Bills of Lading 1 - Functions of a Bill of Lading
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Shipbuilding & Ocean Development Business Operation
Shipbuilding & Ocean Development Business Operation June 4, 2009 Shiro Iijima Director, Executive Vice President, General Manager, Shipbuilding & Ocean development Headquarters 1 Contents 1. FY2008 Overview -3 2. Shipbuilding & Ocean Development - 4 Business Environment 3. FY2009 Earnings Outlook -7 4. Outline of FY2009 Measures -8 5. Company-wide Special Measure -9 “Challenge 09” 6. Restructuring of Business Strategies -10 (Headquarters Business Plan) 2 1. FY2008 Overview Order Receipt Net sales Operating Profits • After Lehman shock, no ・Ship deliveries: 23 (+1 YoY) • Bottom line improved, new orders for Car carrier: 10 but profits were eroded commercial-use ships LNG carrier: 5 by provision for losses LPG carrier: 1 in ordered work arising • Public-sector orders held at normal level Container carrier: 2 from yen appreciation Patrol boat: 2 and higher prices for • Ships ordered: 18 (-14 YoY) Ferry: 1 steel, and other materials. 1H: 16 Others: 2 2H: 2 (public sector) ・Sales o par with previous 5-yr average Initial FY2008 target Previous 5-yr average: 320.4 JPY240.7 billion (JPY billion) (2003~2007) Decline in orders for (JPY billion) (JPY billion) commercial ships 353.6 271.3 283.9 240.1 4.0 1.6 2007 2008 2007 2008 2007 2008 3 2. Shipbuilding & Ocean Development Business Environment Lehman shock has caused major changes in marine transport and shipbuilding industries. 1) Marine transport industry <Seaborne cargo volume (actual and forecast)> 100億トン million ton <Before Lehman shock> 140 ・Increased seaborne cargoes ⇒ Tonnage shortages -
Protecting Consignors' Interests and Rights to Recover Property
A NEW YORK LAW JOURNAL SPECIAL SECTION Corporate Restructuring & Bankruptcy WWW. NYLJ.COM MONDAY, JUNE 22, 2015 Protecting Consignors’ Interests And Rights to Recover Property BY CARREN B. SHULMAN onsignment is an arrangement between two parties for one to sell the goods C of another. If the goods are sold, a dis- counted sales price is paid to the original seller with the balance to the buyer/con- signee. Many retail industries have used consignment for years, but many are mov- ing towards consignment. Other industries have used consignment and consignment-like relationships, such as “conditional sales.”1 In this uncertain economy, consignment is realizing a resurgence and may be an effec- tive cost saving measure for vendors/con- signees. This article addresses the law on consignment and how consignors protect themselves. Consignment is governed by Article 9 of the Uniform Commercial Code (UCC). §9-109(a)(4). Consignment is defined in UCC §9-102 as: a transaction, regardless of its form, in which a person delivers goods to a mer- chant for the purpose of sale and: (A) the merchant (i) deals in goods of that kind under a name other than the name of the person making delivery; aggregate value of the goods is $1,000 ship rights. To the extent the consignment (ii) is not an auctioneer; and or more at the time of delivery; relationship fails sections (B) or (C) above, there may be a consignment relationship, (iii) is not generally known by its credi- (C) the goods are not consumer goods but it may not be governed by Article 9. -
Legal and Economic Analysis of Tramp Maritime Services
EU Report COMP/2006/D2/002 LEGAL AND ECONOMIC ANALYSIS OF TRAMP MARITIME SERVICES Submitted to: European Commission Competition Directorate-General (DG COMP) 70, rue Joseph II B-1000 BRUSSELS Belgium For the Attention of Mrs Maria José Bicho Acting Head of Unit D.2 "Transport" Prepared by: Fearnley Consultants AS Fearnley Consultants AS Grev Wedels Plass 9 N-0107 OSLO, Norway Phone: +47 2293 6000 Fax: +47 2293 6110 www.fearnresearch.com In Association with: 22 February 2007 LEGAL AND ECONOMIC ANALYSIS OF TRAMP MARITIME SERVICES LEGAL AND ECONOMIC ANALYSIS OF TRAMP MARITIME SERVICES DISCLAIMER This report was produced by Fearnley Consultants AS, Global Insight and Holman Fenwick & Willan for the European Commission, Competition DG and represents its authors' views on the subject matter. These views have not been adopted or in any way