The introduction of the new generation digital FIATA Bill of Lading (FBL) has been confirmed and will be launched by the South African Association of Freight Forwarders (SAAFF) as a new standard to members and exporters for use across the Supply Chain in South Africa.
This development will positively impact supply chain efficiencies and South Africa’s competitive position as a provider of world class logistics services, says Dr Juanita Maree, Chief Executive Officer of SAAFF.
South Africa hosted the Annual Rotational Presidency meeting of the International Federation of Freight Forwarders (FIATA) in Cape Town earlier this month. The FIATA delegation, led by President Ivan Petrov had the opportunity to delve deeper into the South African supply chain logistics sector during their visit, in consultation with industry leaders. Terry Gale, representing Exporters Western Cape and the Fresh Produce Exporters Forum (FPEF) welcomed the imminent introduction of the digital FBL.
Industry recognises the digital FBL and its proven tracking service as a strong solution that will add capacity and increase security of cargo movement through the entire logistics process – a valuable development in a challenging trading environment.
In global terms, the Bill of Lading is recognised as the most important document used in the transportation of goods, FIATA’s Multimodal Transport Bill of Lading is seen as the benchmark; long-standing but in constant evolution and acknowledged by the International Chamber of Commerce (ICC) as a document fully aligned to the UNCTAD/ICC Rules for Multimodal Transport.
This new generation secured digital FBL and tracking solution allows FIATA to protect against fraudulent manipulation and to promote a digital ecosystem of trust for transport and trade documents. It supports transparency and security across the supply chain and will help member companies accelerate their digitalisation efforts. The digital FBL data model is fully aligned with the UN/CEFACT MMT Reference data model to ensure its interoperability with other standards and all trade parties.
Verifiable at any time by legitimate stakeholders interacting with the document, which dramatically reduces fraud risk, the digital FBL can be issued in digital and paper format and cannot be tampered with, with each document also being recorded on an immutable ledger. Stakeholders will be able to access the document audit trail through a unique QR code or on FIATA’s verification portal to certify the validity of the document, the integrity of its issuer and the integrity of its content.
The tracking solution used by FIATA for the digital FBL is already implemented and used by banks, corporates, warehouses, and inspection companies to protect other documents. Software providers worldwide make the secured digital FBL accessible in 17 territories so far through FIATA Association members. Forwarders can implement the digital FBL solution on their own in-house system or use a free digital FBL generator tool.
But for as much as shipping has changed over the decades, not much about the bill of lading (BL) has. Today, it’s pretty much the same often-paper, always-time-consuming document it ever was.
That’s why driving an eBill standard is largely considered the Holy Grail of global trade. Succeed in that, and partners up and down the supply chain would benefit from the days and weeks that paper BLs add to the process as they are printed, pouched, messengered, lost, found and waited upon.
It’s ironic because there isn’t a single aspect of the BL that couldn’t be done better digitally. To demonstrate, let’s dive into the essence of these documents and the challenges that remain to making them digital.
How does an original paper bill of lading work?
Once the vessel departs, an original BL can be issued by the ocean carrier. After the shipper endorses the original bill, it is couriered to the buyer who then needs to surrender it back to the carrier at destination as part of the cargo release process.
It sounds simple enough, but along the way the BL impacts many other processes and actions. Even before issuance, the time-consuming process from a shipping instruction to the issuance of a verified BL, many iterations and changes can occur to get the BL into an approved state.
The BL, and its critical data fields are required for customs clearance, letter of credit, change of title and other processes. One delay in any of these can result in costly extra charges.
The functions of a bill of lading were made to be done electronically
In oftentimes convoluted international shipments, the BL is the legal go-to document that facilitates negotiation, lending and risk reduction by performing three key functions:
1. It is evidence of a contract of carriage
2. It confirms receipt of goods
3. It serves as the title to the goods
So, can eBill perform these functions while maintaining the integrity and legality that’s required? The P&I Clubs think so. Today’s top eBill solutions meet these challenges through rule frameworks and advanced security measures — all while providing significant cost and time savings.
eBills can play a pivotal role — and a digital role
Carriers issue the BL, but they rely on information from shippers which may change multiple times during the booking and shipper’s instruction processes. Electronic features like structured documents make creation, approval, distribution, tracking — everything — easier than paper.
