E-Flash No 23 - 11 March 2011

"Who pays?" Liabilities upon the detection of the violation on Intellectual Property Rights

FIATA released in September 2010 its Position Paper on "Intellectual Property Rights"

This paper provides a public position as to FIATA’s concern as the preparatory work by the European Union and a number of other World Trade Organization members on the Anti- Counterfeiting Trade Agreement. The early draft foreshadowed an impact on service providers in international trade logistics and supply chain management as being seen the "freight holder" and thus captured as regards storage and destruction which may arise as to any intellectual property violation if goods were held at the border.

Arising from this Paper an invitation was extended for FIATA to participate in the Sixth Global Congress on Combating Counterfeiting and Piracy held in Paris 2-3 February 2011.

The Congress provided the opportunity for FIATA represented by the Customs Affairs Institute Chairman Mr Stephen Morris, to extend FIATA’s knowledge and reach in relation to the issue of intellectual property rights.

It was indeed timely as to FIATA's presence at this event as to the perception of rights holders looking to divest themselves of the responsibility for the cost of storage and/or destruction of goods detained at the border (which may breach intellectual property holder's rights). FIATA delivered a clear message that intermediaries have no liability (unless this could be proved otherwise from a criminal evidence aspect) as to protecting intellectual property holder's rights as to goods that may have been carried, or arranged for carriage with other parties, or entered for regulatory purposes..

FIATA supports the TRIPS (trade-related aspects of intellectual property rights) Agreement and the concept of the Anti-Counterfeiting Trade Agreement particularly as to the social obligation of governments to its citizens in relation to health and safety.

http://www.wto.org/english/tratop_e/trips_e/trips_e.htm

http://ec.europa.eu/trade/creating-opportunities/trade-topics/intellectual-property/anti-counterfeiting/

2011 Transport Achievement Award – Applications close 21 March 2011

We would like to remind you that applications are closing soon for the International Transport Forum 2011 Transport Achievement Award!

The Award will recognise projects or initiatives that demonstrate excellence in identifying and efficiently meeting the transport needs of their clients. It aims highlight the importance of taking seriously the transport needs of society, both in relation to personal mobility and to ensure ready access of goods within communities.

The International Transport Forum at the OECD is offering this prestigious award jointly with the International Association for Public Transport (UITP), the International Federation of Freight Forwarders Associations (FIATA) and the European Association for Forwarding, Transport, Logistics and Customs Services (Clecat).

Applications for the Award are open to all modes of transport: operators, service providers, authorities, and suppliers and/or manufacturers, within International Transport Forum member and observer countries. It will be awarded in the presence of Transport Ministers from around the globe at the International Transport Forum’s annual summit to be held 25-27 May 2011 in Leipzig, Germany.

For more details or to apply for the Award, go to www.internationaltransportforum.org/2011

FMC to Change NVOCC Tariff Regulations

The Federal Maritime Commission has voted to issue the final rule for Docket 10-03, NVOCC Negotiated Rate Arrangements (NRA). This will create a new pricing option that licensed NVOCCs may utilize instead of tariffs or NVOCC Service Arrangements (NSA). The final rule was issued by February 23, 2011, and will become effective on or about April 9, 2011. Licensed NVOCCs who take the steps required to satisfy all conditions of the new regulations will be relieved of tariff rate publication requirements, but must continue to publish tariff rules. This final rule will establish an instrument called a "Negotiated Rate Arrangement" or NRA.

NVOCCs outside the USA who are registered with FMC, but not licensed, were not given the new option to use Negotiated Rate Arrangements (NRAs). They must continue to move all shipments to/from the USA under tariff rates or NVOCC Service Arrangements (NSAs). They gain no benefits from this FMC action, and must continue to comply with all the same FMC regulations currently in effect. While the final rule approved by the Commission limits the exemption to U.S.-licensed NVOCCs, Commissioners in the majority said they would consider the possibility of extending the exemption to foreign, unlicensed NVOCCs at some future date.

More information on the new NRA option and the final rule can be found at the following links:

http://www.fmc.gov/economic_and_regulatory_relief_approved_for_more_than_3300_businesses

Final rule http://www.fmc.gov/assets/1/News/Docket_10-03_Final_Rule.pdf

BIFA Training - Guide to Incoterms® 2010 on YouTube

Incoterms®2010 are published by The International Chamber of Commerce in Paris and came into effect on 1 January 2011. This training presentation is a guide to understanding the new Incoterms, and is designed for anyone involved in the international movement of goods.

http://www.youtube.com/watch?hl=de&v=Jqd4kZRfpfY

Air Canada to embargo all cargo flown to the U.S. effective March 10, 2011 until further notice

Air Canada Cargo has issued a bulletin to all customers on March 9th informing them that an emergency change to US security measures means they will not be able to ship any air cargo to the US until they can ensure compliance.

The text of their bulletin follows:

"The US Transport Security Administration (TSA) has issued an emergency amendment to security measures which will take effect March 10, 2011. Given the short notice, it will not be possible for us to implement the necessary measures to ensure compliance and as a result, we are required to embargo all cargo flown to the US effective March 10, 2011 until further notice. Shipments already accepted prior to this date will be carried to destination. Discussions continue with TSA as well as other country security agencies to find ways to mitigate this situation as quickly as possible. Additional updates will be provided as they become available. In the meantime, should you have any questions, your local Sales team will be glad to assist you.

We are doing our best to minimize disruptions to our operations and thank you for your understanding during this time."

UNCTAD and FIATA co-operation for "Train-the-Trainer" course in Pakistan

FIATA Advisory Body Vocational Training teamed up with UNCTAD (United Nations Conference on Trade and Development) on a World Bank funded "Trade Facilitation" project in Lahore (Pakistan) in which capacity building plays a major role.

28 well motivated participants contributed actively in the "Train-the-Trainer" course, delivered between 21 February and 4 March 2011 at the Pakistan Institute of Management in Lahore (PIM), hosted by the local branch of the Pakistan International Freight Forwarders Association (PIFFA). Trainers from FIATA and UNCTAD were assisted by local facilitators and domain specialists. The potential trainers had to pass two demanding exams and deliver a presentation to demonstrate their trainer skills. At the closing Ceremony the graduates received certificates form the hands ob members of the PIFFA Board, representatives of UNCTAD and FIATA, as well as local dignitaries. The Training Committee of PIFFA Lahore will soon start to develop its own training programme for the freight industry in Lahore and surrounding area.

11 March 2011

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