approved by the European Commission and should not be relied upon as a statement of the European Commission's or DG Competition's views. The European Commission does not guarantee the accuracy of the data included in this report, nor does it accept responsibility for any use made thereof. © European Communities, 2007 LEGAL AND ECONOMIC ANALYSIS OF TRAMP MARITIME SERVICES ACKNOWLEDGMENTS The consultants would like to thank all those involved in the compilation of this Report, including the various members of their staff (in particular Lars Erik Hansen of Fearnleys, Maria Bertram of Global Insight, Maria Hempel, Guy Main and Cécile Schlub of Holman Fenwick & Willan) who devoted considerable time and effort over and above the working day to the project, and all others who were consulted and whose knowledge and experience of the industry proved invaluable. -
Instructions for Completing Form BIS-711, Statement of Ultimate Consignee and Purchaser
Instructions for completing Form BIS-711, Statement of Ultimate Consignee and Purchaser All information must be typed or legibly printed in each appropriate Block or Box. Block 1: Ultimate Consignee. The Ultimate Consignee must be the person abroad who is actually to receive the material for the disposition stated in Block 2. Therefore, a bank, freight forwarder, forwarding agent, or other intermediary is not acceptable as the Ultimate Consignee (For a definition of intermediate consignee, please see page 2 of this document.) If the ultimate consignee is an individual, please state the name as listed on a government-issued ID. If the ultimate consignee is a company, please state the company name and address as listed on the business license/business certificate. * Please note: The information given in Block 1 must match the name and address listed on your Bill of Lading/Air Waybill issued by a freight forwarder. Block 2: Disposition or Use of Items by Ultimate Consignee named in Block 1. Place an (X) in “A.,” “B.,” “C.,” “D.,” and “E.,” as appropriate, and fill in the required information. * Please note: Certain armored vehicles are considered a controlled item under Department of Commerce export regulations (ECCN 0A606), and cannot be resold, transferred or re-exported without prior authorization from the US Department of Commerce. Block 3: Nature of Business of Ultimate Consignee named in Block 1. Complete both “A” and “B”. Possible choices for “A” include: broker, distributor, fabricator, manufacturer, wholesaler, retailer, value added reseller, original equipment manufacturer, etc. Possible choices for “B” include: contractual, franchise, distributor, wholesaler, continuing and regular individual business, etc. -
1Judge John Holland and the Vice- Admiralty Court of the Cape of Good Hope, 1797-1803: Some Introductory and Biographical Notes (Part 1)
1JUDGE JOHN HOLLAND AND THE VICE- ADMIRALTY COURT OF THE CAPE OF GOOD HOPE, 1797-1803: SOME INTRODUCTORY AND BIOGRAPHICAL NOTES (PART 1) JP van Niekerk* ABSTRACT A British Vice-Admiralty Court operated at the Cape of Good Hope from 1797 until 1803. It determined both Prize causes and (a few) Instance causes. This Court, headed by a single judge, should be distinguished from the ad hoc Piracy Court, comprised of seven members of which the Admiralty judge was one, which sat twice during this period, and also from the occasional naval courts martial which were called at the Cape. The Vice-Admiralty Court’s judge, John Holland, and its main officials and practitioners were sent out from Britain. Key words: Vice-Admiralty Court; Cape of Good Hope; First British Occupation of the Cape; jurisdiction; Piracy Court; naval courts martial; Judge John Holland; other officials, practitioners and support staff of the Vice-Admiralty Court * Professor, Department of Mercantile Law, School of Law, University of South Africa. Fundamina DOI: 10.17159/2411-7870/2017/v23n2a8 Volume 23 | Number 2 | 2017 Print ISSN 1021-545X/ Online ISSN 2411-7870 pp 176-210 176 JUDGE JOHN HOLLAND AND THE VICE-ADMIRALTY COURT OF THE CAPE OF GOOD HOPE 1 Introduction When the 988 ton, triple-decker HCS Belvedere, under the command of Captain Charles Christie,1 arrived at the Cape on Saturday 3 February 1798 on her fifth voyage to the East, she had on board a man whose arrival was eagerly anticipated locally in both naval and legal circles. He was the first British judicial appointment to the recently acquired settlement and was to serve as judge of the newly created Vice-Admiralty Court of the Cape of Good Hope. -
