.org<br />
law to any investigations relating to<br />
breaches of competition legislation<br />
than the transport directorate. In the<br />
past there have been cases where<br />
the latter has been more willing to<br />
interpret the law more flexibly.<br />
Prompted by the potential sale of<br />
BIFA members<br />
have complained of<br />
unfair charges<br />
incurred when ports<br />
have been closed<br />
due to adverse<br />
weather<br />
the Trust Ports, and particularly the<br />
Port of Dover, the Office of Fair<br />
Trading (OFT) has launched an<br />
investigation to establish whether<br />
there is a link between types of<br />
ownership and the manner in which<br />
companies conduct their business,<br />
including how they treat their customers.<br />
BIFA has attended two meetings<br />
at the OFT’s London offices at<br />
which members’ complaints were<br />
discussed regarding lack of service<br />
and also unfair charges incurred<br />
when ports have been closed due to<br />
adverse weather.<br />
The OFT noted that ports,<br />
unlike airports, were not regulated<br />
and that some form of monitoring<br />
may be appropriate<br />
While it is important to acknowledge<br />
and recognise the vital role that<br />
the maritime sector plays in the UK<br />
trade and the wider economy, there<br />
are still concerns expressed by shippers<br />
and solicitors about certain<br />
aspects of its conduct. The lines successfully<br />
reduced capacity and<br />
forced up rates when the rest of the<br />
world was still in recession – attracting<br />
considerable criticism from shippers<br />
and importers across the globe.<br />
Governments have investigated<br />
the situation and, while to date no<br />
wrong doing has been dis<strong>cover</strong>ed,<br />
have introduced controls that<br />
stopped short of increased regulation<br />
– but the question has to be for<br />
how long? ■<br />
Region Date Time Venue BIFA Contact<br />
West London Thurs 21 October 14.00 Redfern House, Feltham Colin Young<br />
ACAE & Members meeting<br />
Manchester Tues 9 November 10.30 Premier Inn, Paul Young<br />
Members meeting<br />
Manchester Airport<br />
Midlands Wed 10 November 10.30 Office of East Paul Young<br />
Members meeting<br />
Midlands Airport<br />
Liverpool Thurs 11 November 10.30 Peel Ports, Paul Young<br />
Members meeting<br />
The Maritime Centre<br />
Stansted Wed 17 November 11.30 LSC, Stansted Colin Young<br />
ACAE & Members meeting<br />
Glasgow Thurs 18 November TBA Venue – TBA Alph Forrest<br />
Members meeting<br />
Gatwick Thurs18 November 12.30 Timberham House Colin Young<br />
ACAE & Members meeting<br />
London East Tues 23 November 14.00 DP World London Gateway Nigel Peall<br />
Members meeting<br />
Anglia Wed 24 November 10.00 Holiday Inn, Orwell Ipswich Nigel Peall<br />
Members meeting<br />
Solent Wed 24 November 08.00 The Duke of Wellington Colin Young<br />
Members meeting<br />
West London Thurs 25 November 14.00 Redfern House Colin Young<br />
ACAE & Members meeting<br />
October 2010 25
BIFA award winnerprofile<br />
www.bifa.org<br />
Panprojects in Caspian Sea triumph<br />
Panprojects won BIFA’s Project<br />
Forwarding award for its heavy lift<br />
projects around the Caspian Sea<br />
A Panprojects<br />
heavy lift<br />
operation<br />
Panprojects, the wholly owned<br />
subsidiary of Panalpina World<br />
Transport, won the Project<br />
Forwarding award at BIFA’s 21st<br />
Awards Ceremony.<br />
This was the second time in a<br />
matter of months that the company’s<br />
excellence in project forwarding had<br />
been recognised as, in October last<br />
year, Panprojects also won the IFW<br />
Project Forwarder of the Year award.<br />
The submission to both concentrated<br />
on its projects in the Caspian<br />
Sea, detailing the investment the<br />
group had made both as Panprojects<br />
and through Panalpina’s local operations<br />
in the region since 2004.<br />
Operating on behalf of a consortium<br />
of oil companies, the company<br />
designed two special ro-ro ‘landing<br />
craft-type’ barges, which were built<br />
on the Volga River and put in place<br />
the equipment and tractor units to<br />
support 44-axle lines of heavy duty<br />
modular trailers.<br />
“We were able to demonstrate to<br />
our client that it could save a lot of<br />
money by moving its out-of-gauge<br />
cargo by a particular route, which<br />
involved moving up the Ural River<br />
to where we had designed and built<br />
a special ro-ro jetty,” states Chris<br />
Kent, the recently appointed Global<br />
Head of Panprojects.<br />
Processing plant<br />
“We also built bypasses and temporary<br />