This benefits not only the shippers but the carriers, buyers, sellers and banks without having the need to continue to print out paper — which defeats the purpose
Digital does the different types of bill of lading better
There are many types of BL, reflecting the complexities of international trade. Eliminating paper is only the beginning of the ways eBills can help streamline processes related to the two main categories of BL:
Sea Waybills are sometimes referred to as “Express Release.” They have a named consignee on them but are issued without any original documents that have to be presented for the release of the cargo. Non-negotiable and non-transferable, they are usually used in three cases:
Intra-company shipments between divisions located in different countries
Shipments when no negotiations take place between the seller and the consignee
Instances when the shipper doesn’t have to submit an original BL to any party in order to secure their payment
Original BLs have different forms that all hinge on the issuance of original BL documents in some way.
· Order BLs are the most common type of BL. They enable delivery of the cargo to be made “To Order” to the bonafide holder of the BL. These types of BL are negotiable and often linked to letter of credit transactions. Often banks must verify and endorse the original BL before the cargo can be released to the buyer.
Straight BLs stipulate that the cargo may only be released to the specified consignee and only upon the surrender of an original BL.
Open BLs are negotiable and transferable. The name of the consignee can be changed with the consignee’s signature and transferred — often multiple times.
Going Digital assists in filling out the bill of lading
With shippers providing the majority of the information for a BL, completeness and correctness is crucial. eBills help guide the way. If shippers can provide bill of lading information digitally, there’s less risk of keying errors. Form fields and autofill features all speed the process and lead to time savings.
One of the challenges of going paperless with BLs from the very beginning is standards. Adhering to set data standards makes information useful for different parties within organizations and multiple supply chain partners and it enables seamless workflows from automation. Unfortunately, standards are far from being standard today.
Digital makes the information included in a BL more useful
Users look to the bill of lading as an infallible source of essential and comprehensive information like names and addresses, purchase orders or reference numbers, special delivery instructions, pickup date, description of items, packaging type, NMFC freight class and DOT hazmat designations.
eBills of lading can make this information highly transparent to supply chain partners who can use it. But like many of the benefits of eBills, this transparency hinges on adoption — if all the participants of the supply chain are rowing together digitally, it works. If not, it just makes for another manual process that may end up being even more work than paper.
With its centrality to supply chains and essentiality to digitizing global trade, it’s easy to understand why the industry has its sights set on digitizing this important document. But acceptance of the eBill remains both the goal and the greatest challenge today. That’s why getting the eBill to catch on will require successfully digitizing the entire process for eBills, too.
TradeLens, with its relationships with the world’s largest ocean carriers, is in a unique position to explore the digitization of this process at an unprecedented scale. Within an ecosystem where there’s already widespread acceptance, the potential of the eBill could finally be revealed.
ZIM, an Israeli container shipping company, has successfully completed a blockchain document exchange pilot for paperless bills of lading using blockchain-based software from Wave to send a document that acknowledged receipt of cargo for shipment.
Wave connects all members of the supply chain to a decentralized network and allows them a direct exchange of files.
During the trial, all participants issued, transferred and received original electronic documents using Wave’s application, which manages ownership of documents on the blockchain to eliminate disputes, forgeries and unnecessary risks.
The containers, shipped by Sparx Logistics from China to Canada, were delivered to the consignees “without a hitch”, reported ZIM in an announcement about its breakthrough.
ZIM said that it is “convinced” that the blockchain technology and the Wave application is “the solution that will drive the trade to the digital era”.
The new blockchain-based system developed by Wave uses distributed ledger technology to ensure that all parties can issue, transfer, endorse and manage shipping and trade related documents through a secure decentralized network.
