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sea ​​lane

Transportation can be introduced as the main tool for the development of international trade and meeting the various needs of economic operators. It is also worth mentioning that share

Sea transportation in the movement of goods in international trade constitutes about 90% of the total trade, this amount in terms of tonnage is about six billion

Tons is a type of goods, one third of which is made up of oil goods and one third of other goods. According to the verification of such a percentage of the movement of goods in

Global trade, the importance of trade and maritime transport is very clear, and for this reason Nofar Group has dedicated a part of its activities to maritime transport.

Is . In order to familiarize the cooperation parties and facilitate the work process, we will examine some details in sea transportation below:

Ocean/Marine Bill Of Lading

It is a document that is issued by the shipping company or its representative in return for receiving the goods and specifying the payment of its cost for transportation. In this bill of lading

The full specifications of the cargo are recorded and signed by the captain of the ship, and according to that, the cargo is committed to be delivered by the ship to the recipient.

According to the opinion of Nofar Group legal team in this regard: any sea bill of lading or other similar documents based on which the ship charter contract, the relationship between the carrier and the owner

determine the bill of lading or the mentioned document from the time of issuance, it is considered a contract of carriage. In any case, the bill of lading guarantees the existence of a sea transportation contract.

The bill of lading is used as a key document in shipping and transportation, which:

1) Evidence of contract of carriage

2) The receipt of goods)

3) Document of title to the goods

Basically, sea bills of lading are set in 4 copies, which will be in the hands of 4 people.

Sender of goods

product receiver

ship captain

Ship owner or his legal representative

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Types of sea waybills

It is a bill of lading that indicates the transportation of the goods from the origin to the destination without changing the means of transportation and implies the direct shipment of the goods to the recipient.

A bill of lading indicates that the goods will be transported from the seller’s country to the final destination by several vehicles (ship, truck, etc.).

This bill of lading is issued for the cargo of ships that have a specific schedule and travel specific routes. Companies that engage in such shipments are subject to special regulations and have a specific rate.

A bill of lading executed under Trump Shipping Services. In fact, a charter is a bill of lading that is issued for cargoes that are transported by a chartered vessel, and the transportation of cargoes under this bill of lading is subject to the charter contract. This bill of lading is not accepted by the banks in the letter of credit unless it is stipulated otherwise (when the age of the ships exceeds 15 years, they become chartered ships)

These bills of lading are divided into three general categories:

Ship rental contract based on the full control of the lessee: This type of full ship rental contract is without crew, which is known as Charter by demise or Bare Boat Charter. The ship lessor rents the ship without its employees for a temporary period (depending on the rental period) and is responsible for providing the ship’s crew and paying their wages. Today, this type of close ship contract is rarely concluded.
Ship time charter contracts: In this type of ship contract, the ship is leased for a certain period of time, which may be from three months to 20 years. Also, the ship may be rented for the duration of a simple trip or several trips. Basically, when the amount of goods proposed to be transported is more than the carrying capacity of their ships, shipping companies act on the basis of time charter. For example, a ship may be rented for a round trip from Belgium to Japan or from Europe to the Middle East. In this case, the ship owner will receive the rental amount based on the length of time he has rented his ship. The amount for renting the ship is almost always paid in advance and the payment method is usually for every 15 days or 30 days. The rental amount may be lump sum, that is, the rental amount is not calculated based on each ton of the ship’s capacity, but usually the basis of calculating the rental amount is based on the carrying capacity of the ship or Dead Weight, which is often based on each ton of the ship’s capacity during a month. The calculation is placed. In the time charter contracts of the ship, the lessor or the ship owner is obliged to provide the crew of the ship. In other words, the rental fee will include the wages of the crew, which will be provided by the lessor, as well as their provisions. In addition, the ship owner is responsible for paying for the insurance of the ship’s hull and the costs of repairing and maintaining the ship. In return for paying the rent, the lessee or charterer is allowed to load the ship completely (or a part of it) with any kind of lawful merchandise. The renter must pay fuel expenses in the sea and ports, in addition to port expenses, light dues, channel crossing fees, tugboat rental, wharf fees, loading, unloading, unloading and any type of tax imposed on the products. is a renter. If the ship stops moving due to a breakdown, technical defect or accident, no rent will be paid for the time lost due to the above events.
Renting a ship for a specific trip: In this type of contract, a ship is rented for the transport of cargoes mentioned in the contract between specific ports and for one or more agreed trips. In this type of contract, the name of the product and how it is packaged (for example, in bulk, bag or barrel) are mentioned.

