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Newsletter - March 2000
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| AGM
Notice to Members |
In accordance with the
Association's By-Laws, Article V, Section 4, notice is hereby given of
the 51st Annual General Meeting of the Canadian International Freight
Forwarders Association, the be held at Hotel Vancouver, 900 West
Georgia Street, Vancouver on Thursday, April 6, 2000 at 15:00 hours.
The National Board of Directors will
present their annual Committee Reports, and the Treasurer will present
his financial report. In accordance with Article IV, Section 11, a
Proxy form will be mailed to all regular members with proposed
amendments to the By- Laws at least 14 days prior to the Annual
General Meeting for those who cannot attend. Proxies shall be
presented to the Chairman of the AGM, not later than 15:00 hours on
the day of the AGM, April 6, 2000. There is ONE vote per regular
member company by it's designated representative.
Also in accordance with Article V,
Section 6, a Nominating Committee was struck and H.J. (George) Kuhn,
Executive Director CIFFA was designated its Chairman. Nominations to
the National Board, sponsored by 5 regular members, must be submitted
to the Chair not later than one month (March 6, 2000) before the date
of the annual meeting. |
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| Erratum,
An apology to Mr. Ron Willis |
In the November 1999 issue
of this publication, your editor authored an article entitled 'More
Controversy on U.S. COGSA'. In it he reacted to comments apparently
made by the chairman of FIATA's COGSA Ad Hoc Working Group. These
comments were of such negative content as to promote a reaction not
only from your editor, but also from many of CIFFA's national members.
Mr. Ron Willis, the Chairman of the
Working Group, took significant exception to our reaction by
emphasizing that at no time did he make such remarks. In view of the
fact that these comments were never made by him, which The
International Transport Journal subsequently confirmed, Mr. Willis'
grief was more than justifiable.
In consequence, CIFFA and the editor of
The Forwarder sincerely and deeply regret their remarks directed at
Mr. Willis and apologize to him for any perceived attack upon his
reputation. Furthermore, the Secretariat of FIATA has advised us of
various inaccuracies in our article especially as regards to correct
protocol, timing and the workings of the FIATA working group that have
been acknowledged.
CIFFA equally wishes to express its
regrets to FIATA and add that its actions and reactions are motivated
by the same interests and principles as those of FIATA. Although we
may take different paths, we all hope to reach the same destination! |
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| National
Board of Directors |
According to our By-Laws, each year four terms expire and these
directors must either stand for re-election or new ones nominated for
election.The following names have so far been submitted for
re-election or election to fill the four vacancies:
John O'Brien,
Director National Sales & Logistics Development
Fritz Starber Inc., Mississauga/Toronto
Joe Kachami, President
KB Forwarders Ltd., Montreal
Hans Pittinger, President
Hellmann Worldwide Logistics Inc., Mississauga/Toronto
Directors continuing in their present
term are: Paul Lobas, ITN International Corp., Calgary, Tony Young,
LCL Navigation Ltd., Toronto, Peter Jones, Patterson, McDougall,
Toronto, Werner Herding, Panalpina Inc., Toronto, Robert Walker,
Carson International, Dorval/ Montreal, Norman Loiseau, Canada
Maritime Agency, Montreal, Don Lucky, Cole Freight Inc., Calgary,
Jerry Giroux, Eastern Maritime Underwriters Inc., Toronto. |
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| Profitable
Advantage |
Global Logistic Provider, Global Network, Global Resources, Global
Communications Systems, Global Procurement, Global transportation
Systems. We are all aiming to be everything to everyone everywhere. In
today's competitive global market place, mobilization and
demobilization for projects is minimal and resource management is
critical to provide the desired level of expertise for the desired
duration. In addition large projects are awarded for minimal margins.
Engineering excellence is not the sole defining factor for project
profitability. Excluding the financing and construction arrangements,
the project profitability is defined in the procurement and logistics
functions. With increased penalties for late deliveries and missing
scheduled project milestones, poor logistics can make or break the
total project profitability. The function of the
VIRTUAL PROJECT LOGISTICS TEAM, is to
form a group of companies, (the Team), with the resources already in
place globally to service the project. This option takes advantage of
current global networks, resources and expertise that can be
integrated at short notice to the desired level of input. With
Canadian and US companies expanding their global out-reach from
traditional trading nations, to purchasing from, and selling to, non
traditional markets, the need for an independent inspection, testing
and certification company is considered to be an essential component,
to act as your eyes and ears, until the goods arrive safely and all
payments have been made.
