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Welcome to class. We will
begin shortly
Today’s Objectives
• To define the Incoterm options.
• To enhance your understanding of the forwarding
process and the part that Incoterms play in smooth
transactions.
• How Incoterms relate to contracts.
• To help you determine which Incoterm is best for your
logistics circumstance.
What Does Incoterm Mean?
INternational COmmercial TERMS
“INCOTERMS define the mutual obligations of seller and buyer
arising from the movement of goods under an international contract
from the standpoint of risks, costs and documents.”
-United Nations Conference on Trade and Development , 1990
Simply- A set of international rules for the interpretation of the
most commonly used foreign trade terms.
The Terms in Incoterms
• Terms covered by Incoterms
• Warehousing
• Packing and loading
• Inland freight
• Terminal charges
• Freight forwarder’s fees
• Ocean/air freight
• Duty, taxes, & customs clearance
• Delivery
• Security Clearances
The Ever Changing Evolution of Incoterms
Before
1921
• 1812: Creation of the first FOB term.
• 1895: CIF term was created.
• 1919: The EUA (European Union Emission Trading Scheme) created its own terms
1921-1923
•1921: Incoterms first conceived by International Chamber of Commerce (ICC).
•1923: The first six rules were developed- FOB,FAS, FOT, FOR, Free Delivered CIF and C&F.
1936- 1976
•1936: Incoterms first implemented.
•1956: The ICC created the next version of Incoterms.
•1976: The ICC created new Incoterms, which included air transportation.
1980-2000
• 1980: The ICC adopted three new Incoterms applicable to all modes of transportation. At this time Incoterms numbered at fourteen.
• 1990: New Incoterms were created to suit intermodal transport.
• 2000: The ICC made a simplification in the allocation of loading and unloading costs.
• At this point there were thirteen Incoterms.
2010-Now
•2010: The number of Incoterms decreased to eleven.
•2011: These incoterms were put into effect January 1, 2011.
The Importance of Incoterms
• Because they-
• Set international rules for commonly used terms in
foreign trade.
• Define obligations of both parties involved in the
transaction.
• Determine the distribution and transfer of risks regarding
goods delivered from seller to buyer.
• State the clear sharing of expenses between the parties
during transport.
The rapid expansion of world trade and new trends in
global transportation means that the same rules
cannot be applied effectively in any circumstance
without considering the new factors and influences.
International
Transportation
4
Handling
Inbound
Customs
Clearance
Duties
Final
Transportation
Unloading
Packing
Loading
Preliminary
Transportation
Customs
Clearance
for Export
Handling
Outbound
Insurance
1 2 3
5
6
7
8
9
10
11
INCOTERM Groups
• CFR- Cost and Freight
• CIF- Cost, Insurance and Freight
• CPT- Carriage Paid To
• CIP- Carriage and Insurance Paid To
DAT- Delivered at Terminal
DAP- Delivered at Place
DDP- Delivered Duty Paid
EXW- Ex Works
FCA- Free Carrier
FAS- Free Alongside Ship
FOB- Free on Board
Contract for
carriage without
assuming risk of
loss during
shipment
Bear all costs and
risks needed to
bring goods to
place of
destination
Make goods
available at own
premises
Deliver goods to a
carrier appointed
by buyer
Incoterm Categories
Service
•EXW- Ex Works (…Named
Place of Delivery)
•FCA- Free Carrier (…Named
Place of Delivery)
Any Mode of transport
including Multimodal
•CPT- Carriage Paid To
(…Named Place of
Destination)
•CIP- Carriage & Insurance
Paid To (…Named Place of
Destination)
•DAT- Delivered at Terminal
(Named Place/Port of
Delivery)
•DAP- Delivered at Place
(…Named Place of
Destination)
•DDP- Delivered Duty Paid
(…Named Place of
Destination)
Ocean
•FAS- Free Alongside Ship
(…Named Port of Shipment)
•FOB- Free On Board
(…Named Port of Shipment)
•CFR- Cost and Freight
(…Named Port of
Destination)
•CIF- Cost, Insurance and
Freight (…Named Port of
Destination)
Acronym reflect the mode and where lines are drawn.
Usage of Incoterms
• Use the phrase “Incoterms 2010” after the rule and named
place.
• Clarifies that 2000 version does not apply.
• Ensure you are naming the right location.
• EXW, FCA, FAS, FOB, DAT, DAP =place of delivery.
• CPT, CIP, CFR, CIF=place of destination.
• Use contract of sale or terms and conditions.
• Modifying Incoterms Rules
• Not advised.
• If you do modify rules ensure contract clarifies what you are modifying
and what you are not.
- Group Incoterms
• CFR- Cost and Freight
• Seller delivers the goods on board the vessel or procures the goods
already so delivered.
• The risk of loss of or damage to the goods passes when the goods are on
board the vessel.
• The seller must contract for and pay the costs and freight necessary to
bring the goods to the named port of destination.
• Notes
• Seller pays for unloading if the contract of carriage covers unloading
• Seller clears goods for export but not import.
• Seller has no obligation to obtain insurance.
• Place of delivery of goods
• Seller’s delivery obligation is fulfilled when goods are on board the
vessel.
• Risk of loss passes when the goods are on board the vessel.
• Port of destination
• Seller pays for carriage to port of destination.
- Group Incoterms
• CIF- Cost Insurance and Freight
• Seller delivers the goods on board the vessel or procures the goods
already so delivered.
• The risk of loss of damage to the goods passes when the goods are on
board the vessel.
• The seller must contract for and pay the costs and freight necessary to
bring the goods to the named port of destination.
• Notes
• Like CFR but with additional obligation to procure insurance to port of
destination.
• Insurance requirement is minimum cover (institute cargo clause c) in the
amount of contract price plus 10% from point of delivery to point of
destination.
• Seller clears goods for export but not import.
- Group Incoterms
• CIP- Carriage and Insurance Paid to
• Seller delivers the goods to the carrier or another person nominated by
the seller at an agreed place (if any such place is agreed between the
parties); seller must contract for and pay the costs of carriage necessary
to bring the goods to the named place of destination.
• Notes
• Like CPT but with the additional requirement that seller pay for
insurance to the named destination
• Insurance requirement is minimum cover (institute cargo clause c) in the
amount of contract price plus 10% from point of delivery to point of
destination
• Buyer may pay for additional coverage. Seller must provide the
information necessary to allow buyer to do so.
- Group Incoterms
• CPT- Carriage Paid To
• Seller delivers the goods to the carrier or another person nominated by
the seller at an agreed place (if any place is agreed between the parties)
and the seller must contract for and pay the costs of carriage necessary
to bring the goods to the named place of destination.
• Notes
• Seller clears goods for export and pays for transport through any country
necessary to delivery
• Seller has no obligation to pay for insurance but must provide buyer
information to buy insurance at buyer’s risk and expense
• Buyer obtains import licenses and carries out customs formalities
• Seller pays for both loading and unloading if covered by contract of
carriage
- Group Incoterms
DAP- Delivered at Place
• Seller delivers when the goods are placed at the disposal of the buyer on
the arriving means of transport ready for unloading at the named place of
destination.
• The seller bears all risks involved in bringing the good to the named place.
• Notes
• Much like DAT, but with additional obligation by seller into country of
delivery
• Goods are placed at buyer’s disposal at named location ready for
unloading; risk passes at that point
• Seller clears goods for export but not import (use DDP if intent is to require
seller to clear goods for import also).
• No obligation on seller to purchase insurance
- Group Incoterms
DAT- Delivered at Terminal
• Seller delivers when the goods, once unloaded from the arriving means of
transport, are placed at the disposal of the buyer at a named terminal at
the named port or place of destination.
• “Terminal” includes any place, whether covered or not, such as a quay,
warehouse, container yard or road, rail or air cargo terminal.
• The seller bears all risks involved in bringing the goods to and unloading
them at the terminal at the named port or place of destination.
• Notes
• Seller’s obligation is fulfilled and risk of loss passes at same time: when the
goods are unloaded at the arriving terminal and placed at buyer’s disposal.
• Can specify a point within the terminal at which time the obligation is
complete.
• Seller clears goods for export but not for import.
• No requirement of insurance.
• If the intention is to carry seller’s obligation further into buyer’s country,
use DAP or DDP.
- Group Incoterms
DDP- Delivered Duty Paid
• Seller delivers the goods when the goods are placed at the disposal of the
buyer, cleared for import on the arriving means of transport ready for
unloading at the named place of destination.
• The seller bears all the costs and risks involved in bringing the goods to the
place of destination and has an obligation to clear the goods not only for
export but also for import, to pay any duty for both export and import and
to carry out all customs formalities.
• Notes
• Like DAP, but including seller’s obligation to clear goods for import—pay for
any necessary licenses.
• Maximum obligation for seller.
• If seller is not well-suited to clear goods for import, DAP should be used
• No obligation to pay for insurance.
- Group Incoterms
• Ex Works
• Seller delivers when it places the goods at the disposal of buyer at the
seller’s premises or another named place (i.e. works, factory,
warehouse, etc.).
• Seller does not need to load the goods on any collecting vehicle or clear
the goods for export, where such clearance is applicable.
• Fewest up front requirements for seller
• Notes
• Seller has no obligation to load goods, even if better-suited to do so
• If seller does load goods, it does so at buyer’s expense and risk
• Better-suited to domestic transport (no obligation that seller clear goods
for export—only provide assistance if necessary at buyer’s expense and
risk)
• Buyer bears all risk of loss from time seller places goods at buyer’s
disposal.
- Group Incoterms
• FAS- Free Alongside Ship
• Seller delivers when the goods are placed alongside the vessel (e.g., on a
quay or a barge) nominated by the buyer at the named port of
shipment.
• The risk of loss of or damage to the goods passes when the goods are
alongside the ship, the buyer bears all costs from the moment onwards.
• Notes
• Can be used in a string sale where seller procures goods already
delivered for shipment.
• Seller is obligated to clear goods for export but not import.
• Seller has no obligation to pay for contracts of carriage or insurance but
may contract for carriage and must assist buyer by providing necessary
information for insurance.
• Not appropriate when goods in container and delivered to carrier at
terminal; use FCA
- Group Incoterms
• FCA- Free Carrier
• Seller delivers the goods to the carrier or another person nominated by
the buyer at the seller’s premises or another named place.
• The parties are well advised to specify as clearly as possible the point
within the named place of delivery, as the risk passes to the buyer at
that point.
• Notes
• Seller does clear goods for export; import formalities are buyer’s
responsibility
• Seller may contract for carriage at buyer’s expense and risk
- Group Incoterms
• FOB- Free On Board
• Seller delivers the goods on board the vessel nominated by the buyer at
the named port of shipment or procures the goods already so delivered.
• The risk of loss of or damage to the goods passes when the goods are on
board the vessel, and the buyer bears all costs from that moment
onwards.
• Notes
• Notice change in 2010: “free on board” no longer means across the
ship’s rail; now means on board the vessel.
• Another change in 2010: if requested by buyer or if it is commercial
practice and buyer does not instruct otherwise, seller may contract for
carriage at buyer’s risk and expense; seller may decline but must notify
buyer promptly
• Like FAS but goods must be placed on board.
• Exporting is an integral part of all international
business
• Goods manufactured in one country and destined for
another must be moved across borders to enter the
distribution system of the target market
• It is important to be knowledgeable about the export
and import documents, tariffs, quotas, and other
barriers to the free flow of goods between countries
• The rules and regulations that cover the exportation
and importation are discussed more in the following
slides.
Export Restrictions
• Export regulations may be designed to
conserve scarce goods for home consumption
or to control the flow of strategic goods to
actual or potential enemies
• To comply with various regulations, the
exporter may have to acquire export licenses or
permits from the home country
• To alleviate problems of exporting, the
Department of Commerce has published a
revised set of export regulations known as the
Export Administration Regulations (EAR)
Determining Export Requirements
• In general, there are three steps to determine the proper Export Control
Classification Number (ECCN) for the commodity to be exported as follows:
1. If you are the exporter of the product but not its manufacturer, you can
contact the manufacturer or developer to see if they already have an ECCN
2. Compare the general characteristics of the product to the Commerce Control
List and find the most appropriate product category
3. The third step is to consult the Commerce Country Chart (CCC), to (Exhibit
15-to determine the reason(s) for control associated with your item
• A general license permits exportation of certain products that
are not subject to EAR control with nothing more than a
declaration of the type of product, its value, and its destination
• A validated license, issued only on formal application, is a
specific document authorizing exportation within specific
limitations designated under the EAR
Import Restrictions
• Tariffs
• Exchange Permits
• Quotas
• Import Licenses
• Standards
• Boycotts
• Voluntary Restrictions
• Import regulations may be imposed to protect health, conserve
foreign exchange, serve as economic reprisals, protect home
industry, or provide revenue in the form of tariffs
• The most frequently encountered trade restrictions include:
Import Restrictions
• ad valorem duties, which are based on a percentage of the determined value of the
imported goods;
• specific duties, a stipulated amount per unit weight or some other measure of
quantity; and
• a compound duty, which combines both specific and ad valorem taxes on a particular
item, that is, a tax per pound plus a percentage of value
1. Tariffs:
Custom duties are based on value or quantity or a combination of
both and are classified as follows:
To conserve scarce foreign exchange many countries impose restrictions on the
amount of their currency they will exchange for the currency of another
country
2. Exchange Permits:
Import Restrictions (contd …)
3. Quotas:
Countries may also impose limitations on the quantity of certain
goods imported during a specific period
4. Import Licenses:
As a means of regulating the flow of exchange and the quantity of a particular
imported commodity, countries often require import licenses
5. Standards:
Health standards, safety standards, and product quality standards are necessary
to protect the consuming public from imported
Import Restrictions (contd …)
6. Boycotts:
A boycott is an absolute restriction against trade with a country,
or trade of specific goods
7. Voluntary Restrictions:
Countries may themselves impose restrictions on firms exporting to specific
countries
Terms of Sale
1. CIF (cost, insurance, freight) to a named overseas port of import. It
includes the costs of goods, insurance, and all transportation and
miscellaneous charges to the named place of debarkation
2. C&F (cost and freight) to a named overseas port. It includes the cost of
the goods and transportation costs to the named place of
debarkation. The cost of insurance is borne by the buyer
3. FAS (free alongside) at a named U.S. port of export. The price
includes cost of goods and charges for delivery of the goods
alongside the shipping vessel. The buyer is responsible for the
cost of loading onto the vessel, transportation, and insurance
Terms of Sale (contd ..)
4. FOB (free on board) at a named inland point, at a named port of
exportation, or at a named vessel and port of export. The price
includes the cost of the goods and delivery to the place named
5. EX (named port of origin). The price quoted covers costs only at the
point of origin (example, EX Factory). All other charges are the
buyer’s concern.
Getting Paid: Foreign Commercial Payments
1. Letters of Credit
2. Bills of Exchange
3. Cash In Advance
4. Open Accounts
5. Forfaiting
The five basic payment arrangements for exported goods include:
Export Documents
1. Export Declarations
2. Consular Invoices or Certificates of
Origin
3. Bill of Lading
4. Commercial Invoice
5. Insurance Policy or Certificate, and
6. Licenses
• Each export shipment requires many documents to satisfy
government regulations controlling exporting as well as to meet
requirements for international commercial payment
The most frequently required documents are:
Customs-Privileged Facilities
1. Foreign trade zones (also known as
free trade zones)
2. Free ports, and
3. In-bond arrangements or
Maquliadoras
• To facilitate export trade, countries designate areas called
customs-privileged facilities, where goods can be imported for
storage and/or processing with tariffs and quota limits
postponed until the products leave the designated areas
Customs-Privileged Facilities include:
Logistics and Physical Distribution Activities
1. Logistics management refers to all activities
involved in physically moving raw material, in-
process inventory, and finished goods inventory
from the point of origin to the point of use or
consumption
2. A physical distribution system involves:
(1) transportation mode
(2) inventory quantities, and
(3) packing
3. A decision involving one activity affects the cost and
efficiency of one or all others
4. Total cost of the system is defined as the sum of the
costs of all these activities
5. It is important to reduce the total cost instead of
reducing the cost of each component of the logistics
system
Foreign Freight Forwarder
• The foreign freight forwarder arranges for the shipment of
goods as the agent for an exporter
• The forwarder is an indispensable agent for an exporting firm
that cannot afford an in-house specialist to handle paperwork
and other export trade mechanics
• A freight forwarder double-checks all assumptions made on
the export declaration, such as commodity classifications, and
will check the list of denied parties and end uses
Trade
• Buying and selling goods and services from other countries
• The purchase of goods and services from abroad that leads to an
outflow of currency – Imports
• The sale of goods and services to buyers from other countries leading
to an inflow of currency – Exports
Specialisation and Trade
• Different factor endowments mean some countries can produce
goods and services more efficiently than others – specialisation is
therefore possible:
• Absolute Advantage:
• Where one country can produce goods with fewer resources than another
• Comparative Advantage:
• Where one country can produce goods at a lower opportunity cost – it
sacrifices less resources in production
Comparative Advantage
Oil (Barrels) Whisky (Litres)
Russia 10 or 5
Scotland 20 or 40
One unit of labour in each country can produce either oil OR
whisky.
A unit of labour in Russia can produce either 10 barrels of oil per
period OR 5 litres of whisky.
A unit of labour in Scotland can produce either 20 barrels of oil
OR 40 litres of whisky.
Comparative Advantage
Opportunity Cost = sacrifice/ gain
Russia: if it moved 1 unit of labour from whisky to oil it would sacrifice 5
litres of whisky but gain 10 barrels of oil (OC = 5/10 = ½)
Moving 1 unit of labour from oil to whisky production would lead to a
sacrifice of 10 barrels of oil to gain 5 litres of whisky (OC of whisky is 10/5
= 2)
Scotland: if it moved 1 unit of labour from whisky to oil it would sacrifice
40 litres of whisky but gain 20 barrels of oil (OC = 40/20 = 2)
Moving 1 unit of labour from oil to whisky production would lead to a
sacrifice of 20 barrels of oil to gain 40 litres of whisky (OC of whisky is
20/40 = ½ )
For Scotland the OC of oil is four times higher than that in Russia
(2 compared to ½)
Comparative Advantage
• In Russia, oil can be produced cheaper than in Scotland (Russia only sacrifices 1
litre of whisky to produce 2 extra barrels of oil whereas Scotland would have to
sacrifice 2 litres of whisky to produce 1 barrel of oil.
There can be gains from trade if each country specialises in the
production of the product in which it has the lower opportunity
cost – Russia should produce oil; Scotland, whisky.
Comparative Advantage
Oil (Barrels) Whisky (Litres)
Russia 5 2.5
Scotland 10 20
Total Output 15 22.5
Oil (Barrels) Whisky (Litres)
Russia 10 0
Scotland 0 40
Total Output 10 40
Before trade – each country divides its labour between the two products:
After specialisation – each country devotes its resources to that in which it has
a comparative advantage.
