pi_circular Compliance & regulationCargo risk Skuld
In our Circular of 26 March 2004 we reviewed the latest developments and guidelines as to which party would be regarded as "the Carrier" for purposes of compliance with US Customs Regulations (19 CFR 4.7). We pointed out that the US Authorities had declined to provide a general ruling as to the identity of the carrier, but instead suggested that the parties themselves agree who should be responsible. We recommended that, in order to avoid uncertainties and disputes as to who should act as the carrier, members entering into new charterparties should insert a clause making it clear who would comply with the Regulations (including the filing of the manifest, SCAC (Standard Alpha Carrier Code), and ICB (International Carrier Bond). BIMCO has issued U.S. Customs Advance Notification/AMS Clauses for Time and Voyage Charterparties, which can be found at the hyperlinks in this circular. Time Charterparties with AMS Clause We endorse the BIMCO AMS clause for time charters for use when it is agreed that it is appropriate for charterers to assume the role of Carrier for AMS purposes. The BIMCO AMS clause, at sub-clause (b), also includes a wide-ranging indemnity in favour of owners for consequential loss and damage for failure to comply with the clause. We have received enquiries from members requesting a clause to cover the situation where owners are to be AMS Carriers. We have therefore prepared the attached clause. This clause is closely based on the time charter clause published by BIMCO and contains a wide-ranging indemnity in favour of charterers similar to that found in sub-clause (b) of the BIMCO AMS clause. Voyage Charterparties with AMS Clause Since a voyage charterparty is a contract of carriage, it is more sensible in general for owners to assume the obligation of the Carrier for the purposes of the US Customs Regulations. We therefore endorse the BIMCO AMS clause for voyage charters. Nevertheless, there will be cas
USA: Automated Manifest System (AMS) - Charterparty Clauses
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