roads along a 52 km route to go<br />
to the job site, where the consortium<br />
is building a processing plant for the<br />
oil that comes ashore by pipeline<br />
from offshore wells.”<br />
Cargo was transhipped onto the<br />
barges in Astrakhan, using equipment<br />
and cranes hired from Mammoet.<br />
This enabled Panprojects to<br />
maximise the turnaround, rather<br />
than sailing all the way from the<br />
connections to the international<br />
waterways. Panprojects delivered 88<br />
special out-of-gauge items to the<br />
site, including one piece weighing<br />
657 tonnes, in one river shipping<br />
season. It has also been delivering<br />
modules of up to 2,800 tonnes to the<br />
offshore sites where the consortium<br />
is drilling for oil. This has been done<br />
by means of wet-towing the modules,<br />
which were built in a hull, from<br />
countries such as Norway, Dubai<br />
and Italy. The units had to fit the<br />
maximum envelope of the Volga-<br />
Don and Volga-Volt shipping route:<br />
16 m high and wide and 160 m long.<br />
In addition, it moved 65,000 tonnes<br />
of pipe to connect the offshore and<br />
onshore sites.<br />
There is a six-month window<br />
each year, from April to October,<br />
and the Ural River has “some interesting<br />
difficulties to overcome”. At<br />
the start of each year, the river is full<br />
of ice melt from Siberia and water<br />
levels are consequently high, but the<br />
levels drop quite dramatically<br />
towards the end of the season. As<br />
such, the barges had to be built to<br />
overcome these difficulties; to be<br />
shallow draught for the end of the<br />
season but also able to go deep<br />
under the bridges, where there is an<br />
8 m height restriction, while carrying<br />
Kent: We were<br />
able to<br />
demonstrate to<br />
our client that<br />
they could save a<br />
lot of money by<br />
moving their<br />
out-of-gauge<br />
cargo by a<br />
particular route.<br />
cargo that is over 6 m tall.<br />
The barges also have the ability<br />
to flood-down so that cargo can be<br />
floated into them. This has enabled<br />
Panprojects to use the barges for<br />
moving special rescue vessels,<br />
known as IBEEVs (ice-breaking<br />
emergency evacuation vessels) into<br />
the Caspian for offshore drilling<br />
operations.<br />
Savings<br />
The barges are fully committed<br />
until October and there is an option<br />
to extend for a further year. “The<br />
method of delivering the heavy lifts<br />
by building the barges has saved significant<br />
sums, when compared with<br />
other options, and allowed the client<br />
to maximise the shipping envelope,”<br />
declares Kent.<br />
Among the options was to build a<br />
road across an expanse of marshland,<br />
which would have had environmental<br />
problems, while another possibility<br />
was to build hover-barges, but<br />
the budget was not sustainable.<br />
The project is now nearing the<br />
end of the experimental programme.<br />
The next phase will be substantially<br />
bigger.<br />
Panprojects is a standalone division<br />
within the Panalpina group,<br />
making it one of the few global project<br />
forwarders to have separate<br />
reporting and not be integrated into<br />
all the other operations. It has one<br />
head and a separate budget, with<br />
Kent reporting directly to the chief<br />
executive of Panalpina. ■<br />
26 October 2010
www.bifa.org<br />
awards<br />
Graham Poll to host 2010 awards<br />
BIFA is pleased to announce the guest speaker and host for this<br />
year’s Awards luncheon ceremony: Graham Poll (pictured),<br />
former football referee, TV pundit and newspaper columnist.<br />
As well as addressing guests with a brief after-lunch speech,<br />
Graham will present all award finalists with their certificates, and<br />
the lucky winners with their crystal glass trophies.<br />
Graham Poll is probably the best known and most<br />
experienced English referee of all time. A footballing legend with<br />
26 years’ experience, and a career that spanned 1,544 matches,<br />
he was regarded as one of the most prominent referees in the<br />
Premiership, often taking charge of the highest profile games. As<br />
well as refereeing the 2005 UEFA Cup Final, he was the English<br />
representative at two World Cups and UEFA Euro 2000.<br />
Since retiring from refereeing in May 2007, Graham has<br />
concentrated most of his time on media work. Among other<br />
engagements, he offers regular insights on both BBC Radio 5<br />
Live and TalkSport, and is a columnist with The Daily Mail.<br />
As a book writer, Graham published his autobiography,<br />
