The Complexity Effect of Freight Forwarding Trade Instruments in Project Logistics
The Complexity Effect of Freight Forwarding Trade Instruments in Project Logistics
The Complexity Effect of Freight Forwarding Trade Instruments in Project Logistics
Keywords: Freight forwarder, FIATA, Bill of lading, fraud, trade logistics, Certificate
of receipt
introduction
Freight forwarders existed for a long time and long before the world discovered
the modern use of the word logistics. The history of freight forwarding dates back
centuries. As of 1800, the earliest freight forwarders were known to be innkeepers who
helped hotel guests hold and re-forward their goods 1. This system progressed and
evolved into
1 One of the earliest freight forwarders was Thomas Meadows and Company Limited of Lon-
don, England, established in 1836 (https://shenfielddepot.smugmug.com/FreightForwarding/
Thomas-Meadows-and-Co-Ltd/)
48 Monika Petkevičiūtė – Stručko, ivanou
Yauhen
2 The author bears in mind in mind NSAB 2015 (Scandinavian countries), ADSp 2017 (Ger-
many), LEBES 2015 (Lithuania)
3 FIATA is a non-governmental organization founded in 1926 which represents an industry
covering approximately 40,000 forwarding and logistics firms employing approximately 8-10
million people in 150 countries an international Association with members including
National Association Members and Individual Members. FIATA serves as the watchful eye
of all partici- pants in the freight forwarding industry.
documents in international trade logistics, while describing cases and possible schemes
of fraudulent usage of FBL, which arise during multimodal transportation of goods.
For freight forwarders that conduct all or part of the transport themselves, they
are principal to customers. Also, if the forwarder does not transport the cargo but
issues transport documents like a bill of lading, he will be the contractual carrier to the
customer. In these cases, forwarders are liable to customers as real carriers are. [10]
Freight Forwarders mostly design and print their own forwarding instruction
forms, which must be filled in by their clients. However, the instruction forms of the
various freight forwarders are non-uniform.
Nowadays when the complexity of services provided by freight forwarders are
increasing, for instance in multimodal transport or project logistics, the FIATA
documents are one of the main uniform instruments in cross border trade facilitation. [8]
In the interest of uniformity and a common layout, FIATA has drafted numerous
documents including the FIATA model for forwarding instructions. FIATA forms are
aligned to the UN layout key for trade documents, which aim to provide an
international basis for the standardization of documents used in international trade.
Since 1955, as part of a membership deal, FIATA has allowed its National
Associations to distribute FIATA documents to their Individual Members. Such FIATA
documents include:
- FIATA Forwarders Certificate (FCR)
- FIATA Forwarders Certificate of Transport (FCT)
- FIATA Negotiable Multimodal Transport Bill of Lading (FBL)
- FIATA Warehouse Receipt (FWR)
- FIATA Shippers Declaration for the Transport of Dangerous Goods (SDT)
- FIATA Non-Negotiable Multimodal Transport Waybill (FWB)
- FIATA Shippers Intermodal Weight Certification (SIC)
In today’s industry, freight forwarders which are individual members can
approach their National Associations and request to purchase FIATA documents. Once
purchased, freight forwarders fill out the hard copy of the FIATA document and
send it to their clients, agents or other relevant counterparts, such as banks,
insurers, authorities and other stakeholders of the supply chain.
Only national freight forwarders associations (general members of FIATA) can
issue FIATA documents. The documents should have continuous serial numbers. The
national freight forwarders shall stamp its seal on FBL before it dispatches the
documents to freight forwarders. FIATA requires the issuer of its document to acquire
direct insurance that covers the issuer’s liability.
