Request from BIMCO Documentary Committee

Dear Committee Members:

BIMCO has requested advice from our members about its North American Advance Cargo Declaration Clauses for voyage and time charters which is attached.

Liz Burrell has provided this background and requested input from our members.

“One of the most rapidly evolving regulatory fields over the last years has been advance cargo declarations, especially on this side of the Atlantic. Thus, a Working Group is revising the current North American Advance Cargo Declaration Clauses for Time and Voyage Charter Parties (as set out in the attached Special Circular) to take account of new Canadian regulations.

A member of the Working Group has suggested that the clause’s US provisions have become anachronistic and should be deleted because: (a) owners now have their own bonds in place, making it unnecessary for charterers to supply a bond; and (b) under both time and voyage charters, owners now handle all advance notification requirements, making it unnecessary to apportion party responsibility for Customs compliance. Nevertheless, a BIMCO member who trades frequently to the US disagrees and advises that the clauses are necessary and continue to be used.

Donald Chard, BIMCO’s Legal and Contractual Affairs Consultant, has asked us to provide some reliable advice on the US portion of the clause, most especially our views on the content of the US portion of the clause and information on how such procedures are currently being handled.”

Please provide any input directly to Liz Burrell at her email address: [email protected]

Thank you very much for your consideration of this request.

Regards,

Lawrence I. Kiern
Partner
Winston & Stern LLP
1700 K Street, N.W.
Washington, D.C. 20006-3817
Phone: 202-282-5811
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