Seeing Red, in 2007, and in 2009 a second book entitled Geoff<br />
Hurst and the Hand of God.<br />
Graham Poll began his career in sales, originally with Canon,<br />
quickly progressing to managing an expanding sales force at<br />
Coty. Graham has developed an excellent reputation as a<br />
celebrity speaker and host by combining his experiences in<br />
commercial sales with top level sport.<br />
The date for the BIFA Awards luncheon ceremony, to be held<br />
at the Brewery, London EC1, is Thursday 20 January 2011. ■<br />
Tickets are available for purchase online at:<br />
www.bifa.org/awards > Book Tickets<br />
The judges are out<br />
October is the month when the<br />
finalists and winners of this<br />
year’s BIFA <strong>Freight</strong> Service<br />
Awards are chosen, both for the<br />
Young <strong>Freight</strong> Forwarder Award and<br />
other award categories.<br />
Young <strong>Freight</strong> Forwarder<br />
Award<br />
A preliminary judges’ meeting will<br />
take place in mid-October to select<br />
four finalists for this category of the<br />
competition. This judging panel is<br />
made up of three senior<br />
representatives from the BIFA<br />
Secretariat.<br />
At this first stage the judges will<br />
review entries based on the<br />
candidate’s range of experience and<br />
their written article on the subject<br />
of: How do you expect the logistics<br />
industry to change and develop at the<br />
start of this new decade?<br />
All entrants will be notified in<br />
writing whether they have made the<br />
finalists’ shortlist.<br />
At stage two, finalists will be<br />
invited to a face-to-face interview in<br />
mid-November with the main<br />
judging panel to discuss their career<br />
achievements to date, as well as<br />
their future goals and ambitions.<br />
The Young <strong>Freight</strong> Forwarder<br />
Award main judging panel comprises<br />
two senior representatives of the<br />
BIFA Secretariat, together with a<br />
representative from the category<br />
sponsor Johnson Stevens Agencies.<br />
One winner will be chosen, to be<br />
announced at the BIFA Awards<br />
Ceremony Luncheon on Thursday<br />
20 January 2011.<br />
All awards<br />
A preliminary judges’ meeting will<br />
take place in mid-October to select<br />
four finalists in each of the eight<br />
award categories: Air <strong>Freight</strong>;<br />
Environment; European Logistics;<br />
Ocean <strong>Freight</strong>; Project Forwarding;<br />
Special Services; Staff<br />
Development, and Supply Chain<br />
Management.<br />
This judging panel is made up of<br />
three senior representatives from the<br />
BIFA Secretariat. All entrants will<br />
be notified in writing whether they<br />
have made the finalists’ shortlist.<br />
In early November, the main<br />
awards judging panel will convene at<br />
a second judges’ meeting to review<br />
the finalists’ submissions, and select<br />
a winner for each category. The<br />
panel will consist of two senior<br />
representatives of the BIFA<br />
Secretariat, together with a couple of<br />
independent industry experts, and<br />
representatives from sponsor<br />
companies, namely: Albacore<br />
Systems, BoxTop Technologies,<br />
<strong>British</strong> Airways World Cargo,<br />
CargoWise, Forward Computers,<br />
Maersk Line and TT Club. ■<br />
The names of the judges on both<br />
main judging panels will be<br />
announced on the BIFA Awards<br />
website at: www.bifa.org/awards<br />
> Judging<br />
October 2010 27
training<br />
www.bifa.org<br />
Training Courses: November 2010-January 2011*<br />
AVIATION SECURITY<br />
Air Cargo Security Level A – General Awareness<br />
2 November London, Feltham<br />
8 November London, Feltham<br />
16 November London, Feltham<br />
25 November London, Feltham<br />
6 December London, Feltham<br />
14 December London, Feltham<br />
13 January London, Feltham<br />
24 January London, Feltham<br />
Air Cargo Security Level B - Drivers<br />
As Level A – General Awareness<br />
Air Cargo Security Level D – Handling & Preparation<br />
of Air Cargo<br />
As Level A – General Awareness<br />
Air Cargo Security Level E – Screening of Air Cargo<br />
Screening by physical examination only, x-ray training<br />
not included<br />
15-16 November London, Feltham<br />
7-8 December London, Feltham<br />
17-18 January London, Feltham<br />
Air Cargo Security Level F – Security Supervisor<br />
As Level E – Screening of Air Cargo<br />
Air Cargo Security Level G – Security Manager<br />
15-17 November London, Feltham<br />
7-9 December London, Feltham<br />
17-19 January London, Feltham<br />
Air Cargo Security – Refresher Levels D and E<br />