An analysis that FIATA conducted in June 2011 revealed the importance of
several key documents. This analysis discovered that the FIATA Bill of Lading was the
most commonly used document amongst FIATA members. Other popular documents
included the FIATA Non-Negotiable Multimodal Transport Way Bill (FWB) and the
FIATA Freight Forwarders Certificate (FCR). [8]
The FIATA Multimodal Transport B/L or FBL is a document designed to be used
as a multimodal or combined transport document with negotiable status. By issuance
of this FBL, the freight forwarder (a) undertakes to perform and/or in his own name to
procure the performance of the entire transport, from the place at which the goods are
taken in charge (place of receipt evidenced in the FBL) to the place of delivery
designated in the FBL and; (b) assumes the liability based upon FIATA Standard
Conditions. These conditions are based upon the UNCTAD/ICC Model Rules for
Multimodal Transport, according to which the information in the multimodal transport
document is prima facie evidence of the taking in charge by the Multimodal Transport
Operator of the goods as described in the Multimodal Transport Contract (unless a
contrary indication, e.g. "shipper's weight, load and count", "shipper packed
container", or a similar expression, has been made in the printed text or superimposed
on the document). [17]
The non-negotiable version of this document is the FIATA Multimodal Transport
Waybill or FWB - a document through the issuance of which the freight forwarder
(a) undertakes to perform and/or in his own name to procure the performance of
the transport, from the place at which the goods are taken in charge (place of receipt
evidenced in the FWB) to the place of delivery designated in the FWB.[17]
In general, The FIATA Multimodal Transport Waybill (FWB) is a carrier-
type transport document set up by FIATA for the use by freight forwarders acting as
Multimodal Transport Operators (MTO). The FWB can also be used as a sea waybill.
This document is non-negotiable. A freight forwarding acting as MTO or marine
carrier issuing the FWB is responsible for the performance of transport. The freight
forwarder does not only assume responsibility for the delivery of the goods at
destination, but also for all carriers and third parties engaged by him for the
performance of the entire transport. Contrary to the FIATA Multimodal Transport Bill
Of Lading (FBL), the FWB must not be presented by the consignee for the delivery of
goods at destination.
Under FWB, the shipper has rights in goods. But if the shipper fails to exercise
his right in goods before the cargo arrives at destination, freight forwarder has the right
to deliver the goods without original documents submitted by the consignee. FWB is
not a certificate of ownership. Unlike FBL, FWB cannot lead to the transfer of
ownership by endorsement and delivery of original documents. [16]
However, FBL and FWB share two similarities. Both are certificates for cargo
receipt and include terms and conditions to which freight forwarders commit
themselves. The freight forwarder shall assume the obligation of a carrier and deliver
the goods to the destination assigned in the documents.
The FIATA Freight Forwarders Certificate (FCR) enables the freight forwarder
to provide consignor with a special document as an official acknowledgement that he
has assumed responsibility of the goods. The FIATA FCR can be handed to the
consignor immediately after the consignment has been received by the forwarder. FCR
is non- negotiable. By completing the FIATA FCR the freight forwarder certifies that
he is in possession of a specific consignment with irrevocable instructions for dispatch
to the consignee shown in the document or to keep it at his disposal.
The forwarder should not issue an FCR unless:
The consignment has been handed over with right to dispatch the goods.
The goods appear to be in good order and condition
The FCR details match the forwarder's instructions and there is no conflict between
the forwarder's obligations under the FCR and the terms of any transport documents
issued. [14]
Freight
forwarder FCR
Pre-loading
Foreign
Buyer
The visual description of usage of FIATA FCR shows the transaction of bulk
goods. By issuing FCR a freight forwarder confirms that he has received the goods as
stated in FCR with external status, in good condition from Supplier and he has been
keeping them to make an irrevocable shipment to Consignee (Foreign buyer) or hold
that shipment at Consignee’s disposal. FCR is not a transport document because it does
not determine the actual delivery; it is just the receipt of goods by the forwarder. [4]
FCR is originally used when the supplier sells the goods under Ex Works (EXW)
terms and must prove that they have fulfilled the obligations to the buyer by
presentation of FCR. The freight forwarder will issue FBL only when the goods are in
his custody and does not have any other claims against such shipments.
FCR
Goods to be
shipped
Before FBL
Carrier
It is not mandatory for freight forwarders to issue an FCR only when the goods
are stored in bonded warehouses. The FIATA FCR can be given to the consignor
immediately after the freight forwarder has received the consignment. By completing
the FIATA FCR the freight forwarder certifies that he is in possession of a specific
consignment with irrevocable instructions for despatch to the consignee shown in the
document or for keeping at his disposal. These instructions may only be cancelled if
the original FIATA FCR document is provided to the issuing freight forwarder, and
only if he is in a position to comply with such a cancellation or alteration. [14]
Most people would agree that fraud has become somewhat pervasive in today’s
society. While it is a problem that is likely as old as humanity itself, the increasingly
technological world in which we live has, in many ways, changed the nature and scope
of fraudulent schemes.