Comparative Advantage
• Total Output has risen and trade can be arranged at a mutually
agreed rate that will leave both countries better off than without
trade. The rate has to be somewhere between the OC ratios (in this
case 2 and ½)
The Terms of Trade
• The Terms of Trade looks at the relationship between the price
received for exports and the amount of imports we are able to buy
with that money.
Average Price of Exports
Terms of Trade = ----------------------------------------
Average Price of Imports
Exchange Rates
• Determinants of Exchange Rates:
• Exchange rates are determined by the demand for and the supply of
currencies on the foreign exchange market
• The demand and supply of currencies is in turn determined by:
Exchange Rates
• Relative interest rates
• The demand for imports (D£)
• The demand for exports (S£)
• Investment opportunities
• Speculative sentiments
• Global trading patterns
• Changes in relative inflation rates
Exchange Rates
• A depreciation in exchange rate should lead to a rise in D for exports,
a fall in demand for imports – the balance of payments should
‘improve’
• An appreciation of the exchange rate should lead to a fall in demand
for exports and a rise in demand for imports – the balance of
payments should get ‘worse’ BUT
Exchange Rates
• The volumes and the actual amount of income and expenditure will
depend on the relative price elasticity of demand for imports and
exports.
Exchange Rates
• Floating Exchange Rates:
• Price determined only by demand and supply of the
currency – no government intervention
• Fixed Exchange Rates:
• The value of a currency fixed in relation to an anchor
currency – not allowed to fluctuate
• Dirty Floating or Managed Exchange Rate:
– rate influenced by government via central bank around
a preferred rate
Break Time!!!
CSC safety
▶ The CSC (Container Safety
Convention) sets forth safety
regulations for international shipping
containers. These regulations cover
various aspects of container design,
construction, inspection, and
maintenance to ensure the safety of
containers during transportation. Do
not exceed the maximum payload
weight of the container. The
maximum payload weight is shown
on the CSC safety plate attached to
the outside of the doors; it is also
shown as tare weight on the outside
of the doors.
Compliance with CSC safety
regulations is essential for ensuring
the safe and secure transportation of
goods in international trade. By
adhering to these standards, shipping
companies, freight forwarders, and
other stakeholders can help prevent
accidents, protect cargo, and promote
the efficient functioning of global
This Photo by Unknown Author is licensed under CC BY
CSC safety
▶ Key safety requirements outlined by the CSC
include:
1. Structural Integrity: Containers must be
structurally sound and capable of withstanding
the stresses and forces encountered during
handling, stacking, and transportation.
2. Material Standards: Containers must be
constructed using approved materials and
methods to ensure strength, durability, and
resistance to corrosion and other environmental
factors.
3. Inspection and Certification: Containers must
undergo regular inspections and certification by
authorized inspectors to verify compliance with
CSC standards and ensure safe operation.
4. Marking and Placarding: Containers must be
clearly marked with identifying information, such
as the owner's name, container number,
maximum gross weight, and other relevant
details. Additionally, containers carrying
hazardous materials must display appropriate
placards and labels to indicate the nature of the
cargo.
5. Maintenance and Repair: Containers must be
properly maintained and repaired as needed to
address any damage, wear, or deterioration that
could compromise their safety or integrity.
This Photo by Unknown Author is licensed under CC BY
Insurance
▶ One common type of liability insurance is
against errors and omissions in the
execution of a forwarder’s engagement as
agent of its customer. In these situations,
a forwarder may be liable for breach of
his duty to exercise reasonable care.
Errors and omissions (E&O) insurance is
a type of liability insurance that provides
coverage for claims arising from
mistakes, negligence, or omissions in the
performance of professional services. In
the context of freight forwarding, E&O
insurance protects the forwarder against
claims or lawsuits alleging errors or
negligence in the execution of their duties
as an agent of their customers.
Freight forwarders act as intermediaries
between shippers and carriers,
coordinating the transportation of goods
and handling various logistics tasks on
behalf of their clients. While performing
these duties, forwarders have a duty to
exercise reasonable care and skill to
ensure that the services they provide
meet the expectations of their clients and
are conducted in a professional and
competent manner.
This Photo by Unknown Author is licensed under CC BY
Insurance
▶ However, errors or omissions can occur
in the execution of a forwarder's
engagement, leading to financial losses,
delays, or other damages for their
customers. Examples of situations where
a forwarder may be liable for breach of
duty include:
1. Failure to properly document or declare
goods for transportation, leading to
customs issues or delays.
2. Incorrectly arranging transportation
services, resulting in missed deadlines or
delivery errors.
3. Providing inaccurate or incomplete
information to clients, leading to financial
losses or other damages.
E&O insurance helps protect forwarders
from the financial consequences of such
claims by covering legal expenses,
settlements, or judgments arising from
lawsuits alleging errors or negligence in
the performance of their professional
duties. It provides peace of mind for
forwarders and their clients, ensuring that
they are adequately protected against
potential liabilities and risks associated
This Photo by Unknown Author is licensed under CC BY
CANUTEC
▶ Key functions of CANUTEC include:
1. Emergency Response Assistance:
CANUTEC provides 24/7 emergency
response assistance to first
responders, emergency services, and
industry stakeholders in the event of
transportation incidents involving
hazardous materials. Trained
specialists offer expert advice and
guidance on handling hazardous
materials emergencies, including spill
response, containment, and
mitigation measures.
2. Hazardous Materials Information:
CANUTEC maintains a
comprehensive database of
hazardous materials information,
including safety data sheets (SDS),
emergency response guides (ERG),
and other relevant technical
resources. This information helps
emergency responders and industry
professionals assess the risks
This Photo by Unknown Author is licensed under CC BY
CANUTEC
▶ Key functions of CANUTEC include:
3. Public Outreach and Training:
CANUTEC conducts public outreach
and awareness initiatives to educate
stakeholders about the safe
transportation and handling of
hazardous materials. This includes
providing training workshops,
seminars, and educational materials
to raise awareness of best practices
and regulatory requirements.
4. Coordination and Collaboration:
CANUTEC collaborates closely with
other government agencies, industry
associations, emergency response
organizations, and international
partners to enhance emergency
preparedness and response
capabilities for hazardous materials
incidents. This includes participating
in joint exercises, sharing best
practices, and coordinating response
efforts during emergencies.
This Photo by Unknown Author is licensed under CC BY
Dangerous Goods
▶ The Canadian government, through various
regulatory agencies and departments,
including Transport Canada NOT BSO,
regulates the transportation of dangerous
goods to, from, within, and transiting through
Canada. One of the key regulations
governing the transportation of dangerous
goods in Canada is the Transportation of
Dangerous Goods Act, 1992 (TDGA) and its
associated regulations, the Transportation of
Dangerous Goods Regulations (TDGR).
The TDGA and TDGR establish
comprehensive requirements for the safe
handling, shipping, and transportation of
dangerous goods by all modes of transport,
including road, rail, air, and marine. These
regulations cover various aspects of
dangerous goods transportation, including
classification, packaging, labeling,
documentation, training, emergency
response, and enforcement.
Overall, the Canadian government, through
its regulatory framework and enforcement
mechanisms, plays a crucial role in ensuring
the safe and secure transportation of
dangerous goods to, from, within, and
transiting through Canada, thereby
protecting public safety, health, and the
This Photo by Unknown Author is licensed under CC BY
Dangerous Goods
▶ Key responsibilities of the government,
particularly Transport Canada, in
regulating the transportation of dangerous
goods include:
1. Development and Enforcement of
Regulations: Transport Canada develops
and enforces regulations governing the
transportation of dangerous goods to
ensure compliance with safety standards
and mitigate risks to public safety, health,
and the environment.
2. Issuance of Permits and Approvals:
Transport Canada issues permits and
approvals for the transportation of certain
types of dangerous goods, such as
explosives, radioactive materials, and
hazardous wastes, to ensure compliance
with regulatory requirements and
safeguard public safety.
3. Inspections and Audits: Transport
Canada conducts inspections, audits, and
compliance assessments to verify that
shippers, carriers, and other stakeholders
involved in the transportation of
dangerous goods comply with regulatory
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Dangerous Goods
▶ Key responsibilities of the government,
particularly Transport Canada, in
regulating the transportation of dangerous
goods include:
4. Training and Education: Transport
Canada provides training, guidance, and
educational resources to industry
stakeholders, emergency responders,
and the public to increase awareness of
the risks associated with dangerous
goods transportation and promote best
practices for safe handling and
transportation.
5. Emergency Response and Incident
Management: Transport Canada
coordinates emergency response efforts
and collaborates with other government
agencies, emergency responders,
industry associations, and international
partners to effectively manage hazardous
materials incidents and mitigate their
impacts on public safety and the
environment.
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Settlement
▶ In an open account transaction,
the exporter ships goods to the
importer without requiring
payment at the time of shipment.
Instead, the exporter sends an
invoice to the importer with
payment terms specifying when
payment is due, such as "net 30
days" or "net 60 days" from the
date of invoice. The importer
agrees to pay the invoice within
the specified timeframe. It does
not mean that the exporter has
not trust in the importer and that
his commercial invoice will not be
paid on the agreed terms when
chosen. While an open account
payment method may imply a
certain level of trust between the
exporter and importer, it doesn't
necessarily mean that the
exporter has no trust in the
importer or that the commercial
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Settlement
▶ In an open account transaction, the exporter
ships goods to the importer without requiring
payment at the time of shipment. Instead, the
exporter sends an invoice to the importer with
payment terms specifying when payment is due,
such as "net 30 days" or "net 60 days" from the
date of invoice. The importer agrees to pay the
invoice within the specified timeframe.
Open account terms are common in international
trade and may be used for various reasons,
including:
1. Established Relationship: If the exporter and
importer have a longstanding and trustworthy
business relationship, the exporter may be
comfortable extending credit to the importer
without requiring payment upfront.
2. Market Conditions: In competitive markets or
industries where open account terms are
common practice, exporters may offer this
payment option to remain competitive and attract
customers.
3. Convenience: Open account terms can simplify
the payment process for both parties, as they
eliminate the need for immediate payment or
complicated payment arrangements, such as
letters of credit or documentary collections.
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Settlement
▶ An open account situation is possible only
when a foreign currency can be freely
bought or traded in the importer’s country.
While the ability to freely buy or trade foreign
currency can facilitate open account
transactions, it's not the sole determining
factor. Open account transactions can occur
in situations where foreign currency
exchange is regulated or restricted, although
such scenarios may pose additional
challenges or risks.
In an open account transaction, the exporter
ships goods to the importer without requiring
payment at the time of shipment. Instead,
the exporter extends credit to the importer,
who agrees to pay the invoice at a later date,
typically within a specified timeframe. This
payment arrangement relies on the
importer's ability and willingness to make
payment in the exporter's currency or in
another agreed-upon currency.
In countries where foreign currency
exchange is freely available or where there
are established mechanisms for converting
and transferring funds internationally, open
account transactions may be more common
and straightforward. Importers can readily
obtain the necessary foreign currency to
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Settlement
▶ However, in countries where foreign
currency exchange is regulated or
restricted, importers may face challenges
in obtaining foreign currency to pay
invoices, particularly if there are limitations
on currency conversion, capital controls, or
foreign exchange restrictions. In such
cases, importers may need to obtain
approval from regulatory authorities, use
alternative payment methods, or work with
financial institutions to facilitate currency
conversion and fund transfers.
Despite these challenges, open account
transactions can still occur in countries with
regulated foreign currency exchange,
especially if the importer has established
banking relationships, access to
international banking services, or other
means of obtaining foreign currency to
fulfill payment obligations.
Overall, while the availability of freely
traded foreign currency may simplify open
account transactions, it's not a strict
requirement, and open account
arrangements can be facilitated through
alternative means even in countries with
regulated or restricted foreign exchange
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Import Control List
(ICL)
▶ Canada has a range of goods over
which it imposes import controls.
These goods are listed in the import
control list (ICL). Canada imposes
import controls on certain goods to
regulate their entry into the country
for various reasons, including
protecting domestic industries,
safeguarding public health and
safety, and fulfilling international
obligations. These goods are listed
in the Import Control List (ICL),
which is part of the Customs Tariff.
These are just a few examples of
the goods listed in the Import
Control List (ICL). Importers are
required to comply with the relevant
import controls and regulations
when importing goods into Canada,
and failure to do so may result in
penalties, fines, or seizure of the
goods by Canadian customs
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Import Control List
(ICL)
▶ The Import Control List (ICL) includes
various categories of goods that are
subject to import controls, such as:
1. Agricultural Products: Certain
agricultural commodities, including
dairy products, poultry, eggs, and
grains, may be subject to import
quotas, tariffs, or other restrictions to
support domestic producers and
maintain market stability.
2. Textiles and Clothing: Canada may
impose import quotas, tariffs, or other
restrictions on textiles and clothing to
manage trade flows and protect
domestic textile and apparel
industries.
3. Steel and Aluminum: Certain steel
and aluminum products may be
subject to import quotas, tariffs, or
other measures to address issues
such as overcapacity, unfair trade
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The Carriage by Air
Act
▶ In Canada, air freight is primarily
governed by the Carriage by Air
Act (referred to as the Carriage
by Air Act, 1932), which
implements the rules and
regulations established by the
Convention for the Unification of
Certain Rules for International
Carriage by Air, commonly
known as the Warsaw
Convention.
The Carriage by Air Act sets
forth the legal framework for
international air transportation in
Canada and incorporates the
provisions of the Warsaw
Convention, which establishes
liability rules for air carriers in
the event of accidents, delays,
or other incidents during air
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The Carriage by Air
Act
▶ However, it's important to note that
domestic air transportation within
Canada may be subject to additional
regulations and laws beyond the
Carriage by Air Act, including
regulations issued by Transport
Canada, the federal department
responsible for transportation
policies and regulations in Canada.
These regulations may cover
various aspects of air transportation,
including safety, security, and
operational requirements for air
carriers operating within Canada's
airspace.
So, while the Carriage by Air Act is
an important piece of legislation
governing international air
transportation in Canada, it does not
exclusively govern air freight, and
other regulations and laws may
apply depending on the specific
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Warehousing
▶ Warehousing has two basic
functions: storage and
movement. Movement can be
further divided into four handling
activities: receiving, transfer,
order selection, and shipping.
By effectively managing both
storage and movement
functions, warehouses can
optimize inventory levels,
reduce handling costs, improve
order accuracy, and enhance
customer service levels.
Implementing efficient handling
activities, such as receiving,
transfer, order selection, and
shipping, is essential for
maximizing warehouse
productivity and throughput
while minimizing errors and
delays in the supply chain.
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Warehousing
▶ Storage: The storage
function of warehousing
involves the safe and secure
storage of goods or inventory
until they are needed for
distribution or sale. This
includes storing goods in
appropriate storage locations
within the warehouse, such
as shelves, racks, bins, or
pallets, based on factors like
size, weight, fragility, and
accessibility.
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Warehousing
▶ Movement: The movement function of warehousing
encompasses various handling activities involved in
moving goods within the warehouse or distribution
center. These handling activities can be further
divided into four main categories:
A. Receiving: Receiving involves accepting incoming
shipments of goods from suppliers or manufacturing
facilities. This includes unloading trucks or
containers, inspecting incoming goods for damage or
discrepancies, and recording receipt of goods in
inventory management systems.
B. Transfer: Transfer activities involve moving goods
between different storage locations within the
warehouse to optimize space utilization or facilitate
order fulfillment. This may include transferring goods
from receiving areas to storage areas, from storage
areas to picking areas, or between different storage
zones based on inventory levels and demand
patterns.
C. Order Selection: Order selection, also known as
picking or order picking, involves retrieving specific
quantities of goods from storage locations to fulfill
customer orders or replenish stock. This process
may be performed manually by warehouse personnel
or automated using picking technologies such as
voice picking, barcode scanning, or automated
guided vehicles (AGVs).
D. Shipping: Shipping activities involve preparing goods
for outbound shipment to customers or distribution
centers. This includes assembling orders, packaging
goods in shipping containers, labeling packages with
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Open Account
▶ An open account situation is
possible only when a foreign
currency can be freely bought or
traded in the importer’s country.
While open account transactions
are more common in situations
where foreign currency can be
freely bought or traded in the
importer's country, they can still
occur even in countries with
restrictions on currency
exchange. In such cases,
parties involved may agree upon
terms and conditions that
accommodate the limitations
imposed by currency controls or
other regulations. However, the
absence of currency
convertibility may affect the
terms and risk management
strategies adopted in the
transaction.
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Cargo Transport
▶ Cargo transport units
transported with a fumigation
material not present in the
container are regulated under
the IATA Code. The
International Air Transport
Association (IATA) does not
specifically regulate the
presence of fumigation materials
in cargo transport units.
However, there are regulations
and guidelines set forth by
various international
organizations and regulatory
bodies, such as the International
Maritime Organization (IMO)
and the International Plant
Protection Convention (IPPC),
which govern the fumigation of
cargo containers and transport
units to prevent the spread of
pests and diseases.
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Cargo Transport
▶ For air transport, the International Air
Transport Association (IATA)
primarily regulates the safe
transportation of dangerous goods by
air through the IATA Dangerous
Goods Regulations (DGR). While the
DGR includes provisions for the
transportation of certain fumigants
and pesticides as dangerous goods, it
does not specifically address the
presence of fumigation materials in
cargo transport units.
Instead, regulations regarding the
fumigation of cargo transport units
are typically established by national
authorities or agencies responsible
for agriculture, plant protection, and
public health. These regulations may
require proper documentation,
certification, and handling procedures
for fumigated cargo transport units to
ensure compliance with international
standards and prevent risks to human
health, the environment, and the
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Express warranties
▶ Express warranties are
considered “extra coverage” or
“extra conditions” that must be
adhered to in the case of a
claim. They are specific
guarantees or promises made
by a seller to a buyer
regarding the quality,
performance, or
characteristics of a product or
service. These warranties can
be made verbally or in writing,
and they form part of the sales
contract between the buyer
and the seller. Overall,
express warranties play an
important role in consumer
protection by providing buyers
with assurance regarding the
quality and performance of the
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Express warranties
▶ Key characteristics of express
warranties include:
1. Explicit Representation: Express
warranties involve explicit statements
or representations made by the seller
about the product or service being
sold. These statements can include
descriptions of the product's features,
capabilities, or quality.
2. Basis of the Bargain: Express
warranties are considered
fundamental to the transaction and
are understood to be a key factor
influencing the buyer's decision to
purchase the product or service.
3. Enforceability: Express warranties are
legally binding and enforceable under
consumer protection laws. If the
product or service fails to meet the
specifications outlined in the express
warranty, the buyer may be entitled to
remedies such as repairs,
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Express warranties
▶ Key characteristics of express
warranties include:
4. Duration and Scope: The
duration and scope of an
express warranty can vary
depending on the terms
specified by the seller. Some
warranties may cover the
product or service for a limited
period of time, while others may
provide coverage for specific
components or aspects of the
product.