It is a composite shipping document that is regulated by Fiat for the use of international forwarders acting as composite carriers.
This bill of lading is a negotiable document (unless the term non-negotiable) is approved by the International Chamber of Commerce. The shipping agent issuing the bill of lading is not only responsible for the delivery of the goods at the destination, but also responsible for all carriers and the actions of third parties who are employed by him during transportation.

If there is a sentence in the bill of lading that indicates defective packaging of the goods, such bills of lading are called CIAUSED B\L, binding bill of lading or DIRTY B\L or FOUL B\L, and banks follow the uniform regulations of letters of credit. He does not accept such a bill of lading unless the orderer accepts its validity.

In the international transportation business, sometimes it happens that the seller alone is not able to provide all the committed goods related to export, and therefore leaves the provision of a part of his goods to transport agents or another seller. And in such cases, a third party bill of lading is used. Therefore, in the definition, it can be said that a third party bill of lading is a bill of lading in which the sender or SHIPPER is another person or institution, other than the beneficiary of the letter of credit. Considering that the buyer is mostly not familiar with the third party who is responsible for delivering the goods to the carrier at the request of the beneficiary of the credit, and there is a possibility of risks or damages due to this, he may refuse to accept the bill of lading of the third party and for this reason The reason is that in the previous editions of the uniform regulations of letters of credit, it was not allowed for banks to accept such a bill of lading. In this regard, some banks that pay and deal with such bills of lading (where transport agents or forwarders arrange the shipment of the goods on behalf of the seller), despite announcing the acceptance of the third party bill of lading in the text of the relevant letter of credit, ask the beneficiary of the bill of lading sign to ensure that the beneficiary of the credit is in the process of transporting the goods. On the other hand, sometimes a group of buyers refuse to accept the third party bill of lading because according to the terms of the credit, it is the beneficiary of the credit who must present the documents to the bank and as a result receive the payment for the documents, and in fact they consider the legal owner of the documents as the beneficiary of the credit. According to the above comments, since some countries accepted the third-party bill of lading and others refused to accept it, the International Chamber of Commerce decided that the third-party bill of lading is acceptable unless otherwise specified in the credit. .

When a ship is leased by a person or a company (CHARTERR) to transport goods, the bill of lading issued is called a charter bill of lading. It should be noted that according to the uniform provisions of letters of credit, banks will accept the charter bill of lading or cover if this is explicitly in terms of credit allowed.

When the bill of lading has been issued to the sender (To order), the bill of lading is negotiable and transferable. The holder of this bill of lading can pick up the goods from the shipping company

A non-negotiable bill of lading is a bill of lading that is not a document of ownership of goods and cannot be transferred. The goods of this type of bill of lading are only delivered to the person who is declared as the recipient of the goods in the bill of lading, and since the sea bill of lading is negotiable, it may go through several hands to reach the final owner, and going through these steps is usually slow and long. Therefore, some shipping companies have invented and used the non-negotiable bill of lading to avoid these long procedures.

The bill of lading indicates that the goods have been placed in the hold of the ship and will definitely be transported by that ship. In this way, it gives this assurance to the trading parties and the relevant banks.