Download the Shipping Network June 2014
Legal Eagles Do you have a burning legal question for the HFW Shipping Legal Network team? Email [email protected] for them to answer your question in the next issue of the Shipping Network . Questions should be of a general nature and not specific to a Eagles... particular live issue. Holman Fenwick Willan’s crack team of specialist shipping lawyers answer your legal questions Under a combined transport bill of lading, “Freight: shall be the freight and all charges, costs, duties where the shipping line is responsible for and expenses whatsoever, payable to the carrier, or incurred by Q delivery to the named destination, should the carrier in carriage of the goods in accordance with the the shipper or any party named as consignee applicable tariff and this bill of lading, including storage, per diem or notify party be responsible for any charges and demurrage.” Guy Main if the container is delivered within the A freight definition of this type arguably includes any charges demurrage-free period shown in the bill of incurred by the carrier as a result of the contract of carriage. There lading, but where the UK port of discharge only allows the may be an argument that ‘expected’ charges are not included shipping line a shorter period free for quay rent? as they should have been provided for in the original quotation, but charges that arise out of a delay to the carriage or otherwise Ascertaining the rights of various parties arise from an event outside of the normal carriage of goods will under a bill of lading is a question of almost certainly be included. -
Best Practice Guide on Abandoned Goods Introduction
BEST PRACTICE GUIDE ON ABANDONED GOODS International Federation of Freight Forwarders Associations The global voice of freight logistics FIATA INTERNATIONAL FEDERATION OF FREIGHT FORWARDERS ASSOCIATIONS FIATA is a nongovernmental, membership-based organization representing freight forwarders in some 150 countries. FIATA is a reference source on international policies and regulations governing the freight forwarding and logistics industry. FIATA works at the international level to represent service providers who operate in trade logistics and supply chain management. Through its FIATA documents and forms, congress, training and publications, it promotes trade facilitation and best practices among the freight forwarding community. Founded in Vienna, Austria, on 1926, FIATA owes its name to its French acronym (Fédération Internationale des Associations de Transitaires et Assimilés) and is known as ‘the global voice of freight logistics’. FIATA is headquartered in Geneva, Switzerland. DISCLAIMER This document is NOT to be construed as providing any legal advice. FIATA recommends that readers seek independent legal advice if they have any questions on dealing with their specific circumstances. It should be noted that this best practice guide provides general considerations that are of relevance on a global, risk-manage- ment basis, and does not include technical advice. It is recommended that the reader adjust and implement the recommended measures in accordance with the applicable laws and regulations in their jurisdiction, its corporate structure, business model and risk control requirements in the country or geographic areas where it is operating. FIATA accepts no responsibility for the consequences of the use of the information contained in this document.. For further information about the activities of the FIATA Advisory Body on Legal Matters or to make comments about this guide, please contact FIATA at [email protected]. -
Advance Manifest