The Team needs to establish the
controls that should be put in place between the manufacturing
facility and the final THE VIRTUAL PROJECT LOGISTICS SUPPORT TEAM :
PROFITABLE ADVANTAGE Rob Morris P. Eng., General Manager, SGS Canada
Inc. destination of the goods. These controls include the need for
establishing milestones, transfer of ownership controls, due diligence
to reduce risks, the need for identification of order, specification
compliance and a mechanism for dispute resolution. The role of the
Independent Inspection, Testing and Certification Company is to
witness and record that the required milestones and controls have been
met and are working. Satisfactorily or otherwise, completion at each
stage requires communication to the necessary parties in an efficient
and cost- effective manner. Production of these records at key points
in the trading cycle can transfer liability, trigger financial
transfers to take place, and should any damage or loss occur, assist
in identifying where the anomaly occurred and in the process
facilitate a mutually agreed resolution. The buyer, seller, financial
institution, insurance company or logistics provider may collectively
or independently request the services of an independent inspection,
testing or certification company. The Independent Inspection, Testing
and Certification Company is the ªcommon linkº, at the interfaces
between each party reducing the potential for gaps in procedures. Each
necessary event is witnessed and recorded for contractual compliance
or just to enhance their level of confidence. Innovation is a
never-ending challenge as companies strive for an advantage.
Innovative financing options for projects continue to be dynamic with
new monitoring and risk management control requirements attached. All
the ªVirtual Logistics Support Teamº members need to be able to
adapt quickly in this changing environment. The SGS Group provides
global services and local solutions in more than 140 countries.
Founded in 1878, SGS initially specialized in controlling grain
shipments. Today, the SGS group is unique thanks to its worldwide
geographical coverage and the broad range of its services. The core
activities of the SGS Group include inspection and monitoring services
for international trade in agricultural and mineral products,
petroleum and petrochemicals, industrial equipment and consumer goods.
SGS has built its reputation on a
commitment to quality and confidentiality. SGS is dedicated to its
independence as a guarantee of its total impartiality and as such does
not engage in any manufacturing, trading and financial activities
which might compromise its neutrality. The prime objective of SGS is
to assist in minimizing risks and provide assessment, verification and
advice of an independent nature. Global services can only work through
local know- how. SGS experts around the world are indigenous to the
area in which they work. They speak the local language and are
familiar with local conditions, business practices and traditions. The
SGS ªsingle sourceº solutions brings people of different backgrounds
and skills to work together by contributing their specific expertise.
Through this ªsingle sourceº SGS aims to add value by operating as
your eyes and ears around the globe, enabling clients to operate in a
simpler, more efficient, more cost effective and a more secure way, in
every business sector.
Contact: Rob Morris, SGS Canada Inc.,
5925 Airport Road, Suite 300,
Mississauga,
Ontario, L4V 1W1
Tel: 905-676-9595, Fax: 905-676 - 8391
Email: rmorris@sgsgroup.com
Website: www.sgs.ca
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| Havoc
Wreaked by the Longhorn Beetle |
Some 4300 trees in New York City and some 1200 trees in Chicago have
so far been chopped down and removed by agricultural officials after
the trees became infected by the Asian longhorn beetle. A spokesperson
for the US Department of Agriculture said the tree removal is so far
the only way to eradicate the beetles that appear to travel in
untreated dunnage, crating and packing materials from China and Hong
Kong.
USDA's Animal and Plant Health
Inspection Service, in co-operation with their Canadian counterparts,
recently HAVOC WREAKED BY THE ASIAN LONGHORN BEETLE completed an
environmental assessment that has looked at ways to protect North
American trees from these insects. The agency is also planning field
tests of various insecticides and methods in spring of this year. It
is hoped that an effective insecticide can be found to eradicate these
unwelcome insects. Proof positive, we would say, that fumigation and
control requirements implemented by the Canadian Food Inspection
Agency (Memo D-98-10) have been well founded. It is only hoped that
this plague can be contained before it spreads its ugly wings!
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| Cargo
Week 2000 - April 3 - 7, 2000 |
Visit our WEB Site at: www.cargoweek.com
For the first time ever, IATA and CIFFA
are bringing together key decision makers, cargo professionals and
managers for five intensive days of concentrated decision making on
issues, strategies and directions facing carriers, cargo agents,
freight forwarders, service and facility providers.
This will be a week of high excitement,
packing an incredible array of current topics in seminars, workshops,
symposia and other venues of communication presented by an array of
national and international experts, movers and shakers. It is further
spiced with a good amount of networking potential through receptions,
luncheons, exhibitions and a gala dinner.
Whilst Monday is reserved for arrival
and leisure activities including a Golf Tournament, Tuesday through
Friday are working days where the immense amount of change we all have
experienced is being discussed. Change, after all, appears to be the
only constant in this rapidly and ever changing environment.