5. Disclosure Requirements:
Sellers are typically required to
clearly disclose any express
warranties associated with the
sale of a product or service. This
helps ensure transparency and
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Dangerous Goods
▶ The permit for the forbidden items
require to indicate the product,
quantity, packaging, labelling, etc...
details. Only permit must
accompany the dangerous goods
transport document. Indeed, when
transporting forbidden or restricted
items that require a permit, it's
crucial to ensure that the permit
accompanies the dangerous goods
transport document.
By ensuring that the permit
accompanies the dangerous goods
transport document, transporters
can provide regulatory authorities
with all necessary information to
verify compliance with regulations
and ensure the safe transportation
of forbidden or restricted items.
This helps prevent incidents,
protect public safety, and maintain
regulatory compliance throughout
the transportation process.
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Dangerous Goods
▶ This permit typically contains detailed
information about the forbidden or
restricted items being transported,
including:
1. Product Description: A clear
description of the forbidden or
restricted item being transported. This
may include its chemical composition,
physical characteristics, or other
relevant details.
2. Quantity: The quantity or volume of the
forbidden or restricted item being
transported. This helps ensure that the
transporter, as well as regulatory
authorities, are aware of the amount
being moved.
3. Packaging: Details about the
packaging used to contain the
forbidden or restricted item during
transportation. This may include
information about the type of
packaging, such as drums, cylinders,
or bulk containers, as well as any
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Dangerous Goods
▶ This permit typically contains
detailed information about the
forbidden or restricted items
being transported, including:
4. Labeling: Requirements for
labeling the packaging containing
the forbidden or restricted item.
This may include specific hazard
labels or markings mandated by
regulations to ensure proper
handling and identification.
5. Other Requirements: Any
additional details or requirements
specified by regulatory
authorities for the transport of
forbidden or restricted items.
This could include information
about handling procedures,
emergency response protocols,
or documentation requirements.
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Freight Forwarders
▶ The majority of forwarders
establish their own carrier code
with Canada Customs.
Establishing their own carrier
code with Canada Customs is a
common practice among freight
forwarders. This unique carrier
code allows forwarders to
streamline customs clearance
processes for the goods they are
transporting into or out of
Canada.
Overall, establishing their own
carrier code with Canada
Customs empowers forwarders
to efficiently manage customs
clearance processes, enhance
client service offerings, and
ensure compliance with
regulatory requirements,
ultimately contributing to
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Freight Forwarders
▶ Here's why forwarders typically
establish their own carrier code:
1. Customs Clearance: Having their own
carrier code enables forwarders to act
as the carrier of goods in the customs
documentation. This allows them to
manage the customs clearance process
on behalf of their clients, facilitating the
smooth movement of goods across
borders.
2. Control and Efficiency: By having their
own carrier code, forwarders have
greater control over the customs
clearance process. They can manage
documentation, declarations, and
compliance requirements more
efficiently, reducing delays and ensuring
timely delivery of goods.
3. Client Service: Establishing a carrier
code allows forwarders to offer
comprehensive services to their clients,
including end-to-end logistics solutions
that encompass customs clearance.
This enhances the overall service
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Freight Forwarders
▶ Here's why forwarders typically
establish their own carrier code:
4. Regulatory Compliance:
Operating under their own carrier
code ensures that forwarders
comply with customs regulations
and requirements set forth by
Canada Customs. This helps
avoid potential issues or
penalties related to incorrect or
incomplete documentation.
5. Brand Identity: Having their own
carrier code also reinforces the
brand identity of forwarders in
the industry. It signifies
professionalism, reliability, and
expertise in managing
international freight shipments,
which can be appealing to clients
seeking trusted logistics partners.
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Freight Forwarders
▶ Logs, lumber, wood with bark
attached, wood chips, bark chips,
bamboo products, decorative
wood items and dry cones are
required to be treated. This
treatment is typically aimed at
mitigating the risk of spreading
pests, diseases, and invasive
species that may be present in the
wood.
These treatments are typically
mandated by international
phytosanitary regulations, such as
the International Plant Protection
Convention (IPPC) and
regulations set forth by individual
countries' plant health authorities.
Compliance with these regulations
helps prevent the spread of
harmful pests and diseases,
safeguarding both natural
ecosystems and agricultural
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Freight Forwarders
▶ Common treatments for
wood products include:
1. Heat Treatment: Heating the
wood to a specific
temperature for a set
duration to kill pests and
pathogens. This process,
known as heat treatment or
kiln drying, is often used for
lumber, logs, and wooden
packaging materials.
2. Fumigation: Exposing the
wood to fumigants, such as
methyl bromide, to eradicate
pests and their eggs or
larvae. Fumigation is
commonly used for wood
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Freight Forwarders
▶ Common treatments for
wood products include:
3. Chemical Treatment:
Treating the wood with
chemical preservatives to
protect it against decay,
insects, and fungi. Chemical
treatments are often applied
to lumber, utility poles, and
outdoor wooden structures.
4. Bark Removal: Removing the
bark from wood products to
eliminate potential hiding
places for pests and
pathogens. Bark removal
may be required for logs,
lumber, and wooden
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Freight Forwarders
▶ Failure to comply with
phytosanitary regulations can
result in the rejection of
shipments at the border,
costly delays, or even fines
and penalties. Therefore, it's
essential for exporters and
importers of wood products
to ensure that their
shipments are properly
treated and accompanied by
the necessary phytosanitary
certificates and
documentation.
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CANUTEC
▶ CANUTEC (Canadian Transport
Emergency Centre) is part of
Transport Canada. CANUTEC’s
responsibilities are to assist
emergency response personnel in
dealing with dangerous goods
emergencies by any mode of
transport. CANUTEC serves as
Canada's national emergency
response center for transportation
incidents involving dangerous
goods, regardless of the mode of
transport (road, rail, air, or water).
CANUTEC plays a critical role in
enhancing the safety and
effectiveness of emergency
response efforts across Canada by
providing timely and accurate
assistance to those dealing with
incidents involving dangerous
goods. Its expertise and resources
help mitigate risks, minimize
environmental impact, and protect
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CANUTEC
▶ CANUTEC's primary responsibilities
include:
1. Emergency Response Assistance:
Providing immediate technical
advice and guidance to emergency
responders dealing with incidents
involving dangerous goods,
including chemical spills, leaks,
fires, or accidents.
2. Hazardous Materials Information:
Offering access to a comprehensive
database of hazardous materials
information, including safety data
sheets (SDS), chemical properties,
handling procedures, and
emergency response protocols.
3. 24/7 Emergency Hotline: Operating
a dedicated 24-hour hotline that
emergency responders can contact
for assistance and guidance during
transportation emergencies
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Cargo Control Number
▶ Cargo control numbers can not
be duplicated if required. Cargo
control numbers (CCNs) are
unique identifiers assigned to
shipments for tracking and
documentation purposes. They
are used primarily in the
transportation and logistics
industry to track the movement
of cargo from its point of origin
to its destination.
It's essential that cargo control
numbers are not duplicated,
especially when required for
regulatory or operational
reasons. Duplicating CCNs
could lead to confusion, errors in
tracking, and logistical problems
such as misrouting or
misidentification of shipments.
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Cargo Control Number
▶ To prevent duplication of cargo
control numbers, logistics
providers typically implement
systems and procedures to
ensure that each CCN is
assigned only once to a specific
shipment. This may involve
using unique alphanumeric
combinations, employing
centralized databases or
tracking systems, and
implementing strict protocols for
generating and assigning CCNs.
By maintaining unique and non-
duplicated cargo control
numbers, logistics providers can
effectively track and manage
shipments, ensure accurate
documentation, and facilitate
smooth transportation and
delivery processes.
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Gross Negligence
▶ Gross negligence is defined as an
act that indicates recklessness or
a total disregard for the interests
of others. It is a legal concept that
refers to a severe form of
negligence characterized by a
reckless or willful disregard for the
safety or well-being of others. It
involves behavior that goes
beyond mere carelessness or
ordinary negligence and
demonstrates a conscious
indifference or reckless disregard
for the consequences of one's
actions.
Acts of gross negligence often
involve extreme or egregious
conduct that creates a high risk of
harm to others. This could include
actions such as knowingly
ignoring safety protocols, failing to
take reasonable precautions to
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Gross Negligence
▶ In legal proceedings, gross
negligence is typically
viewed as more serious than
ordinary negligence and may
result in more severe
consequences, including
punitive damages or criminal
liability, depending on the
jurisdiction and the specific
circumstances of the case.
Overall, gross negligence is
a legal standard used to hold
individuals or entities
accountable for particularly
reckless or egregious
behavior that causes harm or
injury to others.
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Dangerous Goods
▶ Lithium-ion (rechargeable) and
lithium metal (non-rechargeable)
batteries are considered dangerous
goods for multimodal transport, as
their failure can lead to fire and
serious safety incidents. These
batteries are widely used in various
electronic devices, including
smartphones, laptops, cameras, and
medical equipment, making them
common items in international trade.
Given the potential safety hazards
posed by lithium batteries, it's crucial
for shippers, carriers, and handlers
to adhere to the applicable
regulations and guidelines to ensure
the safe transportation of these
goods. This includes proper
packaging, labeling, documentation,
and compliance with safety
protocols to prevent accidents, fires,
or other incidents during transport.
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Dangerous Goods
▶ Key reasons why lithium
batteries are classified as
dangerous goods include:
1. Fire Hazard: Lithium batteries
contain highly reactive materials
that can ignite if damaged,
short-circuited, or exposed to
excessive heat. Once ignited,
lithium batteries can release
intense heat and flames, posing
a significant fire hazard.
2. Thermal Runaway: Lithium
batteries are susceptible to a
phenomenon known as thermal
runaway, where an increase in
temperature triggers a self-
reinforcing reaction that leads to
rapid overheating and potentially
explosive failure.
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Damage/Loss
▶ Shipping exposes goods to risks of
damage/losses that may bring
financial cost to parties who have a
financial interest in the goods.
These risks can arise at different
stages of the shipping process,
including:
1. Transportation Risks: Goods can
be damaged or lost during transit
due to accidents, rough handling,
improper stowage, adverse
weather conditions, or other
unforeseen events. For example,
cargo may suffer damage from
moisture, theft, or breakage during
shipment.
2. Customs and Regulatory Risks:
Delays or complications in customs
clearance, import/export
restrictions, or non-compliance with
regulatory requirements can result
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Damage/Loss
▶ Shipping exposes goods to risks of
damage/losses that may bring financial
cost to parties who have a financial
interest in the goods. These risks can
arise at different stages of the shipping
process, including:
3. Market Risks: Fluctuations in market
conditions, currency exchange rates,
tariffs, or trade policies can impact the
value or demand for goods, potentially
leading to financial losses for parties
involved in international trade.
4. Supply Chain Risks: Disruptions in the
supply chain, such as delays in
production, transportation bottlenecks,
labor strikes, or disruptions to key
suppliers, can affect the timely delivery
of goods and increase costs for
stakeholders.
5. Insurance Risks: Inadequate or
insufficient insurance coverage for
goods in transit can leave parties
vulnerable to financial losses in the
event of damage, loss, or theft during
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ADGR
▶ The ADRG, or the Accord européen
relatif au transport international des
marchandises Dangereuses par
Route (European Agreement
concerning the International
Carriage of Dangerous Goods by
Road), indeed requires that
accidental releases of dangerous
goods from a means of containment
must be immediately reported.
However, the requirement to report
immediately applies to all accidental
releases of dangerous goods,
regardless of the quantity or class.
Immediate reporting is essential to
ensure timely response and
mitigation of potential hazards to
public safety, the environment, and
property. By reporting accidents
promptly, authorities can take
appropriate measures to contain the
situation, minimize risks, and
prevent further harm.
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ADGR
▶ While there are specific
reporting thresholds for certain
types of dangerous goods
releases, the obligation to
report immediately applies
universally to all accidental
releases covered by the
ADRG. These reporting
thresholds may vary
depending on factors such as
the type of substance, its
quantity, and the level of risk it
poses.
Overall, immediate reporting
of accidental releases of
dangerous goods is a critical
requirement under the ADRG
to facilitate effective
emergency response and
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Transport Canada
▶ Transport Canada issue a
permit to shippers that allows
them to ship items that are
normally forbidden. These
permits are typically granted
under specific circumstances
and are subject to certain
conditions and requirements to
ensure the safe transportation of
the prohibited items.
Overall, permits issued by
Transport Canada for the
transportation of normally
forbidden items serve to balance
the need for regulatory control
and public safety with the
recognition of legitimate
exceptions or special
circumstances where the
transportation of such items may
be warranted under controlled
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Transport Canada
▶ Here are some key points about
permits issued by Transport Canada
for the transportation of normally
forbidden items:
1. Special Circumstances: Permits may
be issued by Transport Canada in
cases where there are special
circumstances or legitimate reasons
for transporting items that are
otherwise prohibited or restricted.
These circumstances may include
situations such as scientific research,
testing, exhibitions, or emergency
response activities.
2. Application Process: Shippers
seeking permits for transporting
forbidden items typically need to
submit an application to Transport
Canada providing detailed
information about the nature of the
goods, the intended transportation
route, the purpose of the shipment,
and the measures in place to ensure
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Transport Canada
▶ Here are some key points about permits issued
by Transport Canada for the transportation of
normally forbidden items:
3. Approval Process: Transport Canada
evaluates permit applications on a case-by-
case basis to determine whether the proposed
transportation of forbidden items can be
conducted safely and in accordance with
regulatory requirements. Approval of permits
may be contingent upon meeting specific
conditions, such as packaging, labeling,
handling procedures, and safety precautions.
4. Regulatory Compliance: Even with a permit,
shippers are still required to comply with
relevant regulations governing the
transportation of dangerous goods, hazardous
materials, or other forbidden items. This
includes adherence to packaging standards,
labeling requirements, documentation
procedures, and safety protocols to minimize
risks and ensure regulatory compliance.
5. Oversight and Monitoring: Transport Canada
may exercise oversight and monitoring of
permit holders to verify compliance with permit
conditions and regulatory requirements. Non-
compliance with permit conditions or misuse of
permits can result in penalties, revocation of
permits, or other enforcement actions.
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Shortages/Damages
▶ As soon as any shortages or
damages are noticed, they
should be immediately reported
to the carrier and the insurance
company or its nearest claims-
settling agent. Promptly reporting
any shortages, damages, or
discrepancies in shipments to
both the carrier and the
insurance company (or its
nearest claims-settling agent) is
crucial for initiating the claims
process and seeking
compensation for the losses
incurred.
Immediate reporting of
shortages, damages, or
discrepancies in shipments to
both the carrier and the
insurance company is essential
for protecting the interests of the
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Shortages/Damages
▶ Here's why immediate reporting is
essential:
1. Preservation of Evidence:
Reporting shortages or damages
promptly helps preserve evidence
of the condition of the goods at
the time of delivery. This evidence
may include photographs,
inspection reports, and
documentation, which can be
crucial for assessing liability and
supporting the insurance claim.
2. Timely Investigation: Prompt
reporting allows the carrier and
the insurance company to conduct
timely investigations into the
circumstances surrounding the
shortages or damages. This
includes determining the cause of
the loss, assessing the extent of
the damage, and identifying any
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Shortages/Damages
▶ Here's why immediate reporting is
essential:
3. Compliance with Terms and Conditions:
Many insurance policies and carrier
contracts specify time limits for reporting
losses or damages. Failing to report
promptly may result in the denial of a
claim or the forfeiture of coverage under
the insurance policy or carrier contract.
4. Mitigation of Losses: Prompt reporting
enables the carrier and the insurance
company to take immediate action to
mitigate further losses or damages. This
may include arranging for repairs,
replacements, or salvage operations to
minimize the financial impact on the
insured party.
5. Facilitation of Claims Settlement: Early
notification of losses or damages
expedites the claims settlement process
by providing the carrier and the
insurance company with the information
they need to assess the claim, negotiate
settlements, and issue compensation in
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Freight Forwarders
▶ Freight forwarders acting on
behalf of shippers, exporters,
and importers must verify that
the shipper, exporter, or
importer has followed all of
the correct and applicable
regulations, rules, and
procedures. By verifying
compliance with regulations,
rules, and procedures, freight
forwarders help ensure the
smooth and efficient
transportation of goods while
minimizing the risk of delays,
fines, penalties, or other
compliance-related issues.
Their expertise and attention
to detail are essential for
navigating the complex
regulatory landscape of
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Freight Forwarders
▶ Here's how they typically verify
compliance:
1. Documentation Review: Freight
forwarders carefully review all
documentation provided by the
shipper, exporter, or importer to
ensure that it complies with
applicable regulations. This may
include bills of lading, commercial
invoices, packing lists,
export/import permits, certificates of
origin, and any other relevant
documentation.
2. Regulatory Compliance Checks:
Freight forwarders verify that the
goods being transported comply
with all relevant regulations and
requirements, including those
related to customs clearance,
export controls, dangerous goods
transportation, sanitary and
phytosanitary measures, and any
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Freight Forwarders
▶ Here's how they typically verify compliance:
3. Packaging and Labeling Compliance: Freight
forwarders ensure that the packaging and
labeling of the goods meet the requirements
of the destination country or countries, as well
as any applicable international standards.
This includes verifying that hazardous
materials are properly packaged, labeled, and
documented in accordance with regulations
such as the IMDG Code or IATA Dangerous
Goods Regulations.
4. Transportation Mode Compliance: Depending
on the mode of transportation (e.g., air, sea,
road, rail), freight forwarders verify that the
goods are being transported in compliance
with the specific regulations and requirements
governing that mode of transport. For
example, they may ensure that cargo is
properly secured and stowed, temperature-
controlled if necessary, and accompanied by
the appropriate documentation.
5. Customs Compliance: Freight forwarders
assist shippers, exporters, and importers in
preparing customs documentation and
ensuring compliance with customs
regulations and procedures. This includes
providing guidance on tariff classification,
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Freight Forwarders
▶ The best way to get the policy that is
most suited to a particular company’s
needs is to fill out the insurer’s
application as completely as possible,
including such information as the type
of goods involved, where shipments
are going to or originating from, the
limit required for each shipment, and
any previous losses. Providing
comprehensive information allows the
insurer to assess the level of risk
associated with insuring the company's
shipments and tailor the policy
accordingly.
By providing detailed information on
the insurer's application form,
companies can facilitate a thorough
risk assessment process, enabling
insurers to offer policies that address
their specific needs and exposures.
Additionally, accurately disclosing
information helps prevent disputes or
coverage issues in the event of a
claim, as insurers base their coverage
decisions on the information provided
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Freight Forwarders
▶ Here's why each piece of
information is important:
1. Type of Goods Involved: The
nature of the goods being
shipped can significantly impact
the level of risk and the type of
coverage required. Hazardous
materials, perishable goods,
high-value items, or specialized
equipment may have different
insurance requirements and
considerations.