Wave’s application is free for shippers, Importers and Traders and requires no IT or operational changes.
Paper bills of lading have been used throughout the world to document and effect international trade for centuries. Yet whilst the world has become increasingly digitalised the paper bill of lading has, on the whole, remained a constant feature of global trade. Its continued use is mainly due to its combination of three legal characteristics that it has developed over time: (i) it is a receipt of the goods carried; (ii) it provides evidence of the terms of the contract of carriage; and (iii) it is a document of title to the goods. It is these characteristics that have, until relatively recently, foiled attempts to replace the paper bill of lading with an electronic equivalent. However, with the inclusion of an electronic bills of lading clause in BIMCO’s NYPE 2015 time charter form, as well as the International Group of P&I Clubs’ approval of the coverage of three electronic trading systems, the dominance of the paper bill of lading may well be coming to an end.
Issues with the paper system
Whilst the paper bill of lading has been used for centuries it is not without its faults, the principal problems being that:
Carriers are obliged to discharge the goods carried on production of an original bill of lading: this is particularly problematic today given both the speed of transport and the fact that the cargo may be sold multiple times during carriage. As a result of this the bill of lading is often not delivered to the consignee in time, and the carrier is often required to accept a letter of indemnity. This indemnity does not, however, remove the carriers’ liability under the bill of lading and creates an additional administrative burden and cost to the trade.
The paper system is hugely expensive (such cost is estimated to be between 5 – 10% of the value of the goods carried each year).
A paper bill of lading may be forged with relative ease and carriers are liable for misdelivery against a forged bill of lading.
Benefits of an electric bill
The electronic bill of lading or e-bill, in theory, addresses many of the flaws of the paper system, bringing with it a number of advantages:
It can be sent around the world instantaneously, hugely lowering the administrative burden of trade (especially where cargo is subject to multiple transfers of ownership during carriage).
Any amendments or corrections required can be made far more efficiently and cost effectively.
Electronic payment systems, and related advances in security, make an electronic system considerably more secure than its paper equivalent. This is obviously subject to cyber issues.
These benefits will cut the administrative costs of trade significantly and reduce, if not eradicate, situations where carriers discharge their cargo against letters of indemnity.
So why so slow on the uptake?
One of the main reasons the widespread use of the e-bill has been slow to proliferate stems from the fact that it is not treated in the same manner, legally, as its paper equivalent. Significantly:
A paper bill of lading is a document of title, enabling it to be negotiated and transferred as possession of the bill is evidence of title to the goods. This is not automatically the case at law with an e-bill.
The Hague Rules / Hague Visby Rules (HR / HVR) apply to a contract of carriage by reference to the bill of lading, or similar document of title, and it has been less clear whether they would apply to any electronic trading system used. The solution developed to these legal obstacles is essentially a multiparty contract. This takes the form of a set of rules to which users of an electronic trading system are all required to subscribe to use that system. Such rules then set out the specific form of electronic trading documentation to be used and that the consequences of using such documentation shall mirror the position at law as if they were paper bills of lading.
This, however, means that electronic trading systems such as BOLERO, which has been in existence since the 1990s, are only able to function between their members (i.e. those that have agreed to the uniform set of rules and systems that will govern their transactions). Where a member of an electronic trading system enters into a transaction with a non-member, the electronic system cannot be utilised and a paper bill of lading is issued. This feature has limited their growth, as electronic trading systems are only really effective once they have a large number of members, but are not cost-effective for traders to join until they have a large number of members.
The present situation
The benefits of electronic trading systems are particularly tangible to container carriers (as there is often a separate bill of lading for each container carried) and as such have been utilised by liner companies before wider adoption in the industry. However, the efficiencies of electronic trading systems are not confined to the container industry alone and with members of the largest trading companies, trade finance banks, mining companies and oil majors using such systems, it is clear that they are becoming increasingly prevalent in the shipping industry as a whole.