Tuesday is Workshop Day with a series
of workshops dealing with the Internet in business, E- commerce and
EDI and how our industry is coping with it, can take advantage of it
and effectively employ strategies to maximize return on investment.
Wednesday is Symposium Day with presentations and discussions that
will address new commercial relationships, alliances, mergers, new
transport technologies and the future of cargo distribution networks.
The day is further spiced with an address on Leadership issues in the
3rd Millennium.
Thursday morning (including Lunch) and
Friday morning are Specialty Days and will include two half- day
sessions that will tackle recent developments and trends in the Postal
World, cargo security matters, postal reform, harmonization of Cargo
System Standards, trends in regulation and efforts towards
deregulation, harmonization and standardization on a global basis.
In addition to four days of focus on
Cargo issues, passport holders are eligible to attend the exhibition,
key note speaker luncheons on Wednesday and Thursday, confirmed
receptions and the Gala Dinner on Thursday. The passport is
transferable which will permit other people to attend certain
functions that cannot be attended by the principal holder of the
passport.
The number of passports to be issued is
limited! So as to avoid disappointment we strongly recommend early
registration. Please visit our website at www.cargoweek.com for direct
registration.
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| New
Premises for CIFFA |
As of March 20, 2000 your new CIFFA offices will be located at:
1243 Islington Avenue, Suite 706,
Etobicoke, Ontario M8X 1Y9
In future, please send all your mail to
this address as the post office box will be cancelled.
As is usual today, we cannot yet
confirm the new phone and fax numbers and will have to wait until the
system is installed. As soon as the permanent numbers are available we
will communicate same to you by electronic message. Also our website
will have the new numbers posted as quickly as possible. We are
excited about the new premises as they will allow to better serve our
membership and encourage you to visit us once the move has been
completed.
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| Cost
Versus Value |
The following article is reproduced with the kind permission of The
Air Cargo News.
John Hartnett, air cargo consultant and
until September, project director for air cargo facilitation group
Cargo 2000, tells a story that be believes illustrates perfectly what
is wrong with the traditional air cargo industry. The story is of a
meeting between a major forwarder and a shipper. The shipper had just
taken its Nigeria business away from the forwarder and given it to an
integrator. The shipper had explained that with delivery times of up
to eight days, his Nigerian distributor kept running out of stock and
had lost up to 20 per cent market share to a competitor. The forwarder
was phlegmatic: ªit is a pity, but we just couldn't deliver the
service you were looking for at the price,º he told the shipper. The
integrator had promised the shipper a 72-hour delivery 96 per cent of
the time. Actually, it managed to achieve it 99 per cent of the time.
As Hartnett points out, the forwarder doubtless felt that for $1.50 a
kilo it was giving the best service it could afford. ªBut the irony
is that the shipper was paying the integrator 10 times that amount,º
he says. ªif you talk to managers in forwarding companies, they still
say that this business is about price. But it is not, it is about
service. Do you think that shipper was unhappy Paying the integrator
10 times as much to get the service he wanted? Quite the Opposite: he
was happy as hell.º To prove how prevalent the price focused attitude
is in airfreight, Hartnett points to Press reports of the recent FIATA
conference in Dubai. `Too many forwarders still seem to be getting up
at conferences and saying airlines and integrators are the enemy,
rates are too low, customers want more for less, and life is not fair.
They have failed to see that this is now a service industry, that
shippers needs have changed and they have to change with them,º he
says. Hartnett speaks with some authority about shipper needs, because
as part of his work for Cargo 2000, he travelled around the world
talking to 75 different Companies asking them what they wanted from
airfreight. ªEven with all the cultural and regional differences, the
result was surprisingly specific,º he says. ªThey all wanted a
time-definite product, door-to- door, globally, and at a competitive
price.º
Quite simply, Hartnett says, forwarders
have to Position themselves to Provide such a Product or die, and to
do it they have to break Out of the Price-focused mentality. ªThey
have to put in place a range of time-definite services that meet
customer needs, price it at a level that gives them a profit, and if
they have been in the business a long time, probably change their
sales and marketing teams too,º he says. ªBecause most sales and
marketing teams in forwarding seem only to know how to sell on price.
ªThe biggest single complaint that we got from shippers in the Cargo
2000 survey was that when forwarders came to them to offer a service,
the first thing they talked about was price. They wanted to know `How
much cargo willYou give us?º.