2. Origination and Destination:
Knowing where shipments are
going to and originating from
helps insurers assess factors
such as transportation routes,
geopolitical risks, local
regulations, and exposure to
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Freight Forwarders
▶ Here's why each piece of
information is important:
3. Limit Required for Each Shipment:
Determining the appropriate
coverage limit for each shipment
is essential for ensuring adequate
protection against potential
losses. This limit should reflect the
value of the goods being
transported and any financial
liabilities associated with the
shipment.
4. Previous Losses: Providing
information about any previous
losses or claims helps insurers
assess the company's claims
history and risk profile. This
information allows insurers to
better understand the company's
risk management practices and
may influence premium rates or
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Freight Forwarders
▶ In March 2012, the International
Plant Protection Convention (IPPC)
adopted a wood packaging standard
that recognizes the risks associated
with the use of wood packaging.
ISPM 15 aims to prevent the spread
of pests and diseases that can be
transported through untreated wood
packaging materials such as pallets,
crates, and dunnage. These pests
and diseases can pose serious
threats to agriculture, forestry, and
ecosystems in importing countries.
By adopting ISPM 15, countries aim
to harmonize phytosanitary
measures related to wood
packaging materials and facilitate
international trade while minimizing
the risk of introducing invasive pests
and diseases. Compliance with
ISPM 15 standards is typically
required for the import and export of
wood packaging materials in many
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Freight Forwarders
▶ Key provisions of ISPM 15
include:
1. Heat Treatment or Fumigation:
Wood packaging materials
covered by ISPM 15 must
undergo either heat treatment
or fumigation with methyl
bromide to kill any pests or
larvae present in the wood. The
treatment must meet specified
temperature or concentration
levels to be considered
effective.
2. Marking Requirements: Treated
wood packaging materials must
be marked with an approved
stamp or mark that indicates
compliance with ISPM 15
standards. This mark typically
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Freight Forwarders
▶ Key provisions of ISPM 15
include:
3. Phytosanitary Certificate: Treated
wood packaging materials may
require a phytosanitary certificate
issued by the national plant
protection organization of the
exporting country. This certificate
verifies that the wood packaging
materials have been treated in
accordance with ISPM 15
requirements.
4. Exemptions and Alternative
Measures: ISPM 15 provides
exemptions for certain types of
wood packaging materials, as well
as alternative measures for
treatment or certification in
specific circumstances. These
exemptions and alternative
measures are subject to approval
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Global Trade Chokepoints
Insurance
▶ The insurer is liable for any
loss attributable to the willful
misconduct of the insured, or
for any loss proximately
caused by delay, or for any
inevitable loss or damage
such as wear and tear,
inherent vice, or the nature of
the subject matter. This is a
standard provision commonly
found in insurance policies,
often referred to as
exclusions.
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Insurance
▶ Let me break it down:
• Willful Misconduct of the Insured: If the
insured intentionally causes a loss or
damage, the insurer is not obligated to cover
it. This prevents individuals from purposefully
damaging property or engaging in fraudulent
activities expecting insurance to cover the
costs.
• Loss Proximately Caused by Delay: If a loss
occurs due to a delay, and that delay can be
directly linked to the cause of the loss, the
insurer may not be liable. For instance, if a
delay in reporting a claim leads to increased
damage, the insurer might refuse coverage
for the additional loss caused by the delay.
• Inevitable Loss or Damage: This refers to
losses or damages that are bound to happen
due to factors beyond anyone's control, such
as wear and tear, inherent vice (inherent
defects or weaknesses in the property), or
the nature of the subject matter. Insurers
typically don't cover such losses because
they are considered foreseeable and not
unexpected.
These exclusions help define the boundaries
of coverage and protect the insurer from
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Air Cargo Security
(ACS)
▶ Transport Canada has launched
an Air Cargo Security (ACS)
Program for the freight forwarding,
transportation, logistics, and
supply chain industries. Air Cargo
Security (ACS) refers to the
measures and protocols put in
place to ensure the safety and
security of air cargo shipments.
With the significant volume of
goods transported by air freight
worldwide, maintaining the
security of these shipments is
crucial to prevent unauthorized
access, theft, tampering, or
potential threats to aviation
security.
ACS encompasses various
security procedures and
regulations imposed by
government agencies,
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Air Cargo Security
(ACS)
▶ These measures aim to:
1. Prevent Unauthorized Access: Access to
cargo areas and facilities where shipments
are stored or processed is restricted to
authorized personnel only. Access control
systems, such as identification checks and
secure entry points, help prevent
unauthorized individuals from entering
restricted areas.
2. Screening and Inspection: Cargo
shipments undergo thorough screening
and inspection procedures to detect and
identify any prohibited items, hazardous
materials, or security threats. This may
include X-ray scanning, explosive
detection, physical inspection, and the use
of security technology to ensure the
integrity of cargo contents.
3. Security Documentation and Verification:
Proper documentation and verification
processes are essential to ensure the
legitimacy and authenticity of cargo
shipments. This includes verifying the
identity of senders and recipients,
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Air Cargo Security
(ACS)
▶ These measures aim to:
4. Chain of Custody: Maintaining a secure chain of
custody throughout the transportation process is
crucial for tracking and monitoring the movement
of cargo from origin to destination. This involves
implementing procedures to prevent tampering,
theft, or unauthorized access during transit.
5. Security Training and Awareness: Training
programs and awareness initiatives are essential
to educate personnel involved in air cargo
operations about security protocols, procedures,
and best practices. This helps ensure that all
stakeholders are aware of their roles and
responsibilities in maintaining cargo security.
6. Regulatory Compliance: Compliance with
national and international regulations governing
air cargo security is mandatory for airlines,
freight forwarders, shippers, and other entities
involved in the transportation of air cargo. These
regulations establish minimum security
standards and requirements that must be
followed to mitigate security risks effectively.
Overall, effective air cargo security measures are
essential for safeguarding the integrity of air cargo
shipments, protecting against security threats, and
maintaining the safety and reliability of the global air
transportation network.
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Truck Shipment
▶ Truck shipments entering Canada are not required to
be documented in advance on an approved cargo
control document. When truck shipments enter
Canada, they are required to be documented in
advance on an approved cargo control document.
This document serves as a declaration of the goods
being transported and provides essential information
for customs clearance and security purposes.
The approved cargo control document typically
includes details such as:
1. Description of Goods: A description of the goods
being transported, including their quantity, value, and
any relevant specifications.
2. Sender and Receiver Information: Information about
the sender (exporter) and the receiver (importer),
including their names, addresses, and contact
details.
3. Transportation Details: Details about the mode of
transportation (in this case, truck), including the
vehicle's registration number, driver's information,
and the route being taken.
4. Customs Information: Any customs-related
information, such as tariff classification codes, duty
rates, and any applicable permits or licenses.
5. Security Information: Security-related details, such as
seals applied to the cargo, security screening results,
and any other security measures implemented during
transportation.
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FPA
▶ An FPA policy covers goods against total loss by
marine perils. Partial losses other than general
average losses are recoverable only in certain
cases.
In the context of an FPA policy:
1. Total Loss Coverage: The policy typically covers
the insured goods for total loss resulting from
marine perils. If the goods are completely
destroyed or irretrievably lost due to a covered
event, the policyholder is entitled to
compensation for the full value of the goods
insured.
2. Partial Loss Coverage: Unlike total losses, partial
losses (where only a portion of the goods is
damaged or lost) are only recoverable under
specific circumstances in an FPA policy.
Typically, partial losses other than general
average losses may be covered only if they meet
certain criteria outlined in the policy.
3. General Average Losses: General average
losses occur when sacrifices or expenses are
intentionally incurred for the common safety of
the ship and cargo during a voyage. These
expenses are shared proportionally among all
parties with a financial interest in the voyage,
including the cargo owners. FPA policies often
exclude coverage for general average losses
because they are considered to be shared
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FPA
▶ In summary, while an FPA
policy provides coverage for
total loss by marine perils,
coverage for partial losses is
limited and may only be
recoverable in specific cases
outlined in the policy.
General average losses are
typically excluded from
coverage under FPA
policies. It's essential for
policyholders to review their
insurance contracts carefully
to understand the scope of
coverage and any exclusions
or limitations that may apply.
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The IATA Carnet
▶ The IATA Carnet is not a Customs document
that acts like an international passport for goods.
It simplifies customs procedures for goods
intended for temporary use, such as trade
shows, exhibitions, and professional equipment.
Here's how it works:
1. Temporary Importation: The Carnet allows goods
to be temporarily imported into participating
countries for a limited period, typically up to one
year. This temporary importation is permitted for
specific purposes, such as trade fairs,
exhibitions, or professional activities.
2. Duty and Tax Exemption: By presenting a
Carnet at customs, the holder can temporarily
import goods without paying duties or taxes. This
exemption applies to both import duties and
value-added taxes (VAT) that would typically be
levied on imported goods.
3. Simplified Customs Procedures: The Carnet
simplifies customs procedures by providing a
unified document that serves as both a customs
declaration and a guarantee for the temporary
importation of goods. Instead of dealing with
separate customs declarations and deposits for
each country, the holder presents the Carnet at
customs checkpoints for validation and
clearance.
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The IATA Carnet
▶ The IATA Carnet is not a Customs document
that acts like an international passport for
goods. It simplifies customs procedures for
goods intended for temporary use, such as
trade shows, exhibitions, and professional
equipment.
Here's how it works:
4. Multiple Countries: The Carnet is accepted in
over 80 countries and territories that are
members of the ATA Carnet system. This
includes many major trading nations around
the world, making it a valuable tool for
businesses engaged in international trade
and temporary exports.
5. Security Deposit: While the Carnet exempts
the holder from paying duties and taxes
upfront, it does require the holder to provide
a security deposit or guarantee to cover
potential liabilities in case the goods are not
re-exported within the specified timeframe or
are misused.
Overall, the IATA Carnet streamlines the
process of temporarily importing goods into
foreign countries for specific purposes, providing
cost savings and administrative efficiency for
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Open Policies
▶ Open policies are not
suitable for most merchants
sending or receiving goods,
and their chief disadvantage
is that coverage is not
automatic. Indeed, open
policies can be a convenient
choice for many merchants
involved in sending or
receiving goods
internationally. These
policies provide continuous
coverage for multiple
shipments over a specified
period, typically a year,
without the need to obtain
separate insurance for each
individual shipment. This can
streamline the insurance
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Open Policies
▶ However, as we mentioned, the
chief disadvantage of open policies
is that coverage is not automatic.
Unlike specific voyage or single
shipment policies, where coverage
is triggered automatically for each
shipment, open policies require the
insured party to declare each
shipment separately to ensure
coverage. Failure to declare
shipments correctly or in a timely
manner can result in the shipment
not being covered under the policy.
Additionally, open policies may
require more administrative effort to
manage, as the insured party is
responsible for accurately
recording and reporting each
shipment to the insurer. This can
be challenging for businesses with
high shipment volumes or complex
logistics arrangements.
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Open Policies
▶ Despite these drawbacks,
open policies remain a
popular choice for many
merchants due to their
flexibility and potential cost
savings over time, especially
for businesses with regular
and predictable shipping
patterns. However, it's
essential for businesses to
understand the requirements
and limitations of open
policies and to ensure proper
compliance with reporting
procedures to maintain
coverage for their shipments.
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Open Policies
▶ Under an open policy, if
documentation is required for
a particular shipment, a
certificate of insurance is
prepared. This certificate
serves as proof of coverage
for that specific shipment
under the terms of the open
policy. It outlines key details
of the insurance coverage,
such as the insured party,
the type of goods being
shipped, the insured value,
and any applicable terms
and conditions.
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Open Policies
▶ The certificate of insurance is
provided to the party requesting
documentation for the shipment,
such as a shipping agent, freight
forwarder, or customs authority. It
demonstrates that the shipment is
adequately insured under the open
policy and provides assurance that
the insurer will indemnify the insured
party for any covered losses or
damages that may occur during
transit.
Preparing a certificate of insurance
for each shipment allows the insured
party to comply with documentation
requirements while maintaining the
benefits of the open policy, such as
continuous coverage for multiple
shipments over a specified period. It
also facilitates the efficient
processing of shipments through
customs and other regulatory
checkpoints by providing proof of
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The Canadian Import
Control List (CIFL)
▶ Certain dairy and agricultural
products, textile products,
carbon steel and specialty
steels, endangered species of
wild flora and fauna, and
weapons and ammunition are
in the Canada CIFL is an
inaccurate statement. Due to
these being just a few
examples, and the CIFL
covers a wide range of
products and commodities.
Importers should consult the
Canadian Import Control List
and other relevant regulations
to determine whether their
products are subject to import
controls and to ensure
compliance with Canadian
import laws and regulations.
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The Canadian Import
Control List (CIFL)
▶ The Canadian Import Control List (CIFL) is
an extensive document that outlines
various products subject to import controls
and regulations in Canada. While I can't
provide an exhaustive list of all the
products included in the CIFL, I can
highlight some of the key categories
commonly subject to import controls:
1. Agricultural Products: This category
includes items such as dairy products,
poultry, eggs, and certain grains. Import
controls are often in place to manage
quotas, tariffs, and other measures to
support domestic agricultural producers
and ensure food safety standards.
2. Textiles and Apparel: Textile and apparel
products are frequently subject to import
quotas, tariffs, and other restrictions to
protect domestic textile industries and
maintain fair competition in the market.
3. Steel and Specialty Metals: Certain types
of steel and specialty metals may be
subject to import controls to protect
domestic steel producers or address
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The Canadian Import
Control List (CIFL)
▶ The Canadian Import Control List (CIFL)
is an extensive document that outlines
various products subject to import
controls and regulations in Canada. While
I can't provide an exhaustive list of all the
products included in the CIFL, I can
highlight some of the key categories
commonly subject to import controls:
4. Automobiles and Automotive Parts:
Import restrictions may apply to
automobiles and automotive parts to
manage trade flows and support the
domestic automotive industry.
5. Endangered Species and Wildlife
Products: Import controls are in place to
regulate the trade of endangered species
and their products, including wildlife
specimens, parts, and derivatives, to
ensure compliance with international
conservation agreements.
6. Firearms and Ammunition: Importation of
firearms, ammunition, and certain types of
weapons is strictly regulated in Canada
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Transportation of
Dangerous Goods
Regulations (TDGR)
▶ In Canada, the transportation of
dangerous goods by ground, whether
for domestic or transborder purposes, is
regulated by the Transportation of
Dangerous Goods Regulations (TDGR).
These regulations establish the
requirements and standards for the safe
handling, shipping, and transportation of
hazardous materials by road, rail, and
other modes of ground transport.
The TDGR covers a wide range of
hazardous materials, including but not
limited to:
1. Explosives
2. Gases
3. Flammable liquids
4. Flammable solids
5. Oxidizing substances
6. Toxic and infectious substances
7. Radioactive materials
8. Corrosive substances
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Transportation of
Dangerous Goods
Regulations (TDGR)
▶ Key provisions of the TDGR
include requirements for proper
classification, packaging, labeling,
placarding, and documentation of
dangerous goods shipments. It
also mandates training for
personnel involved in the
transportation of hazardous
materials and establishes
emergency response procedures
in case of incidents or accidents
involving dangerous goods.
Compliance with the TDGR is
essential for ensuring the safety of
individuals, property, and the
environment during the
transportation of hazardous
materials by ground. Failure to
comply with these regulations can
result in penalties, fines, and legal
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Transportation of
Dangerous Goods
Regulations (TDGR)
▶ Transportation companies,
shippers, carriers, and other
parties involved in the
transportation of dangerous
goods by ground must
familiarize themselves with
the requirements of the
TDGR and take appropriate
measures to ensure
compliance with the
regulations. Additionally, they
may need to obtain permits
or authorizations from
regulatory authorities
depending on the nature of
the hazardous materials
being transported and the
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Transportation of
Dangerous Goods
Regulations (TDGR)
▶ Dangerous goods are indeed
generally defined as articles
and substances that are
capable of posing a significant
risk to health, safety, property,
or the environment. This
definition encompasses a wide
range of materials, including
explosives, flammable liquids,
gases, toxic substances,
corrosives, and radioactive
materials, among others.
Proper handling, storage,
transportation, and disposal of
dangerous goods are
essential to mitigate the risks
associated with these
materials and ensure the
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Legal Liability
▶ Legal liability establish the legal
responsibilities written either in a
contract or by the law of the land. It
outlines the duties and responsibilities
that must be fulfilled, and failure to meet
these obligations can result in legal
consequences, such as lawsuits, fines,
or other penalties.
Legal liability can arise from various
sources:
1. Contractual Obligations: When parties
enter into a contract, they agree to
certain terms and conditions that outline
their rights and obligations. If one party
fails to fulfill its contractual obligations, it
may be held legally liable for breach of
contract.
2. Statutory Law: Laws enacted by
legislative bodies, such as federal or
state governments, establish legal
requirements and standards that
individuals and businesses must comply
with. Violations of statutory law can lead
to legal liability, enforced through
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Legal Liability
▶ Legal liability can arise from various
sources:
3. Common Law: Legal principles
developed through judicial decisions
over time also establish legal
responsibilities. Common law doctrines,
such as negligence or strict liability,
impose obligations on individuals and
businesses to exercise reasonable care
or ensure product safety, for example.
4. Tort Liability: Tort law governs civil
wrongs that cause harm or injury to
others. Tort liability may arise from
actions such as negligence, defamation,
or intentional wrongdoing, and
individuals or entities found liable may
be required to compensate the injured
party for damages.
In summary, legal liability encompasses
the duties and responsibilities established
by contracts, statutes, common law, or tort
principles. Understanding and fulfilling these
obligations are essential for individuals and
businesses to avoid legal disputes and
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Warranty
▶ In marine insurance, a warranty is a
promise or guarantee made by the
insured party to the insurer regarding
specific conditions related to the
insured property or the conduct of
the insured during the period of
coverage. Unlike representations or
terms, which are statements of fact
or provisions of the insurance
contract, warranties are considered
to be conditions precedent to
coverage. This means that the
insurer's liability under the policy is
conditional upon strict compliance
with the terms of the warranty.
In the context of marine insurance, if
a warranty is breached, the insurer
may be entitled to deny coverage for
any losses or claims arising from that
breach, regardless of whether the
breach is directly related to the
cause of the loss or not. Even if the
breach is minor or has no direct
connection to the loss, it can still
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Warranty
▶ For example, if a marine
insurance policy includes a
warranty stating that the vessel
must have a certain type of
navigational equipment on
board, and it is discovered
during a claim investigation that
the vessel did not have that
equipment at the time of loss,
the insurer may deny coverage
for the claim, even if the loss
itself was unrelated to the
absence of the equipment.