Bureau of Customs and Border Protection CBP Decisions 19 CFR PARTS 4, 103, 113, 122, 123, 178 AND 192 (CBP Dec. 03–32) RIN 1651–AA49 REQUIRED ADVANCE ELECTRONIC PRESENTATION OF CARGO INFORMATION AGENCY: Customs and Border Protection, Homeland Security. ACTION: Final rule. SUMMARY: This document amends the Customs Regulations to provide that the Bureau of Customs and Border Protection (CBP) must receive, by way of a CBP-approved electronic data interchange system, information pertaining to cargo before the cargo is either brought into or sent from the United States by any mode of commer- cial transportation (sea, air, rail or truck). The cargo information re- quired is that which is reasonably necessary to enable high-risk shipments to be identified for purposes of ensuring cargo safety and security and preventing smuggling pursuant to the laws enforced and administered by CBP. These regulations are specifically in- tended to effectuate the provisions of section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002. DATES: This rule is effective January 5, 2004. The compliance dates for these regulations are set forth, as appli- cable, in §§ 4.7(b)(5), 122.48a(e), 123.91(e), 123.92(e), and 192.14(e). FOR FURTHER INFORMATION CONTACT: Legal matters: Glen E. Vereb, Office of Regulations and Rulings, 202–572–8724; Trade compliance issues: Inbound vessel cargo: Kimberly Nott, Field Operations, 202–927– 0042; 1 2 CUSTOMS BULLETIN AND DECISIONS, VOL. 37, NO. 52, DECEMBER 24, 2003 Inbound air cargo: David M. King, Field Operations, 202–927– 1133; Inbound truck cargo: Enrique Tamayo, Field Operations, 202– 927–3112; Inbound rail cargo: Juan Cancio-Bello, Field Operations, 202–927– 3459; Outbound cargo, all modes: Robert Rawls, Field Operations, 202– 927–5301. -
Role of Freight Forwarders
7/15/2012 Role of Freight Forwarders Moderator: Thomas Andrukonis Director, Export Management and Compliance Division Roles and Responsibilities of Freight Forwarders Under the Export Administration Regulations July 18, 2012 1 7/15/2012 Parties to an Export Transaction • Exporter • Forwarding Agent • Intermediate Consignee • Ultimate Consignee • End-User • Principal Party in Interest What is a Forwarding Agent? “The person in the United States who is authorized by a principal party in interest to perform the services required to facilitate the export of the items from the United States. This may include air couriers or carriers” (15 C.F.R. § 772.1) 2 7/15/2012 Routed Export Transactions • There are two kinds of routed export transactions: – Those in which the freight forwarder or other agent is responsible for arranging transportation and other services, but the agent is not the exporter of the items. – Those in which the freight forwarder or other agent takes on the responsibility of the exporter of the items. When does a routed export transaction result in the shift in export control responsibility? • There must be two written documents transferring the export control responsibilities: – A writing from the foreign principal party in interest to the US principal party in interest expressly assuming export control responsibilities. – A power of attorney or other writing from the foreign principal party in interest to the freight forwarder or other agent authorizing the agent to work on the foreign principal party in interest’s behalf on the transaction. 3 7/15/2012 Routed Export Transaction • If both writings have been obtained, the freight forwarder, acting as agent for the foreign principal party in interest, becomes the exporter of the items and is responsible for determining licensing requirements and obtaining license authority. -
Ace Cargo Manifest/In-Bond/Entry Status Query
ACE ABI CATAIR - Customs and Trade Automated Interface Requirements Customs and Trade Automated Interface Requirements (CATAIR) Implementation Guide ACE CARGO MANIFEST/IN-BOND/ENTRY STATUS QUERY March 2020 March 31, 2020ACE Cargo Manifest/In-bond/Entry Status QueryACMQ-0 Pub # 0875-0419 ACE ABI CATAIR - Customs and Trade Automated Interface Requirements ACE CARGO MANIFEST/IN- BOND/ENTRY STATUS QUERY This chapter provides record formats that allow entry processing results, bills of lading and in-bonds to be queried. Table of Contents Table of Changes ........................................................................................................................... 4 Links to Appendices ...................................................................................................................... 