If that sounds a little harsh, Hartnett
contrasts the approach of the average forwarder and an integrator to a
request for a quote. ªIf a shipper approaches an integrator, a
20-year-old clerk on the other end of the line can tap into a computer
and give them a service level, a delivery time, and a tariff to just
about anywhere,º says Hartnett. `Very few forwarders or airlines can
do that. Most say they can get it to New York for US$500, but they
can't say what time it will reach midtown Manhattan. If you say, how
much for a 72-hour service, they have to get back to you. And if you
want a door-to-door delivery time to 100 miles outside New York or
Taipei, forget it. They say they would have to contact the local
partner.º
The Master Operating Plan agreed by
Cargo 2000 in March is designed to tackle just this problem, of
course. Though Hartnett stepped down as project director in September,
this was because he had long passed the end of his two-year contract
(which expired in March), and had other projects to attend to. He
still believes that Cargo 2000 is the traditional air cargo industry's
best hope, not just to survive, but to have any chance of tapping into
the higher yields offered in today's global supply-chains.
He defends rigorously against charges
that the project is losing momentum or moving too slowly. ªThe
industry hadn't changed in 50 years, so to change it in 24 months was
always going to be a chal- lenge,º he insists. He sees the delay in
ap- pointing a systems provider for the project (Syntegra and Unisys
are under considera- tion, but a decision on which will get the
contract has been put back from Novem- ber to January) as a minor
delay. ªit will be between January and, say, the middle of 2001 that
we will find out if Cargo 2000 has really worked,º he says. What
Cargo 2000 will offer forwarders is the same sys- tems capability that
enables the 20-year- old integrator clerk to map out a whole
transportation chain at time of booking. Under the Master Operating
Plan, Syntegra or Unisys would operate a common data platform, a
central computer system link- ing forwarder, shipper, broker and
trucker, along with any other interested parties. When the forwarder
receives a shipper's order - say for a shipment to Hong Kong - he will
be able to call up a series of op- tions pre-negotiated with the
airline or other parties that meet the shipper's deliv- ery needs.
Once the booking is confirmed, the system will automatically notify
airline, broker and trucker of shipment details and create a route
map, specifying exact times for every stage in the journey, from pick
up to delivery to the airport terminal, to flight arrival and
departure, and clearance and delivery to consignee.
As Hartnett points out, this is exactly
the information available at time of booking to UPS or FedEx. But will
forwarders and airlines really sign up to the system? Hartnett does
not deny that within the current Cargo 2000 camp there are foot
draggers and enthusiasts. He mentions no names, but he does suggest
that airlines are in general less willing than forwarders. ªThat is
not surprising, in that for airlines cargo is maybe only 10 per cent
of their revenue. For forwarders it is 100 per cent, so they have a
lot more to lose.
Put up or shut up time will be in
January when a systems opera- tor is - appointed, and Cargo 2000
members have to make the neces- sary investments to take part.
Hartnett admits that will be costly, and suggests that some are
baulking at the cost. ªFor example, it is es- sential for the system
to work to have bar-coding down to piece- level identification. But
some members are saying it will take years to achieve this. That is
walking away from the decision. Bar-coding is a 30-year-old technology
and if it was a safety or security require- ment, we would have it in
a week. You get some people saying we should wait for two dimensional
bar-codes, but why? The bar-code technology we have today can already
deliver everything the cus- tomer wants.º Piece-level identification
is a phrase Hartnett repeats over and over. It is vital to the Cargo
2000 system, he says, because it will provide the check points in the
time-definite system. If cargo is supplied loose to airlines, it will
be scanned into a container and scanned out again, so its exact
location will always be visible to others in the chain. That means,
for example, that brokers at the destination will always know what has
made the flight or not and be able to prearrange clearance
accordingly. Once again, this is stand- ard technology for
integrators, and even for some airline express products. ªAs Hugh
Doyle of Unisys said recently, if airlines and forwarders can't see
themselves doing this, they ought to get out of the business,º says
Hartnett. What will happen to those who do not adopt Cargo 2000?
Hartnett offers an alternative scenario for both airlines and
forwarders. ªAirlines could opt out of the service end of the
business altogether and become low-cost commodity players. That means
getting out of added value altogether, getting out of IT, sales and
marketing departments, warehousing and ground - han- dling, or at the
very least all the huge costs associated with handling loose cargo.
They could then have three to four
people in head-of- fice selling cargo capacity only on a contract
basis by traffic period - say April to October and November to March.