Therefore, in marine insurance,
warranties typically require
exact compliance, regardless of
whether they are material to the
risk or not. It's crucial for insured
parties to understand and
adhere to all warranties
specified in the insurance policy
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Insurance
▶ An insurer is liable for a loss that is
proximately caused by a peril
insured against. In insurance, the
principle of proximate cause is
essential in determining whether the
insurer is liable for a loss. Proximate
cause refers to the dominant or
most immediate cause of a loss or
damage. If a peril insured against is
the proximate cause of a loss, the
insurer is generally liable to
indemnify the insured for the
resulting damages, subject to the
terms and conditions of the
insurance policy.
For example, suppose a property
insurance policy covers fire damage,
and a fire breaks out in a building,
causing extensive damage to the
structure and contents. If the fire is
determined to be the proximate
cause of the loss, the insurer would
typically be liable to compensate the
insured for the damages resulting
This Photo by Unknown Author is licensed under CC BY
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freight Final Review 5.15.pptx freight Final Review 5.15.pptx

  • 1. Welcome to class. We will begin shortly
  • 2. Today’s Objectives • To define the Incoterm options. • To enhance your understanding of the forwarding process and the part that Incoterms play in smooth transactions. • How Incoterms relate to contracts. • To help you determine which Incoterm is best for your logistics circumstance.
  • 3. What Does Incoterm Mean? INternational COmmercial TERMS “INCOTERMS define the mutual obligations of seller and buyer arising from the movement of goods under an international contract from the standpoint of risks, costs and documents.” -United Nations Conference on Trade and Development , 1990 Simply- A set of international rules for the interpretation of the most commonly used foreign trade terms.
  • 4. The Terms in Incoterms • Terms covered by Incoterms • Warehousing • Packing and loading • Inland freight • Terminal charges • Freight forwarder’s fees • Ocean/air freight • Duty, taxes, & customs clearance • Delivery • Security Clearances
  • 5. The Ever Changing Evolution of Incoterms Before 1921 • 1812: Creation of the first FOB term. • 1895: CIF term was created. • 1919: The EUA (European Union Emission Trading Scheme) created its own terms 1921-1923 •1921: Incoterms first conceived by International Chamber of Commerce (ICC). •1923: The first six rules were developed- FOB,FAS, FOT, FOR, Free Delivered CIF and C&F. 1936- 1976 •1936: Incoterms first implemented. •1956: The ICC created the next version of Incoterms. •1976: The ICC created new Incoterms, which included air transportation. 1980-2000 • 1980: The ICC adopted three new Incoterms applicable to all modes of transportation. At this time Incoterms numbered at fourteen. • 1990: New Incoterms were created to suit intermodal transport. • 2000: The ICC made a simplification in the allocation of loading and unloading costs. • At this point there were thirteen Incoterms. 2010-Now •2010: The number of Incoterms decreased to eleven. •2011: These incoterms were put into effect January 1, 2011.
  • 6. The Importance of Incoterms • Because they- • Set international rules for commonly used terms in foreign trade. • Define obligations of both parties involved in the transaction. • Determine the distribution and transfer of risks regarding goods delivered from seller to buyer. • State the clear sharing of expenses between the parties during transport. The rapid expansion of world trade and new trends in global transportation means that the same rules cannot be applied effectively in any circumstance without considering the new factors and influences.
  • 8. INCOTERM Groups • CFR- Cost and Freight • CIF- Cost, Insurance and Freight • CPT- Carriage Paid To • CIP- Carriage and Insurance Paid To DAT- Delivered at Terminal DAP- Delivered at Place DDP- Delivered Duty Paid EXW- Ex Works FCA- Free Carrier FAS- Free Alongside Ship FOB- Free on Board Contract for carriage without assuming risk of loss during shipment Bear all costs and risks needed to bring goods to place of destination Make goods available at own premises Deliver goods to a carrier appointed by buyer
  • 9. Incoterm Categories Service •EXW- Ex Works (…Named Place of Delivery) •FCA- Free Carrier (…Named Place of Delivery) Any Mode of transport including Multimodal •CPT- Carriage Paid To (…Named Place of Destination) •CIP- Carriage & Insurance Paid To (…Named Place of Destination) •DAT- Delivered at Terminal (Named Place/Port of Delivery) •DAP- Delivered at Place (…Named Place of Destination) •DDP- Delivered Duty Paid (…Named Place of Destination) Ocean •FAS- Free Alongside Ship (…Named Port of Shipment) •FOB- Free On Board (…Named Port of Shipment) •CFR- Cost and Freight (…Named Port of Destination) •CIF- Cost, Insurance and Freight (…Named Port of Destination) Acronym reflect the mode and where lines are drawn.
  • 10. Usage of Incoterms • Use the phrase “Incoterms 2010” after the rule and named place. • Clarifies that 2000 version does not apply. • Ensure you are naming the right location. • EXW, FCA, FAS, FOB, DAT, DAP =place of delivery. • CPT, CIP, CFR, CIF=place of destination. • Use contract of sale or terms and conditions. • Modifying Incoterms Rules • Not advised. • If you do modify rules ensure contract clarifies what you are modifying and what you are not.
  • 11. - Group Incoterms • CFR- Cost and Freight • Seller delivers the goods on board the vessel or procures the goods already so delivered. • The risk of loss of or damage to the goods passes when the goods are on board the vessel. • The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination. • Notes • Seller pays for unloading if the contract of carriage covers unloading • Seller clears goods for export but not import. • Seller has no obligation to obtain insurance. • Place of delivery of goods • Seller’s delivery obligation is fulfilled when goods are on board the vessel. • Risk of loss passes when the goods are on board the vessel. • Port of destination • Seller pays for carriage to port of destination.
  • 12. - Group Incoterms • CIF- Cost Insurance and Freight • Seller delivers the goods on board the vessel or procures the goods already so delivered. • The risk of loss of damage to the goods passes when the goods are on board the vessel. • The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination. • Notes • Like CFR but with additional obligation to procure insurance to port of destination. • Insurance requirement is minimum cover (institute cargo clause c) in the amount of contract price plus 10% from point of delivery to point of destination. • Seller clears goods for export but not import.
  • 13. - Group Incoterms • CIP- Carriage and Insurance Paid to • Seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between the parties); seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination. • Notes • Like CPT but with the additional requirement that seller pay for insurance to the named destination • Insurance requirement is minimum cover (institute cargo clause c) in the amount of contract price plus 10% from point of delivery to point of destination • Buyer may pay for additional coverage. Seller must provide the information necessary to allow buyer to do so.
  • 14. - Group Incoterms • CPT- Carriage Paid To • Seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any place is agreed between the parties) and the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination. • Notes • Seller clears goods for export and pays for transport through any country necessary to delivery • Seller has no obligation to pay for insurance but must provide buyer information to buy insurance at buyer’s risk and expense • Buyer obtains import licenses and carries out customs formalities • Seller pays for both loading and unloading if covered by contract of carriage
  • 15. - Group Incoterms DAP- Delivered at Place • Seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. • The seller bears all risks involved in bringing the good to the named place. • Notes • Much like DAT, but with additional obligation by seller into country of delivery • Goods are placed at buyer’s disposal at named location ready for unloading; risk passes at that point • Seller clears goods for export but not import (use DDP if intent is to require seller to clear goods for import also). • No obligation on seller to purchase insurance
  • 16. - Group Incoterms DAT- Delivered at Terminal • Seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination. • “Terminal” includes any place, whether covered or not, such as a quay, warehouse, container yard or road, rail or air cargo terminal. • The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination. • Notes • Seller’s obligation is fulfilled and risk of loss passes at same time: when the goods are unloaded at the arriving terminal and placed at buyer’s disposal. • Can specify a point within the terminal at which time the obligation is complete. • Seller clears goods for export but not for import. • No requirement of insurance. • If the intention is to carry seller’s obligation further into buyer’s country, use DAP or DDP.
  • 17. - Group Incoterms DDP- Delivered Duty Paid • Seller delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on the arriving means of transport ready for unloading at the named place of destination. • The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities. • Notes • Like DAP, but including seller’s obligation to clear goods for import—pay for any necessary licenses. • Maximum obligation for seller. • If seller is not well-suited to clear goods for import, DAP should be used • No obligation to pay for insurance.
  • 18. - Group Incoterms • Ex Works • Seller delivers when it places the goods at the disposal of buyer at the seller’s premises or another named place (i.e. works, factory, warehouse, etc.). • Seller does not need to load the goods on any collecting vehicle or clear the goods for export, where such clearance is applicable. • Fewest up front requirements for seller • Notes • Seller has no obligation to load goods, even if better-suited to do so • If seller does load goods, it does so at buyer’s expense and risk • Better-suited to domestic transport (no obligation that seller clear goods for export—only provide assistance if necessary at buyer’s expense and risk) • Buyer bears all risk of loss from time seller places goods at buyer’s disposal.
  • 19. - Group Incoterms • FAS- Free Alongside Ship • Seller delivers when the goods are placed alongside the vessel (e.g., on a quay or a barge) nominated by the buyer at the named port of shipment. • The risk of loss of or damage to the goods passes when the goods are alongside the ship, the buyer bears all costs from the moment onwards. • Notes • Can be used in a string sale where seller procures goods already delivered for shipment. • Seller is obligated to clear goods for export but not import. • Seller has no obligation to pay for contracts of carriage or insurance but may contract for carriage and must assist buyer by providing necessary information for insurance. • Not appropriate when goods in container and delivered to carrier at terminal; use FCA
  • 20. - Group Incoterms • FCA- Free Carrier • Seller delivers the goods to the carrier or another person nominated by the buyer at the seller’s premises or another named place. • The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point. • Notes • Seller does clear goods for export; import formalities are buyer’s responsibility • Seller may contract for carriage at buyer’s expense and risk
  • 21. - Group Incoterms • FOB- Free On Board • Seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered. • The risk of loss of or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards. • Notes • Notice change in 2010: “free on board” no longer means across the ship’s rail; now means on board the vessel. • Another change in 2010: if requested by buyer or if it is commercial practice and buyer does not instruct otherwise, seller may contract for carriage at buyer’s risk and expense; seller may decline but must notify buyer promptly • Like FAS but goods must be placed on board.
  • 22.
  • 23. • Exporting is an integral part of all international business • Goods manufactured in one country and destined for another must be moved across borders to enter the distribution system of the target market • It is important to be knowledgeable about the export and import documents, tariffs, quotas, and other barriers to the free flow of goods between countries • The rules and regulations that cover the exportation and importation are discussed more in the following slides.
  • 24.
  • 25. Export Restrictions • Export regulations may be designed to conserve scarce goods for home consumption or to control the flow of strategic goods to actual or potential enemies • To comply with various regulations, the exporter may have to acquire export licenses or permits from the home country • To alleviate problems of exporting, the Department of Commerce has published a revised set of export regulations known as the Export Administration Regulations (EAR)
  • 26. Determining Export Requirements • In general, there are three steps to determine the proper Export Control Classification Number (ECCN) for the commodity to be exported as follows: 1. If you are the exporter of the product but not its manufacturer, you can contact the manufacturer or developer to see if they already have an ECCN 2. Compare the general characteristics of the product to the Commerce Control List and find the most appropriate product category 3. The third step is to consult the Commerce Country Chart (CCC), to (Exhibit 15-to determine the reason(s) for control associated with your item • A general license permits exportation of certain products that are not subject to EAR control with nothing more than a declaration of the type of product, its value, and its destination • A validated license, issued only on formal application, is a specific document authorizing exportation within specific limitations designated under the EAR
  • 27.
  • 28.
  • 29.
  • 30.
  • 31. Import Restrictions • Tariffs • Exchange Permits • Quotas • Import Licenses • Standards • Boycotts • Voluntary Restrictions • Import regulations may be imposed to protect health, conserve foreign exchange, serve as economic reprisals, protect home industry, or provide revenue in the form of tariffs • The most frequently encountered trade restrictions include:
  • 32. Import Restrictions • ad valorem duties, which are based on a percentage of the determined value of the imported goods; • specific duties, a stipulated amount per unit weight or some other measure of quantity; and • a compound duty, which combines both specific and ad valorem taxes on a particular item, that is, a tax per pound plus a percentage of value 1. Tariffs: Custom duties are based on value or quantity or a combination of both and are classified as follows: To conserve scarce foreign exchange many countries impose restrictions on the amount of their currency they will exchange for the currency of another country 2. Exchange Permits:
  • 33. Import Restrictions (contd …) 3. Quotas: Countries may also impose limitations on the quantity of certain goods imported during a specific period 4. Import Licenses: As a means of regulating the flow of exchange and the quantity of a particular imported commodity, countries often require import licenses 5. Standards: Health standards, safety standards, and product quality standards are necessary to protect the consuming public from imported
  • 34. Import Restrictions (contd …) 6. Boycotts: A boycott is an absolute restriction against trade with a country, or trade of specific goods 7. Voluntary Restrictions: Countries may themselves impose restrictions on firms exporting to specific countries
  • 35. Terms of Sale 1. CIF (cost, insurance, freight) to a named overseas port of import. It includes the costs of goods, insurance, and all transportation and miscellaneous charges to the named place of debarkation 2. C&F (cost and freight) to a named overseas port. It includes the cost of the goods and transportation costs to the named place of debarkation. The cost of insurance is borne by the buyer 3. FAS (free alongside) at a named U.S. port of export. The price includes cost of goods and charges for delivery of the goods alongside the shipping vessel. The buyer is responsible for the cost of loading onto the vessel, transportation, and insurance
  • 36. Terms of Sale (contd ..) 4. FOB (free on board) at a named inland point, at a named port of exportation, or at a named vessel and port of export. The price includes the cost of the goods and delivery to the place named 5. EX (named port of origin). The price quoted covers costs only at the point of origin (example, EX Factory). All other charges are the buyer’s concern.
  • 37. Getting Paid: Foreign Commercial Payments 1. Letters of Credit 2. Bills of Exchange 3. Cash In Advance 4. Open Accounts 5. Forfaiting The five basic payment arrangements for exported goods include:
  • 38. Export Documents 1. Export Declarations 2. Consular Invoices or Certificates of Origin 3. Bill of Lading 4. Commercial Invoice 5. Insurance Policy or Certificate, and 6. Licenses • Each export shipment requires many documents to satisfy government regulations controlling exporting as well as to meet requirements for international commercial payment The most frequently required documents are:
  • 39.
  • 40. Customs-Privileged Facilities 1. Foreign trade zones (also known as free trade zones) 2. Free ports, and 3. In-bond arrangements or Maquliadoras • To facilitate export trade, countries designate areas called customs-privileged facilities, where goods can be imported for storage and/or processing with tariffs and quota limits postponed until the products leave the designated areas Customs-Privileged Facilities include:
  • 41. Logistics and Physical Distribution Activities 1. Logistics management refers to all activities involved in physically moving raw material, in- process inventory, and finished goods inventory from the point of origin to the point of use or consumption 2. A physical distribution system involves: (1) transportation mode (2) inventory quantities, and (3) packing 3. A decision involving one activity affects the cost and efficiency of one or all others 4. Total cost of the system is defined as the sum of the costs of all these activities 5. It is important to reduce the total cost instead of reducing the cost of each component of the logistics system
  • 42.
  • 43. Foreign Freight Forwarder • The foreign freight forwarder arranges for the shipment of goods as the agent for an exporter • The forwarder is an indispensable agent for an exporting firm that cannot afford an in-house specialist to handle paperwork and other export trade mechanics • A freight forwarder double-checks all assumptions made on the export declaration, such as commodity classifications, and will check the list of denied parties and end uses
  • 44. Trade • Buying and selling goods and services from other countries • The purchase of goods and services from abroad that leads to an outflow of currency – Imports • The sale of goods and services to buyers from other countries leading to an inflow of currency – Exports
  • 45. Specialisation and Trade • Different factor endowments mean some countries can produce goods and services more efficiently than others – specialisation is therefore possible: • Absolute Advantage: • Where one country can produce goods with fewer resources than another • Comparative Advantage: • Where one country can produce goods at a lower opportunity cost – it sacrifices less resources in production
  • 46. Comparative Advantage Oil (Barrels) Whisky (Litres) Russia 10 or 5 Scotland 20 or 40 One unit of labour in each country can produce either oil OR whisky. A unit of labour in Russia can produce either 10 barrels of oil per period OR 5 litres of whisky. A unit of labour in Scotland can produce either 20 barrels of oil OR 40 litres of whisky.
  • 47. Comparative Advantage Opportunity Cost = sacrifice/ gain Russia: if it moved 1 unit of labour from whisky to oil it would sacrifice 5 litres of whisky but gain 10 barrels of oil (OC = 5/10 = ½) Moving 1 unit of labour from oil to whisky production would lead to a sacrifice of 10 barrels of oil to gain 5 litres of whisky (OC of whisky is 10/5 = 2) Scotland: if it moved 1 unit of labour from whisky to oil it would sacrifice 40 litres of whisky but gain 20 barrels of oil (OC = 40/20 = 2) Moving 1 unit of labour from oil to whisky production would lead to a sacrifice of 20 barrels of oil to gain 40 litres of whisky (OC of whisky is 20/40 = ½ ) For Scotland the OC of oil is four times higher than that in Russia (2 compared to ½)
  • 48. Comparative Advantage • In Russia, oil can be produced cheaper than in Scotland (Russia only sacrifices 1 litre of whisky to produce 2 extra barrels of oil whereas Scotland would have to sacrifice 2 litres of whisky to produce 1 barrel of oil. There can be gains from trade if each country specialises in the production of the product in which it has the lower opportunity cost – Russia should produce oil; Scotland, whisky.
  • 49. Comparative Advantage Oil (Barrels) Whisky (Litres) Russia 5 2.5 Scotland 10 20 Total Output 15 22.5 Oil (Barrels) Whisky (Litres) Russia 10 0 Scotland 0 40 Total Output 10 40 Before trade – each country divides its labour between the two products: After specialisation – each country devotes its resources to that in which it has a comparative advantage.
  • 50. Comparative Advantage • Total Output has risen and trade can be arranged at a mutually agreed rate that will leave both countries better off than without trade. The rate has to be somewhere between the OC ratios (in this case 2 and ½)
  • 51. The Terms of Trade • The Terms of Trade looks at the relationship between the price received for exports and the amount of imports we are able to buy with that money. Average Price of Exports Terms of Trade = ---------------------------------------- Average Price of Imports
  • 52. Exchange Rates • Determinants of Exchange Rates: • Exchange rates are determined by the demand for and the supply of currencies on the foreign exchange market • The demand and supply of currencies is in turn determined by:
  • 53. Exchange Rates • Relative interest rates • The demand for imports (D£) • The demand for exports (S£) • Investment opportunities • Speculative sentiments • Global trading patterns • Changes in relative inflation rates
  • 54. Exchange Rates • A depreciation in exchange rate should lead to a rise in D for exports, a fall in demand for imports – the balance of payments should ‘improve’ • An appreciation of the exchange rate should lead to a fall in demand for exports and a rise in demand for imports – the balance of payments should get ‘worse’ BUT
  • 55. Exchange Rates • The volumes and the actual amount of income and expenditure will depend on the relative price elasticity of demand for imports and exports.
