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What's New

Keep up to date by accessing Strong & Herd's "What's New" page - a free service. As well as bullet point details on current and proposed changes that affect importers and exporters, there will be reminders on on-going issues and training options plus a monthly article "Alex's Diary: Trial and Tribulations of a Shipping Manager" for your amusement and interest. (First published "International Trade Today" magazine.) If you have any news you think should be on this page please contact us.


EU Changes to Conference Lines for L/C

Date added: 20/10/2008

The following has been issued by the ICC: As you may be aware, as of 18 October 2008, the EU is ending the anti-trust immunity that has hitherto allowed shipping lines to organise themselves into "conferences". Consequently, from this date, the EU will not allow the issuance of certificates in respect of the vessel belonging to a "conference line". Under current practice, L/Cs often require a Conference Line Certificate and carriers have often declared that a vessel is a "Conference Line Vessel". In order to guarantee the smooth handling of L/Cs after 18 October 2008: (i) carriers are kindly requested to pay attention to this change; (ii) banks are requested to take account of the change in their issuance of L/Cs and to advise their customers accordingly; and (iii) banks may wish to consider amending L/Cs already issued that require Conference Line Certificates to be presented for shipments to/from the EU and that allow shipment on or after 18 October 2008. Note that: the removal of shipping lines' anti-trust immunity has occurred only because shippers have run a long campaign demanding it. As such, there should be absolutely no resistance from shippers (the beneficiaries or applicants of a Credit) to removing the stipulation from L/Cs. Also this is an EU, rather than a global, issue. It has no bearing on whether conferences can or cannot exist on routes that do not touch the EU.

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New security procedure USA (10+2 Rule)

Date added: 20/10/2008

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New security procedure USA - 10+2 Rule

Date added: 20/10/2008

If you ship to the USA by sea freight you need to find out whether your customers and forwarders are aware of the new security procedure due to be introduced before the end of 2008. 10+2 Rule is a pair of new security filings that must be made by importers to the US Customs and Border Protection Agency (CBP). The new regulations ultimately stem from the Safe Port Act of 2006 and officially called the Import Security Filing. It is known as 10+2 because it requires two electronic filings for imported goods - one consisting of ten data elements, and then two additional ones as the goods move closer to the inbound port. The ruling requires importers of their designated agents to file 10 types of data elements 24 hours prior to vessel lading overseas. The vessel operator will have to submit the other 2 data elements 48 hours from the vessel departure from the foreign port.

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Update on AEO applications

Date added: 20/10/2008

End of September 2008 HMRC reported that 151 AEO - Authorised Economic Operator - applications have been received, mainly from freight internediaries and customs brokers. 28 AEO Certificates have been issued in the UK. Approximately 1200 applications have been received by authorities across the EU. There is very little activity in Portugal, Spain and Greece with the take-up being mainly in Germany, UK, Sweden and the Netherlands with Italy and France coming along. No real further progress has been made with regard to the mutual recognistion of EU AEO status with the USA, mainly due to the Presidential election campaign.

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2009 changes to Dangerous Goods Regulations

Date added: 20/10/2008

In 2009 there will be changes to all Dangerous Goods Regulations. Changes to ADR Regulations - Road: Major change TREM Cards will no longer be required they will be replaced by Driver Information Instructions, no longer product specific but generic advise on handling hazardous goods. a) Awareness training: All personnel must attend hazardous goods awareness training before taking on responsibility for these goods b) Infectious substances - category A: this chapter being re-written c) High Consequence goods: Ammonium Nitrate to be added to the list of high consequence goods. Glass 1.4, shaped charges and detonators added. d) Transport: Organic peroxides may be carried together; Hazardous warning signs on vehicles must be secured so that they cannot fall out or fold up, should the vehicle be involved in an accident. Consignors must advise carriers about the nature of hazardous goods and limited quantities prior to collection.

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Modernised Customs Code

Date added: 20/10/2008

The European Commission have now released a first preliminary draft of the Implementing Provisions to this Modernised Customs Code (MCCIP) The following areas might be of particular interest: a) Centralised clearance b) Self Assessment c) AEO - requirement to meet the criteria (rather than hold a certificate) is covered in various articles d) temporary storage rules e) customs debt and guarantees. Contact Peter Starling at HMRC for further details. emailL peter.starling@hmrc.gsi.gov.uk

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GSP 2009-2011

Date added: 20/10/2008

Member States of the EC adopted on 22 July 2008 a new scope and coverage Regulations applying the EC's GSP for the period from 1 January 2009 until the end of 2011. The new regulation is broadly the same as the current arrangements, in that: a) the list of sensitive and non-sensitive products has not changed b) duty reductions remain the same as at present c) GSP remains suspended for Belarus and Myanmar The only real changes are in the areas of product graduation and de-graduationand treatment of GSP+ countries. All current beneficiaries of the GSP+ arrangements (Bolivia, Columbia, Costa Rica, Ecuador, El Salvador, Georgia, Guatemala, Honduras, Mongolia, Nicaragua, Panama, Peru, Sri Lanka and Venezuela) must re-apply by 31 October 2008 to continue to benefit fromthe more generous GSP rates of duty. The European Commission will make a decision by 15 December 2008 on their eligibility to continue to benefit from the facility from 1 January 2009.

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Revising Incoterms

Date added: 20/10/2008

As you will be aware the ICC is currently in the process of revising "Incoterms 2000". Under the current schedule, the Incoterms Drafting Group will meet in August and October with a view to circulating a first draft of the revised Incoterms in the first quarter of 2009. In advance of these meetings, we have been informed that members of the Drafting Group would still very much welcome feedback on how the current Incoterms are used and how they might be revised. In this connection, they would be grateful if any one with experience of using Incoterms could complete SITPRO's online questionnaire at: http://www.sitpro.org.uk/questionnaires/incoterms.html. Responses received will then be relayed back to the UK member of the Drafting Group, David Lowe (Partner, Wragge & Co.).

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Pre-Arrival, Pre-Departure Messaging (PAPD)

Date added: 20/10/2008

1st July 2009 is the start date still muted for the start of the EC implementation of Pre-Arrival, Pre-Departure Messaging (PAPD). This is part of the EC security measures under the new Export Control System (ECS) and Import Control System (ICS). Though it seems pretty certain that the Pre-Departure messages will be introduced on the 1st July 2009 there are problems with the Import messaging system so this will probably be deferred until later in 2009 or 2010.

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EU Changes to Conference Lines for L/C...

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