They wouldn't see or handle the cargo, only move it. Ocean container
lines like Ever- green have been doing this for years. You buy a
container, a timed delivery, a timed collection from the port, and you
pay for it if you show up with cargo or not.º Forwarders, meanwhile,
could treat air- lines much like integrators already do, as mere
rented capacity in their own time-definite systems. ªIntegrators
supply cargo to air- lines in sealed containers and the airlines
transport them unopened,º says Hartnett. ªIntegrators treat the
airline as -something of an in- formation black-hole, but as the cargo
is containerised they can de- liver as late as 90 minutes before the
flight, and collect it 90 minutes afterwards, so that is manageable.
if forwarders can't get airlines to bar-code to piece-identification
level, they will have to do the same.º Of course in this scenario,
airlines will not be part of the value- added chain, and Hartnett
clearly sees it as in their interests to Choose the Cargo 2000 route
instead. ªThat way, they will continue to ac- cept loose cargo,
bar-code and provide information and so by defi- nition they will be
adding value and can expect a better price. If they do not, they will
continue to suffer declining yields.º Either way, he predicts that by
2004, the market will be entirely service driven.
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| International
Freight Forwarders Retain Global Prowess |
A recent study, Worldwide Shipping reports, has found that multi-
modal freight forwarders are as well positioned as at any time in the
last twenty years to gain significant growth in the global
transportation market.
In an analysis of worldwide provider
trends, the study concludes `that the freight forwarder, by leveraging
a favorable `variable-cost' structure, a broad range of mode and
service options and powerful web-based technologies, offer a
price-service combination unsurpassed by any competitor, including the
integrated carriers'. Over the more recent past, carriers and
integrators have captured a major share of international freight
growth. But that is changing. Today the international freight
forwarder is reclaiming his rightful market position and many are
actually gaining new market share.
The study highlights three overriding
factors:
- Cost: Forwarders are `variable cost'
operators because they do not own or operate fixed transportation
assets. As a result, they can react more nimbly to changing market
conditions.
- Service Options: Since reliance is
on multiple carriers, the forwarder has a wide range of service
options to work with. They can be more flexible than carriers and
integrators in service Frustrated truckers have been clogging
highways and blocking border crossings and - thankfully - have so
far avoided to do the same thing with port traffic. But with their
increasing frustration over ever higher operating costs and hefty
taxation, it will only be a matter of time until graver
consequences will have to be endured by the logistics community.
The flash point for these protests was the surge in diesel prices
that have risen to a record 0.75 Dollars a litre! Oil prices have
virtually trebled over what they were a year ago and higher demand
for heating oil has similarly pushed the pricing over the top, so
to speak.
Yet, the primary focus of the
truckers' anger is not OPEC or the oil companies but taxes! This
certainly welcome emphasis on overtaxation springs from fierce
competition in the road freight market.After all, we all know that
drayage costs for a container are today lower than they were 10
years ago! And the culprit for that was deregulation that
unleashed a slew of competitive truck operators. Operators bought
themselves shiny new rigs and waited for the dispatcher's call.
And suddenly there was a shippers' market. Shippers played off
carrier against carrier and carriers in turn played off options
and solutions to the market place.
- Technology: The carriers and
integrators have invested billions of dollars in proprietary
information systems for supply chain management. But the emergence
of Internet based technology now allows even smaller forwarders to
offer comparable value at a fraction of the cost.
Certainly, integrators and carriers
remain a formidable competitor. They are large and well financed
enterprises with very strong systems. They have mastered the art of
`mass customization', where customized logistics solutions are
delivered on a standardized scale to a mass market. Only the largest
multi-national freight forwarders can possibly emulate this.
So the need to compete globally leaves
many forwarders confronted with a difficult choice. To gain size and
scope, intra- regional forwarders may either want to merge with their
counterparts on other continents or alternatively forge strong
alliances and partnerships. But regardless of added size and scope,
the study concludes, intra-regional freight forwarders must maintain
their reliability and flexibility that made them unique in the first
place. Reliable, consistent and responsive service will remain the key
to maintaining market momentum.
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| The
Side Effects of Deregulation and Over taxation |
Frustrated truckers have been clogging highways and blocking border
crossings and -thankfully- have so far avoided to do the same thing
with port traffic. But with the increasing frustration over ever
higher operating costs and hefty taxation, it will only be a matter of
time until graver consequences will have to be endured by the
logistics community.
The flash point for these protests was
the surge in diesel prices that have risen to a record 0.75 Dollars a
litre! Oil prices have Virtually trebled over what they were a year
ago and higher demand for heating oil has similarly pushed the pricing
over the top, so to speak.
Yet, the primary focus of the truckers'
anger is not OPEC or the oil companies but taxes! This certainly
welcome emphasis on over taxation springs from fierce competition in
the road freight market. After all, we all know that drayage costs for
a container are today lower than they were 10 years ago! And the
culprit for that was deregulation that unleashed a slew of competitive
truck operators. Operators bought themselves shiny new rigs and waited
for the dispatcher's call. And suddenly there vas a shippers' market.
Shippers played off carrier against carrier and carriers in turn
played off owner-operators who had to keep their rigs running.