  • 56. Exchange Rates • Floating Exchange Rates: • Price determined only by demand and supply of the currency – no government intervention • Fixed Exchange Rates: • The value of a currency fixed in relation to an anchor currency – not allowed to fluctuate • Dirty Floating or Managed Exchange Rate: – rate influenced by government via central bank around a preferred rate
  • 58. CSC safety ▶ The CSC (Container Safety Convention) sets forth safety regulations for international shipping containers. These regulations cover various aspects of container design, construction, inspection, and maintenance to ensure the safety of containers during transportation. Do not exceed the maximum payload weight of the container. The maximum payload weight is shown on the CSC safety plate attached to the outside of the doors; it is also shown as tare weight on the outside of the doors. Compliance with CSC safety regulations is essential for ensuring the safe and secure transportation of goods in international trade. By adhering to these standards, shipping companies, freight forwarders, and other stakeholders can help prevent accidents, protect cargo, and promote the efficient functioning of global This Photo by Unknown Author is licensed under CC BY
  • 59. CSC safety ▶ Key safety requirements outlined by the CSC include: 1. Structural Integrity: Containers must be structurally sound and capable of withstanding the stresses and forces encountered during handling, stacking, and transportation. 2. Material Standards: Containers must be constructed using approved materials and methods to ensure strength, durability, and resistance to corrosion and other environmental factors. 3. Inspection and Certification: Containers must undergo regular inspections and certification by authorized inspectors to verify compliance with CSC standards and ensure safe operation. 4. Marking and Placarding: Containers must be clearly marked with identifying information, such as the owner's name, container number, maximum gross weight, and other relevant details. Additionally, containers carrying hazardous materials must display appropriate placards and labels to indicate the nature of the cargo. 5. Maintenance and Repair: Containers must be properly maintained and repaired as needed to address any damage, wear, or deterioration that could compromise their safety or integrity. This Photo by Unknown Author is licensed under CC BY
  • 60. Insurance ▶ One common type of liability insurance is against errors and omissions in the execution of a forwarder’s engagement as agent of its customer. In these situations, a forwarder may be liable for breach of his duty to exercise reasonable care. Errors and omissions (E&O) insurance is a type of liability insurance that provides coverage for claims arising from mistakes, negligence, or omissions in the performance of professional services. In the context of freight forwarding, E&O insurance protects the forwarder against claims or lawsuits alleging errors or negligence in the execution of their duties as an agent of their customers. Freight forwarders act as intermediaries between shippers and carriers, coordinating the transportation of goods and handling various logistics tasks on behalf of their clients. While performing these duties, forwarders have a duty to exercise reasonable care and skill to ensure that the services they provide meet the expectations of their clients and are conducted in a professional and competent manner. This Photo by Unknown Author is licensed under CC BY
  • 61. Insurance ▶ However, errors or omissions can occur in the execution of a forwarder's engagement, leading to financial losses, delays, or other damages for their customers. Examples of situations where a forwarder may be liable for breach of duty include: 1. Failure to properly document or declare goods for transportation, leading to customs issues or delays. 2. Incorrectly arranging transportation services, resulting in missed deadlines or delivery errors. 3. Providing inaccurate or incomplete information to clients, leading to financial losses or other damages. E&O insurance helps protect forwarders from the financial consequences of such claims by covering legal expenses, settlements, or judgments arising from lawsuits alleging errors or negligence in the performance of their professional duties. It provides peace of mind for forwarders and their clients, ensuring that they are adequately protected against potential liabilities and risks associated This Photo by Unknown Author is licensed under CC BY
  • 62. CANUTEC ▶ Key functions of CANUTEC include: 1. Emergency Response Assistance: CANUTEC provides 24/7 emergency response assistance to first responders, emergency services, and industry stakeholders in the event of transportation incidents involving hazardous materials. Trained specialists offer expert advice and guidance on handling hazardous materials emergencies, including spill response, containment, and mitigation measures. 2. Hazardous Materials Information: CANUTEC maintains a comprehensive database of hazardous materials information, including safety data sheets (SDS), emergency response guides (ERG), and other relevant technical resources. This information helps emergency responders and industry professionals assess the risks This Photo by Unknown Author is licensed under CC BY
  • 63. CANUTEC ▶ Key functions of CANUTEC include: 3. Public Outreach and Training: CANUTEC conducts public outreach and awareness initiatives to educate stakeholders about the safe transportation and handling of hazardous materials. This includes providing training workshops, seminars, and educational materials to raise awareness of best practices and regulatory requirements. 4. Coordination and Collaboration: CANUTEC collaborates closely with other government agencies, industry associations, emergency response organizations, and international partners to enhance emergency preparedness and response capabilities for hazardous materials incidents. This includes participating in joint exercises, sharing best practices, and coordinating response efforts during emergencies. This Photo by Unknown Author is licensed under CC BY
  • 64. Dangerous Goods ▶ The Canadian government, through various regulatory agencies and departments, including Transport Canada NOT BSO, regulates the transportation of dangerous goods to, from, within, and transiting through Canada. One of the key regulations governing the transportation of dangerous goods in Canada is the Transportation of Dangerous Goods Act, 1992 (TDGA) and its associated regulations, the Transportation of Dangerous Goods Regulations (TDGR). The TDGA and TDGR establish comprehensive requirements for the safe handling, shipping, and transportation of dangerous goods by all modes of transport, including road, rail, air, and marine. These regulations cover various aspects of dangerous goods transportation, including classification, packaging, labeling, documentation, training, emergency response, and enforcement. Overall, the Canadian government, through its regulatory framework and enforcement mechanisms, plays a crucial role in ensuring the safe and secure transportation of dangerous goods to, from, within, and transiting through Canada, thereby protecting public safety, health, and the This Photo by Unknown Author is licensed under CC BY
  • 65. Dangerous Goods ▶ Key responsibilities of the government, particularly Transport Canada, in regulating the transportation of dangerous goods include: 1. Development and Enforcement of Regulations: Transport Canada develops and enforces regulations governing the transportation of dangerous goods to ensure compliance with safety standards and mitigate risks to public safety, health, and the environment. 2. Issuance of Permits and Approvals: Transport Canada issues permits and approvals for the transportation of certain types of dangerous goods, such as explosives, radioactive materials, and hazardous wastes, to ensure compliance with regulatory requirements and safeguard public safety. 3. Inspections and Audits: Transport Canada conducts inspections, audits, and compliance assessments to verify that shippers, carriers, and other stakeholders involved in the transportation of dangerous goods comply with regulatory This Photo by Unknown Author is licensed under CC BY
  • 66. Dangerous Goods ▶ Key responsibilities of the government, particularly Transport Canada, in regulating the transportation of dangerous goods include: 4. Training and Education: Transport Canada provides training, guidance, and educational resources to industry stakeholders, emergency responders, and the public to increase awareness of the risks associated with dangerous goods transportation and promote best practices for safe handling and transportation. 5. Emergency Response and Incident Management: Transport Canada coordinates emergency response efforts and collaborates with other government agencies, emergency responders, industry associations, and international partners to effectively manage hazardous materials incidents and mitigate their impacts on public safety and the environment. This Photo by Unknown Author is licensed under CC BY
  • 67. Settlement ▶ In an open account transaction, the exporter ships goods to the importer without requiring payment at the time of shipment. Instead, the exporter sends an invoice to the importer with payment terms specifying when payment is due, such as "net 30 days" or "net 60 days" from the date of invoice. The importer agrees to pay the invoice within the specified timeframe. It does not mean that the exporter has not trust in the importer and that his commercial invoice will not be paid on the agreed terms when chosen. While an open account payment method may imply a certain level of trust between the exporter and importer, it doesn't necessarily mean that the exporter has no trust in the importer or that the commercial This Photo by Unknown Author is licensed under CC BY
  • 68. Settlement ▶ In an open account transaction, the exporter ships goods to the importer without requiring payment at the time of shipment. Instead, the exporter sends an invoice to the importer with payment terms specifying when payment is due, such as "net 30 days" or "net 60 days" from the date of invoice. The importer agrees to pay the invoice within the specified timeframe. Open account terms are common in international trade and may be used for various reasons, including: 1. Established Relationship: If the exporter and importer have a longstanding and trustworthy business relationship, the exporter may be comfortable extending credit to the importer without requiring payment upfront. 2. Market Conditions: In competitive markets or industries where open account terms are common practice, exporters may offer this payment option to remain competitive and attract customers. 3. Convenience: Open account terms can simplify the payment process for both parties, as they eliminate the need for immediate payment or complicated payment arrangements, such as letters of credit or documentary collections. This Photo by Unknown Author is licensed under CC BY
  • 69. Settlement ▶ An open account situation is possible only when a foreign currency can be freely bought or traded in the importer’s country. While the ability to freely buy or trade foreign currency can facilitate open account transactions, it's not the sole determining factor. Open account transactions can occur in situations where foreign currency exchange is regulated or restricted, although such scenarios may pose additional challenges or risks. In an open account transaction, the exporter ships goods to the importer without requiring payment at the time of shipment. Instead, the exporter extends credit to the importer, who agrees to pay the invoice at a later date, typically within a specified timeframe. This payment arrangement relies on the importer's ability and willingness to make payment in the exporter's currency or in another agreed-upon currency. In countries where foreign currency exchange is freely available or where there are established mechanisms for converting and transferring funds internationally, open account transactions may be more common and straightforward. Importers can readily obtain the necessary foreign currency to This Photo by Unknown Author is licensed under CC BY
  • 70. Settlement ▶ However, in countries where foreign currency exchange is regulated or restricted, importers may face challenges in obtaining foreign currency to pay invoices, particularly if there are limitations on currency conversion, capital controls, or foreign exchange restrictions. In such cases, importers may need to obtain approval from regulatory authorities, use alternative payment methods, or work with financial institutions to facilitate currency conversion and fund transfers. Despite these challenges, open account transactions can still occur in countries with regulated foreign currency exchange, especially if the importer has established banking relationships, access to international banking services, or other means of obtaining foreign currency to fulfill payment obligations. Overall, while the availability of freely traded foreign currency may simplify open account transactions, it's not a strict requirement, and open account arrangements can be facilitated through alternative means even in countries with regulated or restricted foreign exchange This Photo by Unknown Author is licensed under CC BY
  • 71. Import Control List (ICL) ▶ Canada has a range of goods over which it imposes import controls. These goods are listed in the import control list (ICL). Canada imposes import controls on certain goods to regulate their entry into the country for various reasons, including protecting domestic industries, safeguarding public health and safety, and fulfilling international obligations. These goods are listed in the Import Control List (ICL), which is part of the Customs Tariff. These are just a few examples of the goods listed in the Import Control List (ICL). Importers are required to comply with the relevant import controls and regulations when importing goods into Canada, and failure to do so may result in penalties, fines, or seizure of the goods by Canadian customs This Photo by Unknown Author is licensed under CC BY
  • 72. Import Control List (ICL) ▶ The Import Control List (ICL) includes various categories of goods that are subject to import controls, such as: 1. Agricultural Products: Certain agricultural commodities, including dairy products, poultry, eggs, and grains, may be subject to import quotas, tariffs, or other restrictions to support domestic producers and maintain market stability. 2. Textiles and Clothing: Canada may impose import quotas, tariffs, or other restrictions on textiles and clothing to manage trade flows and protect domestic textile and apparel industries. 3. Steel and Aluminum: Certain steel and aluminum products may be subject to import quotas, tariffs, or other measures to address issues such as overcapacity, unfair trade This Photo by Unknown Author is licensed under CC BY
  • 73. The Carriage by Air Act ▶ In Canada, air freight is primarily governed by the Carriage by Air Act (referred to as the Carriage by Air Act, 1932), which implements the rules and regulations established by the Convention for the Unification of Certain Rules for International Carriage by Air, commonly known as the Warsaw Convention. The Carriage by Air Act sets forth the legal framework for international air transportation in Canada and incorporates the provisions of the Warsaw Convention, which establishes liability rules for air carriers in the event of accidents, delays, or other incidents during air This Photo by Unknown Author is licensed under CC BY
  • 74. The Carriage by Air Act ▶ However, it's important to note that domestic air transportation within Canada may be subject to additional regulations and laws beyond the Carriage by Air Act, including regulations issued by Transport Canada, the federal department responsible for transportation policies and regulations in Canada. These regulations may cover various aspects of air transportation, including safety, security, and operational requirements for air carriers operating within Canada's airspace. So, while the Carriage by Air Act is an important piece of legislation governing international air transportation in Canada, it does not exclusively govern air freight, and other regulations and laws may apply depending on the specific This Photo by Unknown Author is licensed under CC BY
  • 75. Warehousing ▶ Warehousing has two basic functions: storage and movement. Movement can be further divided into four handling activities: receiving, transfer, order selection, and shipping. By effectively managing both storage and movement functions, warehouses can optimize inventory levels, reduce handling costs, improve order accuracy, and enhance customer service levels. Implementing efficient handling activities, such as receiving, transfer, order selection, and shipping, is essential for maximizing warehouse productivity and throughput while minimizing errors and delays in the supply chain. This Photo by Unknown Author is licensed under CC BY
  • 76. Warehousing ▶ Storage: The storage function of warehousing involves the safe and secure storage of goods or inventory until they are needed for distribution or sale. This includes storing goods in appropriate storage locations within the warehouse, such as shelves, racks, bins, or pallets, based on factors like size, weight, fragility, and accessibility. This Photo by Unknown Author is licensed under CC BY
  • 77. Warehousing ▶ Movement: The movement function of warehousing encompasses various handling activities involved in moving goods within the warehouse or distribution center. These handling activities can be further divided into four main categories: A. Receiving: Receiving involves accepting incoming shipments of goods from suppliers or manufacturing facilities. This includes unloading trucks or containers, inspecting incoming goods for damage or discrepancies, and recording receipt of goods in inventory management systems. B. Transfer: Transfer activities involve moving goods between different storage locations within the warehouse to optimize space utilization or facilitate order fulfillment. This may include transferring goods from receiving areas to storage areas, from storage areas to picking areas, or between different storage zones based on inventory levels and demand patterns. C. Order Selection: Order selection, also known as picking or order picking, involves retrieving specific quantities of goods from storage locations to fulfill customer orders or replenish stock. This process may be performed manually by warehouse personnel or automated using picking technologies such as voice picking, barcode scanning, or automated guided vehicles (AGVs). D. Shipping: Shipping activities involve preparing goods for outbound shipment to customers or distribution centers. This includes assembling orders, packaging goods in shipping containers, labeling packages with This Photo by Unknown Author is licensed under CC BY
  • 78. Open Account ▶ An open account situation is possible only when a foreign currency can be freely bought or traded in the importer’s country. While open account transactions are more common in situations where foreign currency can be freely bought or traded in the importer's country, they can still occur even in countries with restrictions on currency exchange. In such cases, parties involved may agree upon terms and conditions that accommodate the limitations imposed by currency controls or other regulations. However, the absence of currency convertibility may affect the terms and risk management strategies adopted in the transaction. This Photo by Unknown Author is licensed under CC BY
  • 79. Cargo Transport ▶ Cargo transport units transported with a fumigation material not present in the container are regulated under the IATA Code. The International Air Transport Association (IATA) does not specifically regulate the presence of fumigation materials in cargo transport units. However, there are regulations and guidelines set forth by various international organizations and regulatory bodies, such as the International Maritime Organization (IMO) and the International Plant Protection Convention (IPPC), which govern the fumigation of cargo containers and transport units to prevent the spread of pests and diseases. This Photo by Unknown Author is licensed under CC BY
  • 80. Cargo Transport ▶ For air transport, the International Air Transport Association (IATA) primarily regulates the safe transportation of dangerous goods by air through the IATA Dangerous Goods Regulations (DGR). While the DGR includes provisions for the transportation of certain fumigants and pesticides as dangerous goods, it does not specifically address the presence of fumigation materials in cargo transport units. Instead, regulations regarding the fumigation of cargo transport units are typically established by national authorities or agencies responsible for agriculture, plant protection, and public health. These regulations may require proper documentation, certification, and handling procedures for fumigated cargo transport units to ensure compliance with international standards and prevent risks to human health, the environment, and the This Photo by Unknown Author is licensed under CC BY
  • 81. Express warranties ▶ Express warranties are considered “extra coverage” or “extra conditions” that must be adhered to in the case of a claim. They are specific guarantees or promises made by a seller to a buyer regarding the quality, performance, or characteristics of a product or service. These warranties can be made verbally or in writing, and they form part of the sales contract between the buyer and the seller. Overall, express warranties play an important role in consumer protection by providing buyers with assurance regarding the quality and performance of the This Photo by Unknown Author is licensed under CC BY
  • 82. Express warranties ▶ Key characteristics of express warranties include: 1. Explicit Representation: Express warranties involve explicit statements or representations made by the seller about the product or service being sold. These statements can include descriptions of the product's features, capabilities, or quality. 2. Basis of the Bargain: Express warranties are considered fundamental to the transaction and are understood to be a key factor influencing the buyer's decision to purchase the product or service. 3. Enforceability: Express warranties are legally binding and enforceable under consumer protection laws. If the product or service fails to meet the specifications outlined in the express warranty, the buyer may be entitled to remedies such as repairs, This Photo by Unknown Author is licensed under CC BY
  • 83. Express warranties ▶ Key characteristics of express warranties include: 4. Duration and Scope: The duration and scope of an express warranty can vary depending on the terms specified by the seller. Some warranties may cover the product or service for a limited period of time, while others may provide coverage for specific components or aspects of the product. 5. Disclosure Requirements: Sellers are typically required to clearly disclose any express warranties associated with the sale of a product or service. This helps ensure transparency and This Photo by Unknown Author is licensed under CC BY
  • 84. Dangerous Goods ▶ The permit for the forbidden items require to indicate the product, quantity, packaging, labelling, etc... details. Only permit must accompany the dangerous goods transport document. Indeed, when transporting forbidden or restricted items that require a permit, it's crucial to ensure that the permit accompanies the dangerous goods transport document. By ensuring that the permit accompanies the dangerous goods transport document, transporters can provide regulatory authorities with all necessary information to verify compliance with regulations and ensure the safe transportation of forbidden or restricted items. This helps prevent incidents, protect public safety, and maintain regulatory compliance throughout the transportation process. This Photo by Unknown Author is licensed under CC BY