If the goods are loaded on a specific ship to be transported to a specific destination, the bill of lading issued will be On Board

The said bill of lading indicates that the goods are not placed in the ship’s hold, but are placed on the ship’s deck and are vulnerable depending on the type of goods. Of course, some goods such as iron must be placed on the ship’s deck. Banks refuse to accept and trade such bills of lading.

On the back of the traditional sea bills of lading, there are many conditions written in fine print, which causes complexity in doing business with such bills of lading. In 1979, the Board for the Simplification of International Trade Practices (SITPRO) introduced a new form called a white-back bill of lading or abstract to be used instead of ordinary bills of lading. This white-back bill of lading or abstract is the same as the traditional bill of lading in terms of legal and practical terms and is only simpler than that and can be used for any shipping company. A similar plan was used in the early 1970s in countries such as Canada, America, and Scandinavia, which proved its legal and practical usefulness. It does not have a normal bill of lading. Only instead of the detailed and detailed conditions included in the middle of traditional bills of lading, a short standard multi-line phrase is printed on the bill of lading, which indicates the conditions of the bill of lading.

When it is necessary to use at least two types of means of transportation (ship-truck or ship-train or truck-plane etc.) to transport the goods from the origin to the destination, the first shipping company will issue a national bill of lading and he will arrange the other means of transportation. It gives the destination, but at the same time, the name of the next means of transport is not known when issuing a national bill of lading. A national bill of lading is negotiable and transferable.

This receipt is usually issued by the second captain of the ship or the cargo officer at the stage of delivering the goods to the ship, and in return for receiving these receipts, a sea bill of lading is issued on the last day after loading, which is signed by the ship captain or the representative of the shipping company. And the delivery of the goods to the seller or the delivery of the goods. MASTER’S RECEIPT is not a document of ownership of goods and cannot be transferred and cannot replace the bill of lading.

The credit beneficiary has a maximum of 21 days from the date of issuance of shipping documents and other documents to present the documents to the relevant bank for the transaction. A bill of lading submitted after the mentioned deadline is called a stale or old bill of lading. Banks will refuse to accept and deal with such bills of lading unless the opening bank has extended the credit period. The reason for setting the deadline of 21 days is so that the documents are sent to the credit applicant before the cargo reaches its destination and given to the credit applicant, so that he has enough time and time to prepare for the unloading and delivery of the cargo.

Forwarders are allowed to pack similar goods sent by different sellers to the same destinations in a group and send them as one shipment. In such cases, the ship owner will issue a GROUPAGE BILL OF LADING. Considering that the forwarder cannot give the bill of lading issued by the ship owner to any of the goods sellers, therefore, he issues a shipping certificate for each of the goods sellers. This document is called HOUSE BILL OF LADING or domestic bill of lading, and at the destination, the forwarder representative opens the group shipment and delivers the goods sent to their recipients based on the HOUSE BILL OF LADING or domestic bill of lading. The use cases of this method are increasing because the use of containers for transportation has increased in recent years. The advantages of sending goods by GROUPAGE B\L method are: saving less packaging cost, usually faster transfer, less risk of theft, no damage to the goods, the shipping cost is cheaper compared to separate shipping of the goods. It should be noted that the bills of lading mentioned above are non-negotiable and non-transferable.

Such bills of lading are issued by shipping companies that travel on regular routes. In other words, these ships enter or leave specific ports at specific times under a pre-arranged schedule. The services of regular shipping lines that have the same routes and destinations may hold meetings during which agreements are made among the members on issues such as the terms and arrangements of the bill of lading, freight charges and sometimes the use of berthing facilities, in which case it is obligatory to Compliance with it.

Today, containers play an important role in international transportation and the combined waybill is used more than ever.

This type of bill of lading is related to the term AS PER SHIPPER’S DECLARATION. That is, the desired goods are exported by the line representative after he takes possession of the goods and reserves them on the ship, and he is responsible for what he has taken over. There is a sentence on the bill of lading that considers the sender responsible for stating the characteristics of the goods (weight, dimensions…).