Now the relentless downward pressure on
trucking rates and rising costs provoked the point where the pip
squeaked. And it arrived late February! Clearly, this situation cannot
continue. Ultimately, shippers will have to cut carriers and truckers
some slack otherwise there will be a string of bankruptcies that in
turn will influence upward pressure on consumer prices. Indeed there
is work to do in Ottawa to assess the taxation levels presently in
place for road carriers. Truckers are business people too and like
those that sit on the hierarchy of demand above them, they can
recognize superfluous costs when they see them. Governments'
over-bloated size and inefficiencies, which is reflected in excessive
taxation, is to them the most obvious way to cut the fat while meeting
market demands.
Whilst these recent actions have caused
a degree of inconvenience, the truckers have merely followed the
successful example of other industries clamoring for the relief from
Government. The difference is that truckers are not asking for a
handout. They only ask the Government to stop putting them out of
business!
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| Cast
Confirms Commitment to Customers |
Cast is consolidating its NorthAmerican documentation functions in
Montreal in order to allow the regional offices to focus more closely
on sales, pricing and booking cargo. The move is part of the
award-winning carrier's recently implemented Valueplus customer
service programme which ensures customer needs and convenience are
given the priority they deserve.
ªCast is recognized as the carrier of
choice between North America and Europe because of the superior
added-value service we provide our customers,º says Peter Seminck,
Chief Executive Officer.
In order to continue fine-tuning our
Valueplus programme, we have consolidated certain aspects of our
business processes such as documentation and dispatch in Montreal. We
have a strong team there who will ensure we offer an even more
responsive, uniform and ISO quality assured service to our clients.
The regional offices in the US and
Canada will remain the principle point of client contact in the areas
of sales, pricing, booking and local quality assurance. They will now
be able to focus even more closely on these services,º Mr Seminck
continues. The transition will take place over the next few months and
customers will receive additional details as the implementation date
draws near.
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| Update
on U.S. COGSA |
With the strong leadership of our Seafreight Chair, Tony Young,
further actions have been taken by CIFFA to voice its concerns about
the pending legislation of U.S. Cogsa. A letter was dispatched to
Senator Hutchinson, the Chair of the Senate Sub-committee, expressing
our concern about the issue of extra-territoriality. The text of our
letter is reproduced below. We have also approached the Shipping
Federation of Canada whose President, Gilles Belanger, has just
expressed similar concerns to ours and requested further dialogue with
CIFFA for a joint action. With the recommendation of Prof. Bill
Tetley, McGill University Law professor and world-renowned maritime
law expert, CIFFA participated at the last CMLA (Canadian Marine Law
Association) Executive Meeting where it had a chance to present its
position on U.S. Cogsa. As a result, our Seafreight Chair, Tony Young,
now sits on its Carriage of Goods Sub-committee to voice the point of
view of freight forwarders, not only with U.S. Cogsa but also with
initiatives at the CMI (Comitee Maritime International) for a new
international multimodal convention.
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| The
Honorable Mrs. Kay Bailey Hutchison |
| January
20, 2000
The Honorable Mrs. Kay Bailey Hutchison
United States Senate
284 Russell Senate Office Building
Washington, DC 20510-4304
Dear Senator Hutchison:
We are the Canadian International
Freight Forwarders Association [CIFFA], representing 148 international
freight forwarding companies across Canada. Unlike in the United
States, in Canada freight forwarders act as both shipper's agent as
well as contracting carrier, in what is commonly known in the US as
NVOCC. We are writing to you as Chairwoman of the Subcommittee on
Surface Transportation and Merchant Marine in the matter of the
proposed new Carriage of Goods by Sea Act.
CIFFA has serious concerns with the
subcommittee's draft bill dated September 24, 1999, which we
understand is the result of consultation with a number of industry
groups. It is our understanding that the purpose of the new COGSA is
to replace the existing COGSA with a multimodal carriage law that
covers contracts of carriage between the United States and overseas
nations. Our concern is with Section 7(b) which states: ªCONTRACT TO
STATE APPLICATION OF ACTºÐ ªA contract of carriage issued under
subsection (a) covering a shipment of goods from a port of the United
States shall contain a statement that the contract is subject to the
provisions of thisAct.º Madam Chairwoman, millions of tons of cargo
originating from and destined to Canada are shipped annually through
US ports. A very good portion of this tonnage is controlled by members
of our association acting in the capacity of contracting carriers. We
are therefore a party quite concerned with the implications of the new
COGSA.
In spite of Sections 3(a) and 16 of the
proposed Act, Section 7(b) implies that regardless of where a shipment
originates from, the multimodal and other provisions of the Act will
apply. Furthermore, it calls for a compulsory inclusion of a statement
to this effect in any contract of carriage involving a shipment from a
US port. Surely, we do not believe US legislators intend to apply the
unique provisions of the proposed Act unilaterally and
extraterritorially to Canadian shipments.