  • 85. Dangerous Goods ▶ This permit typically contains detailed information about the forbidden or restricted items being transported, including: 1. Product Description: A clear description of the forbidden or restricted item being transported. This may include its chemical composition, physical characteristics, or other relevant details. 2. Quantity: The quantity or volume of the forbidden or restricted item being transported. This helps ensure that the transporter, as well as regulatory authorities, are aware of the amount being moved. 3. Packaging: Details about the packaging used to contain the forbidden or restricted item during transportation. This may include information about the type of packaging, such as drums, cylinders, or bulk containers, as well as any This Photo by Unknown Author is licensed under CC BY
  • 86. Dangerous Goods ▶ This permit typically contains detailed information about the forbidden or restricted items being transported, including: 4. Labeling: Requirements for labeling the packaging containing the forbidden or restricted item. This may include specific hazard labels or markings mandated by regulations to ensure proper handling and identification. 5. Other Requirements: Any additional details or requirements specified by regulatory authorities for the transport of forbidden or restricted items. This could include information about handling procedures, emergency response protocols, or documentation requirements. This Photo by Unknown Author is licensed under CC BY
  • 87. Freight Forwarders ▶ The majority of forwarders establish their own carrier code with Canada Customs. Establishing their own carrier code with Canada Customs is a common practice among freight forwarders. This unique carrier code allows forwarders to streamline customs clearance processes for the goods they are transporting into or out of Canada. Overall, establishing their own carrier code with Canada Customs empowers forwarders to efficiently manage customs clearance processes, enhance client service offerings, and ensure compliance with regulatory requirements, ultimately contributing to This Photo by Unknown Author is licensed under CC BY
  • 88. Freight Forwarders ▶ Here's why forwarders typically establish their own carrier code: 1. Customs Clearance: Having their own carrier code enables forwarders to act as the carrier of goods in the customs documentation. This allows them to manage the customs clearance process on behalf of their clients, facilitating the smooth movement of goods across borders. 2. Control and Efficiency: By having their own carrier code, forwarders have greater control over the customs clearance process. They can manage documentation, declarations, and compliance requirements more efficiently, reducing delays and ensuring timely delivery of goods. 3. Client Service: Establishing a carrier code allows forwarders to offer comprehensive services to their clients, including end-to-end logistics solutions that encompass customs clearance. This enhances the overall service This Photo by Unknown Author is licensed under CC BY
  • 89. Freight Forwarders ▶ Here's why forwarders typically establish their own carrier code: 4. Regulatory Compliance: Operating under their own carrier code ensures that forwarders comply with customs regulations and requirements set forth by Canada Customs. This helps avoid potential issues or penalties related to incorrect or incomplete documentation. 5. Brand Identity: Having their own carrier code also reinforces the brand identity of forwarders in the industry. It signifies professionalism, reliability, and expertise in managing international freight shipments, which can be appealing to clients seeking trusted logistics partners. This Photo by Unknown Author is licensed under CC BY
  • 90. Freight Forwarders ▶ Logs, lumber, wood with bark attached, wood chips, bark chips, bamboo products, decorative wood items and dry cones are required to be treated. This treatment is typically aimed at mitigating the risk of spreading pests, diseases, and invasive species that may be present in the wood. These treatments are typically mandated by international phytosanitary regulations, such as the International Plant Protection Convention (IPPC) and regulations set forth by individual countries' plant health authorities. Compliance with these regulations helps prevent the spread of harmful pests and diseases, safeguarding both natural ecosystems and agricultural This Photo by Unknown Author is licensed under CC BY
  • 91. Freight Forwarders ▶ Common treatments for wood products include: 1. Heat Treatment: Heating the wood to a specific temperature for a set duration to kill pests and pathogens. This process, known as heat treatment or kiln drying, is often used for lumber, logs, and wooden packaging materials. 2. Fumigation: Exposing the wood to fumigants, such as methyl bromide, to eradicate pests and their eggs or larvae. Fumigation is commonly used for wood This Photo by Unknown Author is licensed under CC BY
  • 92. Freight Forwarders ▶ Common treatments for wood products include: 3. Chemical Treatment: Treating the wood with chemical preservatives to protect it against decay, insects, and fungi. Chemical treatments are often applied to lumber, utility poles, and outdoor wooden structures. 4. Bark Removal: Removing the bark from wood products to eliminate potential hiding places for pests and pathogens. Bark removal may be required for logs, lumber, and wooden This Photo by Unknown Author is licensed under CC BY
  • 93. Freight Forwarders ▶ Failure to comply with phytosanitary regulations can result in the rejection of shipments at the border, costly delays, or even fines and penalties. Therefore, it's essential for exporters and importers of wood products to ensure that their shipments are properly treated and accompanied by the necessary phytosanitary certificates and documentation. This Photo by Unknown Author is licensed under CC BY
  • 94. CANUTEC ▶ CANUTEC (Canadian Transport Emergency Centre) is part of Transport Canada. CANUTEC’s responsibilities are to assist emergency response personnel in dealing with dangerous goods emergencies by any mode of transport. CANUTEC serves as Canada's national emergency response center for transportation incidents involving dangerous goods, regardless of the mode of transport (road, rail, air, or water). CANUTEC plays a critical role in enhancing the safety and effectiveness of emergency response efforts across Canada by providing timely and accurate assistance to those dealing with incidents involving dangerous goods. Its expertise and resources help mitigate risks, minimize environmental impact, and protect This Photo by Unknown Author is licensed under CC BY
  • 95. CANUTEC ▶ CANUTEC's primary responsibilities include: 1. Emergency Response Assistance: Providing immediate technical advice and guidance to emergency responders dealing with incidents involving dangerous goods, including chemical spills, leaks, fires, or accidents. 2. Hazardous Materials Information: Offering access to a comprehensive database of hazardous materials information, including safety data sheets (SDS), chemical properties, handling procedures, and emergency response protocols. 3. 24/7 Emergency Hotline: Operating a dedicated 24-hour hotline that emergency responders can contact for assistance and guidance during transportation emergencies This Photo by Unknown Author is licensed under CC BY
  • 96. Cargo Control Number ▶ Cargo control numbers can not be duplicated if required. Cargo control numbers (CCNs) are unique identifiers assigned to shipments for tracking and documentation purposes. They are used primarily in the transportation and logistics industry to track the movement of cargo from its point of origin to its destination. It's essential that cargo control numbers are not duplicated, especially when required for regulatory or operational reasons. Duplicating CCNs could lead to confusion, errors in tracking, and logistical problems such as misrouting or misidentification of shipments. This Photo by Unknown Author is licensed under CC BY
  • 97. Cargo Control Number ▶ To prevent duplication of cargo control numbers, logistics providers typically implement systems and procedures to ensure that each CCN is assigned only once to a specific shipment. This may involve using unique alphanumeric combinations, employing centralized databases or tracking systems, and implementing strict protocols for generating and assigning CCNs. By maintaining unique and non- duplicated cargo control numbers, logistics providers can effectively track and manage shipments, ensure accurate documentation, and facilitate smooth transportation and delivery processes. This Photo by Unknown Author is licensed under CC BY
  • 98. Gross Negligence ▶ Gross negligence is defined as an act that indicates recklessness or a total disregard for the interests of others. It is a legal concept that refers to a severe form of negligence characterized by a reckless or willful disregard for the safety or well-being of others. It involves behavior that goes beyond mere carelessness or ordinary negligence and demonstrates a conscious indifference or reckless disregard for the consequences of one's actions. Acts of gross negligence often involve extreme or egregious conduct that creates a high risk of harm to others. This could include actions such as knowingly ignoring safety protocols, failing to take reasonable precautions to This Photo by Unknown Author is licensed under CC BY
  • 99. Gross Negligence ▶ In legal proceedings, gross negligence is typically viewed as more serious than ordinary negligence and may result in more severe consequences, including punitive damages or criminal liability, depending on the jurisdiction and the specific circumstances of the case. Overall, gross negligence is a legal standard used to hold individuals or entities accountable for particularly reckless or egregious behavior that causes harm or injury to others. This Photo by Unknown Author is licensed under CC BY
  • 100. Dangerous Goods ▶ Lithium-ion (rechargeable) and lithium metal (non-rechargeable) batteries are considered dangerous goods for multimodal transport, as their failure can lead to fire and serious safety incidents. These batteries are widely used in various electronic devices, including smartphones, laptops, cameras, and medical equipment, making them common items in international trade. Given the potential safety hazards posed by lithium batteries, it's crucial for shippers, carriers, and handlers to adhere to the applicable regulations and guidelines to ensure the safe transportation of these goods. This includes proper packaging, labeling, documentation, and compliance with safety protocols to prevent accidents, fires, or other incidents during transport. This Photo by Unknown Author is licensed under CC BY
  • 101. Dangerous Goods ▶ Key reasons why lithium batteries are classified as dangerous goods include: 1. Fire Hazard: Lithium batteries contain highly reactive materials that can ignite if damaged, short-circuited, or exposed to excessive heat. Once ignited, lithium batteries can release intense heat and flames, posing a significant fire hazard. 2. Thermal Runaway: Lithium batteries are susceptible to a phenomenon known as thermal runaway, where an increase in temperature triggers a self- reinforcing reaction that leads to rapid overheating and potentially explosive failure. This Photo by Unknown Author is licensed under CC BY
  • 102. Damage/Loss ▶ Shipping exposes goods to risks of damage/losses that may bring financial cost to parties who have a financial interest in the goods. These risks can arise at different stages of the shipping process, including: 1. Transportation Risks: Goods can be damaged or lost during transit due to accidents, rough handling, improper stowage, adverse weather conditions, or other unforeseen events. For example, cargo may suffer damage from moisture, theft, or breakage during shipment. 2. Customs and Regulatory Risks: Delays or complications in customs clearance, import/export restrictions, or non-compliance with regulatory requirements can result This Photo by Unknown Author is licensed under CC BY
  • 103. Damage/Loss ▶ Shipping exposes goods to risks of damage/losses that may bring financial cost to parties who have a financial interest in the goods. These risks can arise at different stages of the shipping process, including: 3. Market Risks: Fluctuations in market conditions, currency exchange rates, tariffs, or trade policies can impact the value or demand for goods, potentially leading to financial losses for parties involved in international trade. 4. Supply Chain Risks: Disruptions in the supply chain, such as delays in production, transportation bottlenecks, labor strikes, or disruptions to key suppliers, can affect the timely delivery of goods and increase costs for stakeholders. 5. Insurance Risks: Inadequate or insufficient insurance coverage for goods in transit can leave parties vulnerable to financial losses in the event of damage, loss, or theft during This Photo by Unknown Author is licensed under CC BY
  • 104. ADGR ▶ The ADRG, or the Accord européen relatif au transport international des marchandises Dangereuses par Route (European Agreement concerning the International Carriage of Dangerous Goods by Road), indeed requires that accidental releases of dangerous goods from a means of containment must be immediately reported. However, the requirement to report immediately applies to all accidental releases of dangerous goods, regardless of the quantity or class. Immediate reporting is essential to ensure timely response and mitigation of potential hazards to public safety, the environment, and property. By reporting accidents promptly, authorities can take appropriate measures to contain the situation, minimize risks, and prevent further harm. This Photo by Unknown Author is licensed under CC BY
  • 105. ADGR ▶ While there are specific reporting thresholds for certain types of dangerous goods releases, the obligation to report immediately applies universally to all accidental releases covered by the ADRG. These reporting thresholds may vary depending on factors such as the type of substance, its quantity, and the level of risk it poses. Overall, immediate reporting of accidental releases of dangerous goods is a critical requirement under the ADRG to facilitate effective emergency response and This Photo by Unknown Author is licensed under CC BY
  • 106. Transport Canada ▶ Transport Canada issue a permit to shippers that allows them to ship items that are normally forbidden. These permits are typically granted under specific circumstances and are subject to certain conditions and requirements to ensure the safe transportation of the prohibited items. Overall, permits issued by Transport Canada for the transportation of normally forbidden items serve to balance the need for regulatory control and public safety with the recognition of legitimate exceptions or special circumstances where the transportation of such items may be warranted under controlled This Photo by Unknown Author is licensed under CC BY
  • 107. Transport Canada ▶ Here are some key points about permits issued by Transport Canada for the transportation of normally forbidden items: 1. Special Circumstances: Permits may be issued by Transport Canada in cases where there are special circumstances or legitimate reasons for transporting items that are otherwise prohibited or restricted. These circumstances may include situations such as scientific research, testing, exhibitions, or emergency response activities. 2. Application Process: Shippers seeking permits for transporting forbidden items typically need to submit an application to Transport Canada providing detailed information about the nature of the goods, the intended transportation route, the purpose of the shipment, and the measures in place to ensure This Photo by Unknown Author is licensed under CC BY
  • 108. Transport Canada ▶ Here are some key points about permits issued by Transport Canada for the transportation of normally forbidden items: 3. Approval Process: Transport Canada evaluates permit applications on a case-by- case basis to determine whether the proposed transportation of forbidden items can be conducted safely and in accordance with regulatory requirements. Approval of permits may be contingent upon meeting specific conditions, such as packaging, labeling, handling procedures, and safety precautions. 4. Regulatory Compliance: Even with a permit, shippers are still required to comply with relevant regulations governing the transportation of dangerous goods, hazardous materials, or other forbidden items. This includes adherence to packaging standards, labeling requirements, documentation procedures, and safety protocols to minimize risks and ensure regulatory compliance. 5. Oversight and Monitoring: Transport Canada may exercise oversight and monitoring of permit holders to verify compliance with permit conditions and regulatory requirements. Non- compliance with permit conditions or misuse of permits can result in penalties, revocation of permits, or other enforcement actions. This Photo by Unknown Author is licensed under CC BY
  • 109. Shortages/Damages ▶ As soon as any shortages or damages are noticed, they should be immediately reported to the carrier and the insurance company or its nearest claims- settling agent. Promptly reporting any shortages, damages, or discrepancies in shipments to both the carrier and the insurance company (or its nearest claims-settling agent) is crucial for initiating the claims process and seeking compensation for the losses incurred. Immediate reporting of shortages, damages, or discrepancies in shipments to both the carrier and the insurance company is essential for protecting the interests of the This Photo by Unknown Author is licensed under CC BY
  • 110. Shortages/Damages ▶ Here's why immediate reporting is essential: 1. Preservation of Evidence: Reporting shortages or damages promptly helps preserve evidence of the condition of the goods at the time of delivery. This evidence may include photographs, inspection reports, and documentation, which can be crucial for assessing liability and supporting the insurance claim. 2. Timely Investigation: Prompt reporting allows the carrier and the insurance company to conduct timely investigations into the circumstances surrounding the shortages or damages. This includes determining the cause of the loss, assessing the extent of the damage, and identifying any This Photo by Unknown Author is licensed under CC BY
  • 111. Shortages/Damages ▶ Here's why immediate reporting is essential: 3. Compliance with Terms and Conditions: Many insurance policies and carrier contracts specify time limits for reporting losses or damages. Failing to report promptly may result in the denial of a claim or the forfeiture of coverage under the insurance policy or carrier contract. 4. Mitigation of Losses: Prompt reporting enables the carrier and the insurance company to take immediate action to mitigate further losses or damages. This may include arranging for repairs, replacements, or salvage operations to minimize the financial impact on the insured party. 5. Facilitation of Claims Settlement: Early notification of losses or damages expedites the claims settlement process by providing the carrier and the insurance company with the information they need to assess the claim, negotiate settlements, and issue compensation in This Photo by Unknown Author is licensed under CC BY
  • 112. Freight Forwarders ▶ Freight forwarders acting on behalf of shippers, exporters, and importers must verify that the shipper, exporter, or importer has followed all of the correct and applicable regulations, rules, and procedures. By verifying compliance with regulations, rules, and procedures, freight forwarders help ensure the smooth and efficient transportation of goods while minimizing the risk of delays, fines, penalties, or other compliance-related issues. Their expertise and attention to detail are essential for navigating the complex regulatory landscape of This Photo by Unknown Author is licensed under CC BY
  • 113. Freight Forwarders ▶ Here's how they typically verify compliance: 1. Documentation Review: Freight forwarders carefully review all documentation provided by the shipper, exporter, or importer to ensure that it complies with applicable regulations. This may include bills of lading, commercial invoices, packing lists, export/import permits, certificates of origin, and any other relevant documentation. 2. Regulatory Compliance Checks: Freight forwarders verify that the goods being transported comply with all relevant regulations and requirements, including those related to customs clearance, export controls, dangerous goods transportation, sanitary and phytosanitary measures, and any This Photo by Unknown Author is licensed under CC BY
  • 114. Freight Forwarders ▶ Here's how they typically verify compliance: 3. Packaging and Labeling Compliance: Freight forwarders ensure that the packaging and labeling of the goods meet the requirements of the destination country or countries, as well as any applicable international standards. This includes verifying that hazardous materials are properly packaged, labeled, and documented in accordance with regulations such as the IMDG Code or IATA Dangerous Goods Regulations. 4. Transportation Mode Compliance: Depending on the mode of transportation (e.g., air, sea, road, rail), freight forwarders verify that the goods are being transported in compliance with the specific regulations and requirements governing that mode of transport. For example, they may ensure that cargo is properly secured and stowed, temperature- controlled if necessary, and accompanied by the appropriate documentation. 5. Customs Compliance: Freight forwarders assist shippers, exporters, and importers in preparing customs documentation and ensuring compliance with customs regulations and procedures. This includes providing guidance on tariff classification, This Photo by Unknown Author is licensed under CC BY
  • 115. Freight Forwarders ▶ The best way to get the policy that is most suited to a particular company’s needs is to fill out the insurer’s application as completely as possible, including such information as the type of goods involved, where shipments are going to or originating from, the limit required for each shipment, and any previous losses. Providing comprehensive information allows the insurer to assess the level of risk associated with insuring the company's shipments and tailor the policy accordingly. By providing detailed information on the insurer's application form, companies can facilitate a thorough risk assessment process, enabling insurers to offer policies that address their specific needs and exposures. Additionally, accurately disclosing information helps prevent disputes or coverage issues in the event of a claim, as insurers base their coverage decisions on the information provided This Photo by Unknown Author is licensed under CC BY
  • 116. Freight Forwarders ▶ Here's why each piece of information is important: 1. Type of Goods Involved: The nature of the goods being shipped can significantly impact the level of risk and the type of coverage required. Hazardous materials, perishable goods, high-value items, or specialized equipment may have different insurance requirements and considerations. 2. Origination and Destination: Knowing where shipments are going to and originating from helps insurers assess factors such as transportation routes, geopolitical risks, local regulations, and exposure to This Photo by Unknown Author is licensed under CC BY
  • 117. Freight Forwarders ▶ Here's why each piece of information is important: 3. Limit Required for Each Shipment: Determining the appropriate coverage limit for each shipment is essential for ensuring adequate protection against potential losses. This limit should reflect the value of the goods being transported and any financial liabilities associated with the shipment. 4. Previous Losses: Providing information about any previous losses or claims helps insurers assess the company's claims history and risk profile. This information allows insurers to better understand the company's risk management practices and may influence premium rates or This Photo by Unknown Author is licensed under CC BY