(for holders of old syllabus Level 1 certificates<br />
approaching expiry)<br />
10 November London, Feltham<br />
13 December London, Feltham<br />
10 January London, Feltham<br />
Air Cargo Security – Refresher Levels F and G<br />
(for holders of old syllabus Level 2 or Level 3 certificates<br />
approaching expiry)<br />
22 November London, Feltham<br />
14 December London, Feltham<br />
27 January London, Feltham<br />
Aviation Security Cargo X-Ray Operator<br />
Available as an in-house course, contact BIFA to<br />
schedule a date<br />
Aviation Security NXCT<br />
NB – test session only – no training takes place<br />
1 November London, Feltham<br />
24 November London, Feltham<br />
13 December London, Feltham<br />
17 January London, Feltham<br />
CUSTOMS PROCEDURES<br />
Customs Procedures for Export Cargo (CM1)<br />
15 November Birmingham<br />
17 November London, Feltham<br />
Customs Procedures for Import Cargo (CM2)<br />
15 November Birmingham<br />
18 November London, Feltham<br />
BTEC Intermediate Award in Customs Export &<br />
Import Procedures (CM3)<br />
Commencing 7 October<br />
London, Feltham<br />
Commencing 11 January<br />
London, Feltham<br />
Diploma in Customs Management (CM4)<br />
Two-day optional add-on to CM3<br />
See www.bifa.org for forthcoming dates<br />
BTEC Intermediate Award in Customs Import Entry &<br />
Procedures (CM5)<br />
Commencing 11 October<br />
London, Feltham<br />
DANGEROUS GOODS<br />
Dangerous Goods by Air (DGA1)<br />
1-3 November Birmingham<br />
8-10 November London, Feltham<br />
15-17 November Manchester<br />
6-8 December London, Feltham<br />
10-12 January Manchester<br />
10-12 January London, Feltham<br />
17-19 January Birmingham<br />
31 January – 2 February Glasgow<br />
31 January – 2 February Leeds Bradford<br />
Dangerous Goods by Air – Revalidation (DGA2)<br />
4-5 November Birmingham<br />
11-12 November London, Feltham<br />
18-19 November Manchester<br />
10-11 December London, Feltham<br />
13-14 January Manchester<br />
13-14 January London, Feltham<br />
20-21 January Birmingham<br />
Dangerous Goods by Road (DGR1)<br />
8-10 November Manchester<br />
24-26 January London, Feltham<br />
Dangerous Goods by Road – Revalidation (DGR2)<br />
Days 2 and 3 of the above Dangerous Goods by Road<br />
course (DGR1)<br />
Dangerous Goods by Sea (DGS1)<br />
11-12 November Manchester<br />
27-28 January London, Feltham<br />
Dangerous Goods Safety Adviser (DGSA)<br />
29 Nov – 3 Dec London, Feltham<br />
Multimodal Dangerous Goods Awareness (DGAW3)<br />
1 December London, Feltham<br />
Radioactive Goods by Air (DGA3)<br />
23-24 November London, Feltham<br />
Radioactive Goods by Air – Revalidation (DGA4)<br />
24 November London, Feltham<br />
Infectious Substances by Air (DGA5)<br />
24 November Heathrow area<br />
Dangerous Goods CFR49 (DG49)<br />
See www.bifa.org for forthcoming dates<br />
FREIGHT FORWARDING<br />
AND INTERNATIONAL<br />
TRADE<br />
Customer Services for the <strong>Freight</strong> Industry (CS5)<br />
Available as an in-house course – contact BIFA Training<br />
Services<br />
Exports for Beginners (EXP1)<br />
31 January London, Feltham<br />
Imports for Beginners (IMP1)<br />
1 February London, Feltham<br />
Introduction to Air Cargo (AC1)<br />
1-5 November London, Feltham<br />
BTEC Intermediate Award in Multimodal <strong>International</strong><br />
<strong>Freight</strong> Procedures (MFT1)<br />
Commencing 12 January<br />
London, Feltham<br />
Diploma in Multimodal <strong>International</strong> <strong>Freight</strong> Procedures<br />
(MFT2)<br />
Two-day optional add-on to MFT1<br />
9 & 23 November London, Feltham<br />
Managing Contracts & Liability using the BIFA STC<br />
*** new course ***<br />
2 November Liverpool<br />
3 November Manchester<br />
4 November Birmingham<br />
9 November Aberdeen<br />
10 November Glasgow<br />
16 November Humber<br />
17 November Yorkshire<br />
22 November Bristol<br />
25 November Felixstowe / Ipswich<br />
26 November London, Feltham<br />
Sea <strong>Freight</strong>: The Basics (SF1)<br />
9 November Manchester<br />
Introduction to Letters of Credit<br />
30 November London, Feltham<br />
HEALTH AND SAFETY<br />
First Aid – Appointed Person (FA1)<br />
See www.bifa.org for forthcoming dates<br />
First Aid – Full 3-day course (FA2)<br />
25-27 October London, Feltham<br />
25-27 January London, Feltham<br />
Health and Safety Overview for Supervisors/ Managers<br />
(HS1)<br />
See www.bifa.org for forthcoming dates<br />
* January 2011 dates – PROVISIONAL<br />
To view course content or to make a booking, go to www.bifa.org and click on training<br />
BIFA is a<br />
member of<br />
28 October 2010