Accordingly, we respectfully request
that the subcommittee either remove Section 7(b) from the draft bill
or modify it in such a way as to limit its application to shipments
originating from or destined to the United States only. We shall be
available at any time to meet with the Subcommittee to discuss this
issue of vital concern to the Canadian freight forwarding industry. We
thank you for taking the time to consider this letter and we look
forward to hearing from you.
Yours very truly,
CANADIAN INTERNATIONAL FREIGHT
FORWARDERS ASSOCIATION
William Gottlieb President
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| Is
Toronto a Port? |
We have all encountered L/C problems involving the ªPort of Torontoº.
Bills of Lading showing port of loading Toronto are regularly rejected
by banks based on the argument that Toronto is not a port. So why is
there a Toronto Harbour Master and a Toronto Port Authority then? The
problem stems from a misapplication of INCOTERMS to L/C's and a
misunderstanding of what a ªport of loadingº is. A result of this
recurring problem is that the shipper may not be able to get an L/C
amendment before the expiry date or the forwarder is tempted to ªfudgeº
his documentation, risking serious consequences.
Let's go to the root of the problem.
INCOTERMS were brought up to date in 2000 to deal with containerized
multimodal transportation. The new terms that were introduced are FCA
and CIP, which are more appropriate than FOB or CIF. FOB and CIF mean
putting the container on board the ship; FCA and CIP mean delivering
it past the gates of the carrier's (rail or truck) terminal or onto
his loading dock in the case of LCL cargo. Those are the precise
demarcation points at which ownership and risk change hands from
Seller to Buyer. Whether FCA (Freight Collect) or CIP (Freight
Prepaid), the Shipper wants the point of sale to take place as close
to his location as possible. Thus, if he is located in Mississauga, he
would want transfer of ownership to take place at Toronto and not at
the ship's loadport such as Halifax, Vancouver, Los Angeles or New
York.
The argument of whether Toronto is or
is not a port stems from the outdated L/C application forms at banks
around the world, which contain the phrase ªevidencing shipment
from........º that prompts L/C applicants to fill in ªPort of
Torontoº, or ªany Canadian Portº or ªany NorthAmerican Portº. Of
course, if Port of Torontoº is required to be shown on a Bill of
Lading, the Bank will insist that ªTorontoº be shown as the loadport
on the Bill of Lading in order to conform to documentary requirements.
Yet, the same Banker will reject a B/L showing ªTorontoº as loadport
where the L/C calls for a Canadian port, because from his window high
above Bay Street he must surely be able to see that there are no
container ships at the Pier in the middle of January, but is it his
job to go down to the busy harbour-front in mid-July when there could
be? It is a question of seasonal due diligence! The fact is yes,
Toronto is a port but no, not the port where the goods were loaded on
the ship.
With containerized multimodal
transport, it is important to know that ªPort of Loadingº and Port
of Dischargeº are irrelevant and they cause problems. What is
relevant are ªPlace of Receiptº and ªFinal Destinationº. L/C's
involving FCA, CIP or CPT terms of sale should not contain the phrase
ªevidencing shipment from a Canadian portº, or even North American
port, rather, they should say: ªevidencing Place of Receipt Toronto
to Final Destination ...º Loaded On Boardº notations are not
necessary under these circumstances unless the Buyer wants evidence of
the container loaded on board a rail car. The requirement of a
notation ªloaded on board shipº is an old habit from the FOB days
and it will only delay L/C negotiations until the shipping line
confirms that the container is actually on board the vessel,which by
then may be only few days before arrival. If ownership changes hands
when the Seller delivers the goods into the carrier's custody at an
inland terminal, why must he wait until the goods are on board a ship
in order to be paid? Even so, the Buyer's security is not any more
ironclad in knowing that the shipment is actually on board a ship than
in knowing the carrier received it in Toronto.
It is the freight forwarder's role to
educate Buyers and Sellers on the proper way to draft conditions of an
L/C. He should not hesitate to ask for amendments before handling a
shipment. At times forwarders and carriers are tempted to fudgeº
documents in order to conform to the L/C after the fact. Such
practices as ªback-datingº and substituting ports on a bill of
lading are dangerous practices, as they might constitute documentary
fraud and fundamental breach of contractº if for some reason the
documents or the shipment is rejected by the Buyer. Even in a simple
claim for loss or damage, cargo insurance lawyers in subrogation might
seek for the non-applicability of the maximum liability limitations
and legal time bar on the basis of ªfraudulentº documentation.