Though, FIATA Documents, as mention before, have an excellent reputation and
are recognized as documents of tradition and trust in the world trade, as FBL has
gained universal acceptance, cases of fraudulent usage of document has surfaced.
There have been numerous instances of fraudulent FIATA bills of lading being
issued in order for criminal parties to obtain payment of funds for cargo that never
shipped, obtain improper release of cargo, etc. This activity harms the shipping public
and potentially exposes NVOs, national associations, and FIATA itself to liability.[6]
Bill of lading fraud can take many forms, the author has listed only the most
common ones [7]:
Pre – dating or post - dating: confirming loading on a date prior to, or after, the
date on which the cargo was loaded. For example, pre-dating a bill of lading only two
or three days earlier than the cargo was actually loaded on the ship is fraudulent;
Misdescription of cargo: bearing an incorrect description of the quality, quantity
or condition of the cargo. The most frequent misdescription of cargo is "clean on
board" in respect of cargo which is known to have been damaged in some way;
Selling same shipment twice: with a fraudulent Bill of Lading selling the same
shipment to two or more consignees.
Moving cargo intended to be carried under deck “on deck”: claused "shipped
under deck" (or bearing no reference to shipment on deck) for cargo which is known to
have been loaded on deck;
As respects FIATA FBL, there are two scenarios of primary concern.
Fraud is
perpetrated Fraudulent Bill
Bank releases Shipment never
against the of Lading
funds to loaded aboard
bank via the Presented to
fraudster vessel
documentary Bank
letter of
credit
Whilst banks have only limited access which means that they can only recall
upon FIATA document number to view its date of issuance, port of loading &
destination and details of the issuing member.
Fraud is
perpetrated against the beneficial cargo owner and/or the
Fraudulent Billcarrier
of Shipment is
Lading Presented to Carrier
released to fraudster
While not frequent, fraud events can be very costly when they do occur. For
this reason, a mechanism of cooperation with various parties of transportation
process would have to be developed in order to reduce the risk. Firstly, freight
forwarders need to carefully verify the identity of partners they are working with
(shippers, brokers, carriers etc.), Secondly, it is necessary to verify partners
insurance certificate. Thirdly, and most importantly, a freight forwarder should be
certain that they have added coverage to their transportation insurance policies to
protect them from acts of dishonest third parties such as carriers, drivers and those
impersonating them.
Herewith, FIATA developed a system offering FIATA members and their
customers an electronic version of the FIATA Bill of Lading (eFBL). The system can
be accessed with a registered user ID/password and a bank-grade security token, with
no software installation required.
This should eliminate the risk of fraudulent Bills of Lading being presented at
destination for collection of goods and ensure that the industry is protected from a new
type of fraud, such as hacking and/or online replication of original FBLs or illicit
trading and forgery.
Conclusions
1. The role of a freight forwarding evolved over the years making the freight
forward- er the architect of the whole supply chain. The freight forwarder has a
strong com- mercial position compared to carriers, especially when dealing with
multimodal transport.
2. FIATA documents are a uniform standard for freight forwarders worldwide when
the services they provide is a subject of different jurisdictions.
3. FIATA Forwarders Certificate of Receipt is not a transport document because it
does not determine the actual delivery. FCR is considered to be just a receipt of
goods of Freight forwarder only. The FIATA Multimodal Transport Waybill is a
carrier-type transport document, although unlike FBL it is not a certificate of
ownership.
4. FIATA Multimodal Transport Bill of Lading is the mostly commonly used and
well- known paper document, endorsed by the ICC. It has gained international
signifi- cance throughout the supply chain industry and greatly benefits trade
in millions of examples. However, the FIATA Bill of Lading is prone to
switching hands between parties thus enabling criminals for using fraudulent
schemes. For this reason, a mechanism of cooperation based on trust with
various parties in transportation process would have to be developed in order
to reduce the risk.
reference