The following notification is for Trans-Atlantic Export customers only.
Our industry has increasingly experienced chronic delays in receiving all relevant export documentation from shippers in the North American export trade to North Europe, UK, and Scandinavian/Baltic ports. Such delays extend beyond date of sailing and in some cases the availability of the relevant documentation remains outstanding upon arrival at the port of discharge.
These concerns have been under review by TACA Parties, who now consider it necessary to adopt appropriate tariff provisions addressing the timely submission of data for U.S. Export Cargoes, with the objective of promoting greater efficiency in the supply chain system.
Effective June 1st, 2005, the deadline for submission of data for U.S. Exports must be provided to OOCL at least 24 hours prior to ship's loading at each applicable U.S. Port of Loading. OOCL may refuse to load the cargo if data is not provided 24 hours prior to ship's loading. In the event such cargo is not loaded, then any and all costs incurred by OOCL with respect to cargo in its possession including but not limited to inspection, storage, equipment per diem, port demurrage and/or re-delivery costs, shall be the joint and several responsibility of Shipper, the consignee named on the bill of lading and any other person(s) with an interest in such cargo (collectively, "Merchant").
DOCUMENTATION FOR U.S. EXPORT CARGOES
(a) Deadline for Submission of Data for U.S. Export Cargoes.
To avoid the imposition of penalties on Carrier by U.S. authorities, to minimize the cost of document preparation, to avoid disruption to Carrier's stevedoring and vessel loading operations, and to preserve schedule integrity, the shipper named on the bill of lading or its agent ("Shipper") must provide the following information to Carrier at least 24 hours prior to ship's loading at each applicable US Port of Loading:
(i) Name and address of Shipper
(ii) Name and address of consignee
(iii) Destination of cargo
(iv) Port of discharge of cargo
(v) Description of cargo, including quantity and weight
(vi) AES Export Citation (External Transaction Number of Exemption Statement)
(b) Consequences of Failure to Provide Data.
The Carrier may refuse to load the cargo for which data described in paragraph (a) has not been timely provided. In the event such cargo is not loaded, then any and all costs incurred by Carrier with respect to cargo in its possession including but not limited to inspection, storage, equipment per diem, port demurrage and/or re-delivery costs, shall be the joint and several responsibility of Shipper, the consignee named on the bill of lading and any other person(s) with an interest in such cargo (collectively, "Merchant"). Carrier shall have a lien on cargo in its possession for amounts due hereunder and may hold cargo until such amounts (and any other unpaid freights or charges) are paid or sell such cargo after a reasonable period. In the event Carrier is forced to take legal action to collect amounts due hereunder, Carrier shall be entitled to recover all costs (including attorneys' fees) incurred in connection with such legal action.
(c) Government Requirements.
Nothing in this rule shall relieve Shipper of its obligation to comply with otherwise applicable advance notice requirements or reduce the period of such other advance notice requirements including, but not limited to: (i) the 72-hour advance notice requirement for exports of used vehicles; (ii) the advance notice requirements applicable to cargo for which an export license is required; and (iii) advance notice requirements established by government agencies.
(d) Indemnification of Carrier.
If Carrier is assessed a penalty or fine with respect to cargo for which it received timely information because the information was false, inaccurate or incomplete, then Merchant shall be jointly and severally liable to indemnify, hold harmless and reimburse Carrier (and by booking a shipment with Carrier do thereby agree to indemnify, hold harmless and reimburse Carrier) for any such penalty or fine and any and all costs, liabilities, damages, losses and cargo claims incurred by the Carrier as a result of such false, inaccurate or incomplete information. Carrier shall have a lien on cargo in its possession for amounts due hereunder and may hold cargo until such amounts (and any other unpaid freights or charges) are paid or sell such cargo after a reasonable period. In the event Carrier is forced to take legal action to collect amounts due hereunder, or to defend any action resulting from actions or events covered by this indemnification, Carrier shall be entitled to recover all costs (including attorneys' fees) incurred in connection with such legal action. For purposes of this paragraph, the indemnification provided to Carrier shall also extend to its agents, affiliates, contractors, employees, vessel- sharing partners, slot charterers, vessel owners, and insurers.
(e) CIS Cargo.
In addition, cargo destined to the C.I.S. shall be subject to the requirements and charges set forth in Rule 102 of TACA Tariff FMC 065. Latest cargo tracking and vessel tracing information, please visit www.cargosmart.com
Should you have any questions or require assistance with regards to this Advisory, please do not hesitate to contact your local OOCL office in USA or Canada at 1-888-388-6625.