The growth of the use of electronic trading systems in the wider shipping industry is something that BIMCO, by including an e-bills clause in its latest iteration of the NYPE form, has also recognised. In sum the new clause provides that:
use of an electronic trading system is at charterers’ option;
owners shall subscribe to the system elected by charterers, provided such a system is approved by the International Group of P&I Clubs;
charterers shall pay any fees incurred by owners in subscribing to such elected system; and
charterers shall indemnify owners for any liabilities incurred arising from the use of the elected system, so long as such liability does not arise from owners’ negligence.
The International Group of P&I Clubs have now ‘approved’ three electronic trading systems (BOLERO, essDOCS and E-title). An ‘approved’ system is one that is found to replicate the legal characteristics of a paper bill (namely (i) as a receipt; (ii) a document of title; and (iii) a contract of carriage which incorporates the HR / HVR). This means that the International Group of P&I Clubs will provide cover for any liabilities arising under carriage covered by these three electronic trading systems (or any such other subsequently ‘approved’ system), provided that such liability would also have arisen under a paper bill. However, members should be advised that risks connected with the use of a non-approved electronic trading system will not be covered.
The use of an electronic trading system does, however, lead to other risks from things such as hacking, systems collapse, e-theft and viruses, none of which are traditionally covered by P&I clubs and would need to be insured separately. In this regard, essDOCS (which is now used throughout 71 countries by over 3,300 companies) has insurance cover of up to USD $20 million per electronic bill of lading for “eRisks” resulting from an electronic crime or electronic system failure.
With the rise in usage of electronic trading systems, the recent judgment in Glencore v MSC (albeit currently under appeal) provides a timely reminder that the release of cargo should only be made in accordance with the contract evidenced by the bill of lading, even where an electronic release system for cargo is being operated. In this instance cargo was released on presentation of a PIN, despite no provisions for this in the bill of lading, two of the released consignments of cargo were misappropriated and the carrier was held liable.
With the International Group of P&I Clubs’ approval of three electronic systems, the inclusion of an electronic bills of lading clause in BIMCO’s latest NYPE form and the proliferation of the use of electronic trading systems throughout the wider shipping industry, it is clear that the use of electronic trading systems is increasing. Whilst there is no doubt that we can expect teething problems as the industry continues to adapt to such electronic trading systems, and the cyber risks they may bring, it seems that the efficiencies are too great to be ignore. Source: Ship Law log / ReedSmith
City Deep Container Terminal (Transport World Africa)
The controversial Customs Control Bill adopted by Parliament’s finance committee on Wednesday includes a “fallback” provision allowing for a return to the current customs control system should the new one fail.
A similar clause was included in the law that introduced value-added tax in 1991, allowing for a legal alternative to be implemented quickly if things do not work out as planned.
The committee also adopted the Customs Duty Bill and the Customs and Excise Amendment Bill as part of a total revamp by the South African Revenue Service (SARS) of the customs system. Visit this link for access to the Bills and submissions to the parliamentary committee.
The Customs Control Bill has been highly contentious as it will fundamentally change the way imported goods are cleared and released. The Democratic Alliance and Business Unity SA (Busa) opposed the original proposals on the grounds that doing away with manifests in the operations of City Deep would threaten the inland terminal in Johannesburg. SARS disputed this but nevertheless amended the bill.
Busa’s Laurraine Lotter yesterday welcomed the inclusion of the fallback clause but said she would have to see the details of the amendments introduced by SARS before commenting.
The fallback provision — which will automatically lapse five years after the effective date of the legislation — was included to be on the safe side, although SARS does not expect the proposed system to fail. It consulted widely on the bill, sought legal opinions about the legality of its amended proposals and ultimately secured the support of ship operators and agents, freight forwarders and Transnet for the amendments.
Implementation could be delayed by 12 months to allow the trade sufficient time to prepare.
