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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


www.bifa.org<br />

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 />

<br />

<br />

<br />

<br />

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October 2010 9


tradeservices<br />

www.bifa.org<br />

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


www.bifa.org<br />

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


www.bifa.org<br />

<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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legaleagle<br />

www.bifa.org<br />

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

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