Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Chilean Export Laws

The law of the sea.

Chilean Export Laws

Postby Luiginw » Tue Dec 06, 2016 8:22 pm

Hello Sir,

I am a licensed import customs broker and i recently started working importing wine from Chile. My contact in Chile told me that there is a Chilean regulation which states that not BOL can have more than 1 container. This has forced me to have a separate BOL cut for every container even if we have consolidated and have multiple containers from the same vendor, shipping on the same vessel. I immediately thought this was strange and have spend the last couple of days researching this "Chilean law". Is this a real export requirement? We are shipping wine, I do not know if that changes anything. Thank you for your time.

Andrew Allen
Luiginw
 
Posts: 43
Joined: Thu Mar 06, 2014 11:40 am

Chilean Export Laws

Postby Bertram » Wed Dec 07, 2016 3:45 pm

Hello Sir,

I am a licensed import customs broker and i recently started working importing wine from Chile. My contact in Chile told me that there is a Chilean regulation which states that not BOL can have more than 1 container. This has forced me to have a separate BOL cut for every container even if we have consolidated and have multiple containers from the same vendor, shipping on the same vessel. I immediately thought this was strange and have spend the last couple of days researching this "Chilean law". Is this a real export requirement? We are shipping wine, I do not know if that changes anything. Thank you for your time.

Andrew Allen
Bertram
 
Posts: 29
Joined: Sat Apr 12, 2014 11:58 pm

Chilean Export Laws

Postby Cissie » Thu Dec 08, 2016 7:53 pm



Dear Andrew The problem with your question is that its way to  complex of an answer to give in this forum-BUT LET ME GIVE YOU SOME VERY GOOD INSIGHT-  If FCA delivery terms applies then incoterms defines the obligation of the seller and buyer - You are dealing with CT documents(Combined transport documents) as such uniformity now differs in applying  rules as per Hague Visby convention-IF SUCH IS APPLIED TO THE SALE CONTRACT- No matter the delivery rules and laws used on the contract ,the specific problem  is as follows- IS NOT OF DELIVERY  BUT INSURANCE CLAIMS, LIABILITIES  AND DAMAGES-and indeed collection of Payments.

You either  apply "FCA" incoterms which defines that the BOL is a "received on board BOL" or you apply CIP(carriage insurance paid to) delivery terms which fall on similar ground as Incoterms CIF delivery , except its used in container terms-In which case beside all delivery documents being applied a  "Marine shipped on board bill of lading  is applied" -

But  there is also the issue of  Multi transport Combined  "delivery" in the case of Containers in where Goods are "delivered " once picked up by the Carriers agent or  once delivered into Container freight station(CFS)

Thus delivery once applied lets say to 1 X  FCL directly to the CFS is a different  situation in where 20 x  10 ft  FCL  are delivered to the CFS by the same seller-

The actual issue here pertains to units and liabilities of parties responsible for damage to goods being "delivered"- Unless specifically implied different  Banks will accept CT documents in where the on board BOL  may not be apparent-

Thus, the bank needs to ascertain the number of containers and also  the  packages of unit that are being sold INSIDE the CONTAINER via its presentation  documents- applicable to the  same supplier-at it applies to the release of payments- as per condition of the DLC-

PARTIAL COLLECTION PAYMENT ARE ALSO ALLOWED TO APPLY ON SUCH DLC PAYMENTS MEANING - WHAT HAPPENS? IF THE GOODS ARE SEPARATED AND DOCUMENTS  ARRIVE FOR PRESENTATION STAGGERED?- THE SUPPLIER CAN OBTAIN PAYMENT OF WHAT HAS BEEN DELIVERED-

NOw WHAT HAPPENS IF ONE BOL IS ISSUED ATTESTING TO 20 FCL  IN  WHERE  I FCL LOAD IS MISSING- AND IS CLAUSED " 19 FCL RECEIVED"  THE SUPPLIER MAY NEVER GET PAID UNTIL THAT ONE FCL IS FOUND-

BECAUSE THE  SAID COLLECTION CAN ONLY BE APPLIED SPECIFICALLY TO THE ADVICE APPLIED ON THE CREDIT -

The Contract states 20 FCL, then indeed 20 sets of numbered documents  as to tile or delivery  must be apparent because ON the DLC issued to the supplier such will also be implied accordingly- the DLC cannot be collected upon if it states 200,000 bottles of wine without giving reference to 20 FCL X 20 foot  FCL. it can  only apply collection on each FCL delivered-

So collection is dependent on identifying the FCL independently- in matters of presentation and collection application- But with the carrier and indeed matter is of DELIVER and INSURANCE-

While the ship declares that 20 FCL have been delivered into its care , it cannot declare that is has accepted 200,000 bottles of wine- nor the value of such wines in case of damages being claimed-

Thus Carrier obligations as it applies to INSURANCE applies that while 20 FCL have arrived into the care of the carrier , damage to the goods are relevant only to insurance claims made 9among other things)

Accordingly each single container, MUST  define what IS inside  by way of units and value- AS A MATTER OF INSURANCE - You cannot say nor make claim  that you lost 200,000 bottles of wine , if only one container is lost from 20 others- because 200,000 bottle cannot fit into one FCL- Accordingly the Carrier acknowledges each and every container "It takes into its care " but not its content - The Supplier producing the BOL although identifying the good in units - means nothing to the carrier because it really does not know what is inside each sealed carrier- It can only identify the number of FCL It has received into his care-

IN BULK CARRIER FREIGHT - LETS SAY 100,000 MT OF GOOD APPLIES- ONE BOL, ONE SUPPLIER , ONE OWNER-IS ALSO A RULE. IF THE SHIP ARRIVES AT THE PORT OF DESTINATION WITH !40,000 MT  FOR 2 BUYERS, THEN THE FIRST BUYER HAS THE RIGHT TO CLAIM THE WHOLE  SHIPMENT OF 140,000 MT EVEN THOUGH  ONLY 100,000 MT ORDER APPLIES-

IN FCL , ONE BOL TO ONE CONTAINER  NOW DEFINES  THAT  THE CONTAINER IS THE UNIT BEING DELIVERED TO A PARTICULAR PERSON NO MATTER HOW MANY DIFFERING BUYER APPLY- IF YOU CHARTERED A WHOLE SHIP IN APPLYING THAT FOR INSTANCE ALL 300 FCL ON BOARD ARE YOURS AND NOBODY ELSE - THEN YES THE BOL  IS ISSUED ONCE ONLY- FURTHER NOTE INTERNATIONAL TRADE RULES AND LAWS APPLY ONLY MOSTLY  AFTER " THE GOODS PASS OFFER THE SHIPS RAIL "  THUS THE INTERNAL  LAWS OF THE EXPORTERS COUNTRY  APPLIES TO OVER RIDE ALL SUCH LAWS UNTIL SUCH OCCURS-

I HOPE THE ABOVE IS OF HELP

KIND REGARDS

DAVIDE GIOVANNI PAPA

SALES: WWW.FTNX.9F.COM

STUDY:WWW.ITSI.ITGO.COM

PUBLICATION: WWW.FTNEPXORTING.COM  
Cissie
 
Posts: 48
Joined: Thu Feb 06, 2014 10:10 pm


Return to Maritime Law

 


  • Related topics
    Replies
    Views
    Last post