  • 118. Freight Forwarders ▶ In March 2012, the International Plant Protection Convention (IPPC) adopted a wood packaging standard that recognizes the risks associated with the use of wood packaging. ISPM 15 aims to prevent the spread of pests and diseases that can be transported through untreated wood packaging materials such as pallets, crates, and dunnage. These pests and diseases can pose serious threats to agriculture, forestry, and ecosystems in importing countries. By adopting ISPM 15, countries aim to harmonize phytosanitary measures related to wood packaging materials and facilitate international trade while minimizing the risk of introducing invasive pests and diseases. Compliance with ISPM 15 standards is typically required for the import and export of wood packaging materials in many This Photo by Unknown Author is licensed under CC BY
  • 119. Freight Forwarders ▶ Key provisions of ISPM 15 include: 1. Heat Treatment or Fumigation: Wood packaging materials covered by ISPM 15 must undergo either heat treatment or fumigation with methyl bromide to kill any pests or larvae present in the wood. The treatment must meet specified temperature or concentration levels to be considered effective. 2. Marking Requirements: Treated wood packaging materials must be marked with an approved stamp or mark that indicates compliance with ISPM 15 standards. This mark typically This Photo by Unknown Author is licensed under CC BY
  • 120. Freight Forwarders ▶ Key provisions of ISPM 15 include: 3. Phytosanitary Certificate: Treated wood packaging materials may require a phytosanitary certificate issued by the national plant protection organization of the exporting country. This certificate verifies that the wood packaging materials have been treated in accordance with ISPM 15 requirements. 4. Exemptions and Alternative Measures: ISPM 15 provides exemptions for certain types of wood packaging materials, as well as alternative measures for treatment or certification in specific circumstances. These exemptions and alternative measures are subject to approval This Photo by Unknown Author is licensed under CC BY
  • 122. Insurance ▶ The insurer is liable for any loss attributable to the willful misconduct of the insured, or for any loss proximately caused by delay, or for any inevitable loss or damage such as wear and tear, inherent vice, or the nature of the subject matter. This is a standard provision commonly found in insurance policies, often referred to as exclusions. This Photo by Unknown Author is licensed under CC BY
  • 123. Insurance ▶ Let me break it down: • Willful Misconduct of the Insured: If the insured intentionally causes a loss or damage, the insurer is not obligated to cover it. This prevents individuals from purposefully damaging property or engaging in fraudulent activities expecting insurance to cover the costs. • Loss Proximately Caused by Delay: If a loss occurs due to a delay, and that delay can be directly linked to the cause of the loss, the insurer may not be liable. For instance, if a delay in reporting a claim leads to increased damage, the insurer might refuse coverage for the additional loss caused by the delay. • Inevitable Loss or Damage: This refers to losses or damages that are bound to happen due to factors beyond anyone's control, such as wear and tear, inherent vice (inherent defects or weaknesses in the property), or the nature of the subject matter. Insurers typically don't cover such losses because they are considered foreseeable and not unexpected. These exclusions help define the boundaries of coverage and protect the insurer from This Photo by Unknown Author is licensed under CC BY
  • 124. Air Cargo Security (ACS) ▶ Transport Canada has launched an Air Cargo Security (ACS) Program for the freight forwarding, transportation, logistics, and supply chain industries. Air Cargo Security (ACS) refers to the measures and protocols put in place to ensure the safety and security of air cargo shipments. With the significant volume of goods transported by air freight worldwide, maintaining the security of these shipments is crucial to prevent unauthorized access, theft, tampering, or potential threats to aviation security. ACS encompasses various security procedures and regulations imposed by government agencies, This Photo by Unknown Author is licensed under CC BY
  • 125. Air Cargo Security (ACS) ▶ These measures aim to: 1. Prevent Unauthorized Access: Access to cargo areas and facilities where shipments are stored or processed is restricted to authorized personnel only. Access control systems, such as identification checks and secure entry points, help prevent unauthorized individuals from entering restricted areas. 2. Screening and Inspection: Cargo shipments undergo thorough screening and inspection procedures to detect and identify any prohibited items, hazardous materials, or security threats. This may include X-ray scanning, explosive detection, physical inspection, and the use of security technology to ensure the integrity of cargo contents. 3. Security Documentation and Verification: Proper documentation and verification processes are essential to ensure the legitimacy and authenticity of cargo shipments. This includes verifying the identity of senders and recipients, This Photo by Unknown Author is licensed under CC BY
  • 126. Air Cargo Security (ACS) ▶ These measures aim to: 4. Chain of Custody: Maintaining a secure chain of custody throughout the transportation process is crucial for tracking and monitoring the movement of cargo from origin to destination. This involves implementing procedures to prevent tampering, theft, or unauthorized access during transit. 5. Security Training and Awareness: Training programs and awareness initiatives are essential to educate personnel involved in air cargo operations about security protocols, procedures, and best practices. This helps ensure that all stakeholders are aware of their roles and responsibilities in maintaining cargo security. 6. Regulatory Compliance: Compliance with national and international regulations governing air cargo security is mandatory for airlines, freight forwarders, shippers, and other entities involved in the transportation of air cargo. These regulations establish minimum security standards and requirements that must be followed to mitigate security risks effectively. Overall, effective air cargo security measures are essential for safeguarding the integrity of air cargo shipments, protecting against security threats, and maintaining the safety and reliability of the global air transportation network. This Photo by Unknown Author is licensed under CC BY
  • 127. Truck Shipment ▶ Truck shipments entering Canada are not required to be documented in advance on an approved cargo control document. When truck shipments enter Canada, they are required to be documented in advance on an approved cargo control document. This document serves as a declaration of the goods being transported and provides essential information for customs clearance and security purposes. The approved cargo control document typically includes details such as: 1. Description of Goods: A description of the goods being transported, including their quantity, value, and any relevant specifications. 2. Sender and Receiver Information: Information about the sender (exporter) and the receiver (importer), including their names, addresses, and contact details. 3. Transportation Details: Details about the mode of transportation (in this case, truck), including the vehicle's registration number, driver's information, and the route being taken. 4. Customs Information: Any customs-related information, such as tariff classification codes, duty rates, and any applicable permits or licenses. 5. Security Information: Security-related details, such as seals applied to the cargo, security screening results, and any other security measures implemented during transportation. This Photo by Unknown Author is licensed under CC BY
  • 128. FPA ▶ An FPA policy covers goods against total loss by marine perils. Partial losses other than general average losses are recoverable only in certain cases. In the context of an FPA policy: 1. Total Loss Coverage: The policy typically covers the insured goods for total loss resulting from marine perils. If the goods are completely destroyed or irretrievably lost due to a covered event, the policyholder is entitled to compensation for the full value of the goods insured. 2. Partial Loss Coverage: Unlike total losses, partial losses (where only a portion of the goods is damaged or lost) are only recoverable under specific circumstances in an FPA policy. Typically, partial losses other than general average losses may be covered only if they meet certain criteria outlined in the policy. 3. General Average Losses: General average losses occur when sacrifices or expenses are intentionally incurred for the common safety of the ship and cargo during a voyage. These expenses are shared proportionally among all parties with a financial interest in the voyage, including the cargo owners. FPA policies often exclude coverage for general average losses because they are considered to be shared This Photo by Unknown Author is licensed under CC BY
  • 129. FPA ▶ In summary, while an FPA policy provides coverage for total loss by marine perils, coverage for partial losses is limited and may only be recoverable in specific cases outlined in the policy. General average losses are typically excluded from coverage under FPA policies. It's essential for policyholders to review their insurance contracts carefully to understand the scope of coverage and any exclusions or limitations that may apply. This Photo by Unknown Author is licensed under CC BY
  • 130. The IATA Carnet ▶ The IATA Carnet is not a Customs document that acts like an international passport for goods. It simplifies customs procedures for goods intended for temporary use, such as trade shows, exhibitions, and professional equipment. Here's how it works: 1. Temporary Importation: The Carnet allows goods to be temporarily imported into participating countries for a limited period, typically up to one year. This temporary importation is permitted for specific purposes, such as trade fairs, exhibitions, or professional activities. 2. Duty and Tax Exemption: By presenting a Carnet at customs, the holder can temporarily import goods without paying duties or taxes. This exemption applies to both import duties and value-added taxes (VAT) that would typically be levied on imported goods. 3. Simplified Customs Procedures: The Carnet simplifies customs procedures by providing a unified document that serves as both a customs declaration and a guarantee for the temporary importation of goods. Instead of dealing with separate customs declarations and deposits for each country, the holder presents the Carnet at customs checkpoints for validation and clearance. This Photo by Unknown Author is licensed under CC BY
  • 131. The IATA Carnet ▶ The IATA Carnet is not a Customs document that acts like an international passport for goods. It simplifies customs procedures for goods intended for temporary use, such as trade shows, exhibitions, and professional equipment. Here's how it works: 4. Multiple Countries: The Carnet is accepted in over 80 countries and territories that are members of the ATA Carnet system. This includes many major trading nations around the world, making it a valuable tool for businesses engaged in international trade and temporary exports. 5. Security Deposit: While the Carnet exempts the holder from paying duties and taxes upfront, it does require the holder to provide a security deposit or guarantee to cover potential liabilities in case the goods are not re-exported within the specified timeframe or are misused. Overall, the IATA Carnet streamlines the process of temporarily importing goods into foreign countries for specific purposes, providing cost savings and administrative efficiency for This Photo by Unknown Author is licensed under CC BY
  • 132. Open Policies ▶ Open policies are not suitable for most merchants sending or receiving goods, and their chief disadvantage is that coverage is not automatic. Indeed, open policies can be a convenient choice for many merchants involved in sending or receiving goods internationally. These policies provide continuous coverage for multiple shipments over a specified period, typically a year, without the need to obtain separate insurance for each individual shipment. This can streamline the insurance This Photo by Unknown Author is licensed under CC BY
  • 133. Open Policies ▶ However, as we mentioned, the chief disadvantage of open policies is that coverage is not automatic. Unlike specific voyage or single shipment policies, where coverage is triggered automatically for each shipment, open policies require the insured party to declare each shipment separately to ensure coverage. Failure to declare shipments correctly or in a timely manner can result in the shipment not being covered under the policy. Additionally, open policies may require more administrative effort to manage, as the insured party is responsible for accurately recording and reporting each shipment to the insurer. This can be challenging for businesses with high shipment volumes or complex logistics arrangements. This Photo by Unknown Author is licensed under CC BY
  • 134. Open Policies ▶ Despite these drawbacks, open policies remain a popular choice for many merchants due to their flexibility and potential cost savings over time, especially for businesses with regular and predictable shipping patterns. However, it's essential for businesses to understand the requirements and limitations of open policies and to ensure proper compliance with reporting procedures to maintain coverage for their shipments. This Photo by Unknown Author is licensed under CC BY
  • 135. Open Policies ▶ Under an open policy, if documentation is required for a particular shipment, a certificate of insurance is prepared. This certificate serves as proof of coverage for that specific shipment under the terms of the open policy. It outlines key details of the insurance coverage, such as the insured party, the type of goods being shipped, the insured value, and any applicable terms and conditions. This Photo by Unknown Author is licensed under CC BY
  • 136. Open Policies ▶ The certificate of insurance is provided to the party requesting documentation for the shipment, such as a shipping agent, freight forwarder, or customs authority. It demonstrates that the shipment is adequately insured under the open policy and provides assurance that the insurer will indemnify the insured party for any covered losses or damages that may occur during transit. Preparing a certificate of insurance for each shipment allows the insured party to comply with documentation requirements while maintaining the benefits of the open policy, such as continuous coverage for multiple shipments over a specified period. It also facilitates the efficient processing of shipments through customs and other regulatory checkpoints by providing proof of This Photo by Unknown Author is licensed under CC BY
  • 137. The Canadian Import Control List (CIFL) ▶ Certain dairy and agricultural products, textile products, carbon steel and specialty steels, endangered species of wild flora and fauna, and weapons and ammunition are in the Canada CIFL is an inaccurate statement. Due to these being just a few examples, and the CIFL covers a wide range of products and commodities. Importers should consult the Canadian Import Control List and other relevant regulations to determine whether their products are subject to import controls and to ensure compliance with Canadian import laws and regulations. This Photo by Unknown Author is licensed under CC BY
  • 138. The Canadian Import Control List (CIFL) ▶ The Canadian Import Control List (CIFL) is an extensive document that outlines various products subject to import controls and regulations in Canada. While I can't provide an exhaustive list of all the products included in the CIFL, I can highlight some of the key categories commonly subject to import controls: 1. Agricultural Products: This category includes items such as dairy products, poultry, eggs, and certain grains. Import controls are often in place to manage quotas, tariffs, and other measures to support domestic agricultural producers and ensure food safety standards. 2. Textiles and Apparel: Textile and apparel products are frequently subject to import quotas, tariffs, and other restrictions to protect domestic textile industries and maintain fair competition in the market. 3. Steel and Specialty Metals: Certain types of steel and specialty metals may be subject to import controls to protect domestic steel producers or address This Photo by Unknown Author is licensed under CC BY
  • 139. The Canadian Import Control List (CIFL) ▶ The Canadian Import Control List (CIFL) is an extensive document that outlines various products subject to import controls and regulations in Canada. While I can't provide an exhaustive list of all the products included in the CIFL, I can highlight some of the key categories commonly subject to import controls: 4. Automobiles and Automotive Parts: Import restrictions may apply to automobiles and automotive parts to manage trade flows and support the domestic automotive industry. 5. Endangered Species and Wildlife Products: Import controls are in place to regulate the trade of endangered species and their products, including wildlife specimens, parts, and derivatives, to ensure compliance with international conservation agreements. 6. Firearms and Ammunition: Importation of firearms, ammunition, and certain types of weapons is strictly regulated in Canada This Photo by Unknown Author is licensed under CC BY
  • 140. Transportation of Dangerous Goods Regulations (TDGR) ▶ In Canada, the transportation of dangerous goods by ground, whether for domestic or transborder purposes, is regulated by the Transportation of Dangerous Goods Regulations (TDGR). These regulations establish the requirements and standards for the safe handling, shipping, and transportation of hazardous materials by road, rail, and other modes of ground transport. The TDGR covers a wide range of hazardous materials, including but not limited to: 1. Explosives 2. Gases 3. Flammable liquids 4. Flammable solids 5. Oxidizing substances 6. Toxic and infectious substances 7. Radioactive materials 8. Corrosive substances This Photo by Unknown Author is licensed under CC BY
  • 141. Transportation of Dangerous Goods Regulations (TDGR) ▶ Key provisions of the TDGR include requirements for proper classification, packaging, labeling, placarding, and documentation of dangerous goods shipments. It also mandates training for personnel involved in the transportation of hazardous materials and establishes emergency response procedures in case of incidents or accidents involving dangerous goods. Compliance with the TDGR is essential for ensuring the safety of individuals, property, and the environment during the transportation of hazardous materials by ground. Failure to comply with these regulations can result in penalties, fines, and legal This Photo by Unknown Author is licensed under CC BY
  • 142. Transportation of Dangerous Goods Regulations (TDGR) ▶ Transportation companies, shippers, carriers, and other parties involved in the transportation of dangerous goods by ground must familiarize themselves with the requirements of the TDGR and take appropriate measures to ensure compliance with the regulations. Additionally, they may need to obtain permits or authorizations from regulatory authorities depending on the nature of the hazardous materials being transported and the This Photo by Unknown Author is licensed under CC BY
  • 143. Transportation of Dangerous Goods Regulations (TDGR) ▶ Dangerous goods are indeed generally defined as articles and substances that are capable of posing a significant risk to health, safety, property, or the environment. This definition encompasses a wide range of materials, including explosives, flammable liquids, gases, toxic substances, corrosives, and radioactive materials, among others. Proper handling, storage, transportation, and disposal of dangerous goods are essential to mitigate the risks associated with these materials and ensure the This Photo by Unknown Author is licensed under CC BY
  • 144. Legal Liability ▶ Legal liability establish the legal responsibilities written either in a contract or by the law of the land. It outlines the duties and responsibilities that must be fulfilled, and failure to meet these obligations can result in legal consequences, such as lawsuits, fines, or other penalties. Legal liability can arise from various sources: 1. Contractual Obligations: When parties enter into a contract, they agree to certain terms and conditions that outline their rights and obligations. If one party fails to fulfill its contractual obligations, it may be held legally liable for breach of contract. 2. Statutory Law: Laws enacted by legislative bodies, such as federal or state governments, establish legal requirements and standards that individuals and businesses must comply with. Violations of statutory law can lead to legal liability, enforced through This Photo by Unknown Author is licensed under CC BY
  • 145. Legal Liability ▶ Legal liability can arise from various sources: 3. Common Law: Legal principles developed through judicial decisions over time also establish legal responsibilities. Common law doctrines, such as negligence or strict liability, impose obligations on individuals and businesses to exercise reasonable care or ensure product safety, for example. 4. Tort Liability: Tort law governs civil wrongs that cause harm or injury to others. Tort liability may arise from actions such as negligence, defamation, or intentional wrongdoing, and individuals or entities found liable may be required to compensate the injured party for damages. In summary, legal liability encompasses the duties and responsibilities established by contracts, statutes, common law, or tort principles. Understanding and fulfilling these obligations are essential for individuals and businesses to avoid legal disputes and This Photo by Unknown Author is licensed under CC BY
  • 146. Warranty ▶ In marine insurance, a warranty is a promise or guarantee made by the insured party to the insurer regarding specific conditions related to the insured property or the conduct of the insured during the period of coverage. Unlike representations or terms, which are statements of fact or provisions of the insurance contract, warranties are considered to be conditions precedent to coverage. This means that the insurer's liability under the policy is conditional upon strict compliance with the terms of the warranty. In the context of marine insurance, if a warranty is breached, the insurer may be entitled to deny coverage for any losses or claims arising from that breach, regardless of whether the breach is directly related to the cause of the loss or not. Even if the breach is minor or has no direct connection to the loss, it can still This Photo by Unknown Author is licensed under CC BY
  • 147. Warranty ▶ For example, if a marine insurance policy includes a warranty stating that the vessel must have a certain type of navigational equipment on board, and it is discovered during a claim investigation that the vessel did not have that equipment at the time of loss, the insurer may deny coverage for the claim, even if the loss itself was unrelated to the absence of the equipment. Therefore, in marine insurance, warranties typically require exact compliance, regardless of whether they are material to the risk or not. It's crucial for insured parties to understand and adhere to all warranties specified in the insurance policy This Photo by Unknown Author is licensed under CC BY
  • 148. Insurance ▶ An insurer is liable for a loss that is proximately caused by a peril insured against. In insurance, the principle of proximate cause is essential in determining whether the insurer is liable for a loss. Proximate cause refers to the dominant or most immediate cause of a loss or damage. If a peril insured against is the proximate cause of a loss, the insurer is generally liable to indemnify the insured for the resulting damages, subject to the terms and conditions of the insurance policy. For example, suppose a property insurance policy covers fire damage, and a fire breaks out in a building, causing extensive damage to the structure and contents. If the fire is determined to be the proximate cause of the loss, the insurer would typically be liable to compensate the insured for the damages resulting This Photo by Unknown Author is licensed under CC BY