In addition, the term SHIPPERS LOAD, STOWED AND COUNT is used in the case of container cargoes, and it indicates that the carrier trusted the sender’s statements or did not interfere with the loading, sorting and counting of the cargo in the case of the container.

بارنامه SHIPPED ON BOARD به معنی بارگیری شده یا حمل شده روی کشتی است و فقط بعد از آن که کالا در کشتی بارگیری شد صادر می‌شود.در این بارنامه ها ممکن است عبارت ON BOARD روی بارنامه درج یا چاپ شده باشد و علاوه بر امضاء ذیل بارنامه تاریخ واقعی بارگیری نیز در کنار این عبارت درج و امضاء می‌شود. که به آن تذکریه یا یادداشت NOT ATION می‌گویند. این نوع بارنامه بیشتر در اعتبارات اسنادی خواسته می‌شود و به ‌این معنی است که کالای موضوع اعتبار به نحو غیر قابل برگشت در حرکت به سوی مقصد است نه این که در پایانه یا در مبداء منتظر حمل است.

A clean bill of lading is a bill of lading that does not contain any words or sentences indicating the defects of the goods, and it means that the carrier checked the goods as much as possible upon delivery and did not observe any defects or violations in it. The bill of lading is called UNCLEAN B/L. A clean bill of lading is usually used for non-containerized goods, where the carrier has access to the goods and examines its general appearance.

This type of bill of lading is only for transporting goods by sea, and the goods are transferred from one ship to another ship, and it specifies the origin and destination of the cargo, as well as the point of transfer of the goods from the first ship to the second ship, etc.

It indicates that the goods have been received by the carrier and loaded on the ship. The words “Shipped” or “On Board” are written on such a bill of lading.

It indicates that the goods have been received by the carrier for shipment but have not been loaded. In practice, banks refuse to accept such a bill of lading unless its validity is accepted in the contract between the buyer and the seller.
Such bills of lading cover the transportation of goods from the origin to the destination port or from the origin warehouse to the final destination in the buyer’s country.

1- The sender of the goods, full name and address

2-   The recipient of the goods gave the full name and address of the recipient and possibly in cash or by money order.

3- The party notifying the goods, the person whom the shipping line must notify.

4- The representative of the relevant line or freight forwarder or the representative of the owner of the goods

5- The bill of lading number, which is an identification code for the line agent or carrier

6- The port (place) of receiving the goods, where the carrier has received the goods.

7- Ship name and voyage number

8- Port of loading, for loading the goods to the designated ship

9- The port where goods are unloaded

10- The final destination of the goods delivery if the shipping company is committed to deliver the goods to a place after the port of unloading the goods.

11- Number of turn (storage space) for transporting goods

12- Symbols and numbers of the seal number and container number in the case of container shipments

13- Product description, number and type of packaging and their signs. This part constitutes the main body of the bill of lading and must contain the final information, including the number of packages – the type of packaging (carton, box…) and the description of the goods and, if possible, the tariff of the goods. If there is a letter of credit, the description of the goods must be in accordance with what is written in the text of the L/C, even if there is a misspelling in the text of the letter of credit, which should be written in the same way. Of course, this point is more relevant in countries where banking regulations are enforced.

14- Cargo weight: enter the weight of the goods in kilograms

15- Cargo dimensions: Enter the volume of the cargo in cubic meters

16- Date: Date of issuing and signing the bill of lading

17- Sign the number of original copies of the bill of lading, insert the number of original copies issued, and in the bill of lading that does not indicate the ownership of the goods, the number zero (0) is entered in this place (box).

18- Cost account and freight rate

The following items can also be included in the bill of lading:

HH means from workshop (or factory) to workshop (HOUSE TO HOUSE)

P.H means wharf to workshop…

H.P, means from workshop to wharf

P.P, means from pier to pier