9 Cargo Manifest/In-bond/Entry Status Query .......................................................................... 10 CURRENT ENTRY STATUS NOTIFICATION .................................................ACMQ-10 The current status of an entry can be queried and the processing results returned to the filer. Individual in-bonds, ocean/rail/truck bills and air waybills may also be queried. RECORD DESCRIPTIONS Record Identifier WR1 (Input) .................. ............. ............. .............. ............. ............. ACMQ-11 A mandatory entry, in-bond or bill query input record that requests processing results by entry number, and information by in-bond, bill of lading or air waybill number. Record Identifier WR0 (Output) -
Documents of the Shipping Transport: Historical Origins, Legal Validity & Commercial Practice
Journal of Shipping and Ocean Engineering 10 (2020) 47-56 Doi: 10.17265/2159-5879/2020.02.005 D DAVID PUBLISHING Documents of the Shipping Transport: Historical Origins, Legal Validity & Commercial Practice Ioannis Voudouris, and Evi Plomaritou Frederick University, Cyprus Abstract: The bill of lading and charterparty are vital for international trade and transport. To signify their enduring importance, this paper firstly seeks to illuminate the earliest historical evidence relating to the bill of lading and charterparty, and secondly, discuss their current legal and commercial nature and functions as well as their relationship with other transport documents such as the booking note, cargo manifest, mate’s receipt, and delivery order. In this context, the paper examines the lifecycle of transport as regards the documents used in the bulk and liner markets. Key words: Bill of lading, charterparty, sea waybill, booking note, delivery order, Mate’s receipt, Cargo manifest. 1. Introduction upon their shipment on board the ship (shipped bill of lading). The most important documents governing the commercial and legal relationships between the parties 2. Historical Origins of the Bill of Lading, in international sea transport are the bill of lading and Charterparty, Sea Waybill and Other the charterparty. Among other things, these Transport Documents documents define the obligations as well as the The (non-negotiable) sea waybill and the respective costs and earnings of the contracting parties, (negotiable) bill of lading are nowadays the primarily the shipowner or carrier and the charterer or best-known ocean transport documents that are still in shipper. In addition, other documents, such as booking use. -
36 WTD 248 (April 28, 2017) 248
Det. No. 16-0294, 36 WTD 248 (April 28, 2017) 248 Cite as Det. No. 16-0294, 36 WTD 248 (2017) BEFORE THE ADMINISTRATIVE REVIEW AND HEARINGS DIVISION DEPARTMENT OF REVENUE STATE OF WASHINGTON In the Matter of the Petition for Correction of ) D E T E R M I N A T I O N Assessment of ) ) No. 16-0294 ) . ) Registration No. ) [1] RULE 15503; RCW 82.04.020, RCW 82.08.050: RETAIL SALES TAX – DIGITALLY AUTOMATED SERVICES – SERVICES OFFERED FOR SALE. Digitally Automated Services are subject to retail sales tax when they are offered for sale, as opposed to an internal, noncommercial service. [2] RULE 228(9); RCW 82.32.105 – PENALTIES – SUBSTANTIAL UNDERPAYMENT PENALTY – CIRCUMSTANCES BEYOND A TAXPAYER’S CONTROL. There is no requirement that a taxpayer must have intended to avoid taxation for such taxpayer to be subject to a substantial underpayment penalty. [3] RULE 193D; RCW 82.04.260(7) – B&O TAX – STEVEDORING – ASSOCIATED ACTIVITIES. A taxpayer may not report its gross income from activities associated with stevedoring if that taxpayer does not also engage in actual stevedoring services. [4] RULE 193D; RCW 82.04.260(7) – B&O TAX – STEVEDORING – SERVICES PROVIDED IN A FOREIGN TRADE ZONE. Services provided within a Foreign Trade Zone are not automatically classified as stevedoring and associated activities. The nature of the activities, as opposed to the location of such activities, is controlling for classification purposes. Headnotes are provided as a convenience for the reader and are not in any way a part of the decision or in any way to be used in construing or interpreting this Determination.