SARS chief legal and policy officer Kosie Louw assured the committee this week the existence of City Deep would not be jeopardised. He urged adoption of the new system of customs control, saying the authorities needed more detailed information about incoming cargo to clamp down on fraud and illegal imports.
In terms of the bill, the submission by shipping lines of a manifest that provides only a general description of cargo will be replaced by a clearance declaration. This must contain information on the tariff, value and origin of the goods, and be submitted by the importer (which can be held accountable for its veracity) three calendar days before arrival at the first place of entry into South Africa.
Penalties will be levied only if the clearance is not submitted within three working days after the arrival of the goods. Containers will be provisionally released before arrival of the goods at the first place of entry and finally released at the first point of entry. To allow for seamless movement of goods, shipping lines will still issue multimodal contracts and through bills of lading.
“The revised proposal provides certainty and predictability to role players in the supply chain regarding the movement of goods,” Mr Louw said.
He said the new system would allow customs officials to undertake documentary inspections earlier, mitigating delays. High-risk containers would be identified before arrival, detained on arrival and held at the inland terminal for inspection. Containers with no risk would be able to move “seamlessly” to the inland terminals.
Mr Louw submitted that the objections to the proposal — that it would require traders to change their sale contracts; that sellers would be reluctant to sell under the new terms; that importers would be affected; that carriers would no longer issue a bill of lading to internal terminals; and that it would give rise to delays and congestion at ports — were found to lack foundation by international trade law expert Prof Sieg Eiselen and two advocates.
He said the proposed system would lay a solid and predictable framework for a modernised system of customs control that balanced the need for trade facilitation with the need to prevent imports of illicit goods. The current system was governed by an outdated, 1960s law. Source: Business Day
South African shippers take heart, this is a worldwide phenomenon. Check out the article below on how US shippers are addressing the issue.
Is there a foolproof method for importers or consignees to maintain confidentiality of identifying information listed on shipping manifests? Unfortunately, the short answer is “no.” While an importer or consignee may request that US Customs treat its identifying information as confidential, the infinite number of variations of this information (e.g., spelling of company name) precludes confidentiality for each possible variation.
There are, however, steps that importers and consignees can take to minimize risk in this area. Under federal law, the public may collect manifest data at every port of entry. Moreover, reporters may collect and publish names of importers from vessel manifest data unless an importer/shipper requests confidentiality. Specifically,
[a]n importer or consignee may request confidential treatment of its name and address contained in inward manifests, to include identifying marks and numbers. In addition, an importer or consignee may request confidential treatment of the name and address of the shipper or shippers to such importer or consignee. 19 CFR 103.31.
As many importers and consignees have learned, however, confidentiality is not assured even CBP grants such a request. A bill of lading may often contain a variant of a company name, and if that variant is not included on the confidentiality request, confidentiality will likely not apply to the information on that particular manifest. For example, if the John Smith Corporation requests confidentiality for its corporate name, and a manifest lists “J. Smith Corporation” or “John Smith Corp., Inc.”, confidentiality would not technically apply since these names were not within the scope of the confidentiality request. Nevertheless, the trade may take steps to mitigate this. To ensure the broadest confidentiality exemption, an importer or consignee may consider including in the confidentiality application:
Every variation of the names that has been used previous shipping documents
Likely variations of the name
Misspellings of the company name
Any D/B/A or A/K/A previously used
Names of sister companies, including those in other countries
All company addresses
Even if an importer or consignee diligently follows these suggestions, confidentiality is not 100% guaranteed. One incorrect keystroke by someone entering data in a document somewhere in the supply chain can result in a “new” variation of a company name that is not covered by a grant of confidentiality.
US Customs and the trade have had discussions about the shortcomings in this process. Perhaps that is why CBP has for the time being disabled an online form used to make confidentiality requests (NOTE: requests can still be mailed to CBP as specified in the regulations). To tighten up this process, one possible solution is to leverage IRS/EIN numbers instead of relying on guessing at spelling of names. Source: CustomsNow Blog
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