Your Seafreight Committee will be glad
to assist on L/C and INCOTERMs questions. Please address all inquiries
to CIFFA Executive Director, H. J. Kuhn, with confidence and
guaranteed confidentiality.
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| A
Fond Good Bye to Geaorge Rawbon |
It was at the end of last year that we received the news of George
Rawbon's retirement from his position as the Executive Vice President
& General Manager of The Federated Group. This prompted a
combination of great sadness and great joy with all of us at CIFFA.
For we were delighted for George, from
whom we knew was greatly looking forward to cater to a more leisurely
lifestyle and more time to peruse a multitude of other interests. We
all knew George as a man with a fascinating personality and a keen
interest in the deeper meaning of life.
But we all join together in a moment of
sadness to see George leave our industry and with it, his never-ending
support of our Association and pro-active participation of the
Associations' business at hand. George Rawbon was always there
whenever a volunteer was called upon. He was always helpful,
supportive and never tired to lend a hand. And he always excelled at
whatever he tackled. Whether as a simple member of the Association or
as a member of CIFFA's National Board of Directors, George was a man
to reckon with and count on.
So here then, dear George, we shall all
miss you, but at the same time rejoin in your happiness and wish you
all the best for many, many happy retirement years to come.
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| FIATA
The Pioneering Years - Part V |
FIATA has designed a series of articles about their history. We think
that it is of interest to all of us to recall the motive of creating
such a federation. CIFFA will be reproducing these articles as they
become available as published in their FIATA REVIEW.
PART V The History of FIATA
The FIATA Business year 1929
Following a lot of decisions which were
made during the General Assembly of FIATA , which took place in
Berne/Switzerland from 6-7 September 1928 it was the obligation in the
business year 1929 that the decisions made in 1928, which were judged
as being useful and of quite long-range nature, are implemented.
In general it has to be reported that a
that time FIATA held every year a meeting, in one year a so called
General Assembly whereas in the other year a meeting of the Board
only. In 1929 the Board meeting took place on 9 May 1929.
In this business year the British
Association of Shipping and Forwarding Agents was formed and admitted
as member of the federation. FIATA also gained at foothold in Eastern
Europe by admitting the RIGAER SPEDITEURENVEREINIGUNG and thus having
national associations in 16 countries.
The decision to introduce the general
conditions to be applied to traffic between freight forwarders were
discussed again. Despite the fact that a lot of subjects were of
common interest the discussion showed that the international
standardisation and introduction was faced with irreconcilable
obstacles. The freight forwarders are treated differently in the
national laws and regulations. In any case it was 7decided to
introduce the most important subject into a framework containing the
at least most important main points regarding the freight forwarding
industry. This framework can be used by those association which do not
dispose already of own general business conditions.
The Federation also decided to
elaborate a scheme to make a standardised listing of services rendered
by freight forwarders and thus try to reach rationalisation in the
freight forwarding industry by possible simplification of the
clearance between freight forwarders. This could happen best using all
over the same terms for the services of the freight forwarder, the
same arrangement/sequence to enable the employee involved in the
clearing of the expenses to recognise each single amount. A
Questionnaire shall be distributed to all national associations to
name the common denomination of their services. The federation expects
from the implementation of this work a considerable advantage for the
freight forwarding industry because the uncoordinated use of the
different terms for the same services makes the clearing between
freight forwarders more difficult. It was clearly pointed out that
this systems, self-understanding, is applicable between freight
forwarders only and not between the freight forwarders and its
clients.
According to a decision made by the
GeneralAssembly in 1928 a submission has been made in view of the very
strict consequences of the International Convention on the Transport
of goods by rail of October 23, 1924 which entered into force on
October 1, 1928. It was hopped that the intervention shows the
desirable success. It was also noted that this action is especially
remarkable because the federation for the first time has shown face in
the public and demonstrated that the freight forwarders are prepared
and willing to participate and to have a say in important questions
dealing with transport laws.
The questions of the creation of a
common insurance policy will be treated with by the Board of the
International Union of Transport Insurers in Berlin. The federation
stated its interest in the solution of this problems which will lead
to the fact that the conditions in each country are equal based on
this standard insurance policy.
In a resume it was declared that the
federation in the first three years of its existence under the
leadership of its President, Mr Paul LEHMANN, Copenhagen has proved
the necessity of existence. Through its previous actions in the
interest of the freight forwarders one can say that it is doing its
utmost to reach non-material and material advantages in the favour of
the industry and to elevate the moral standing.
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| Divisions
Successfully Host First Forwarders Choice Awards |
Central Division
The first annual 1999 Forwarders Choice
Awards were held on Wednesday, November 17, 1999 at the Hilton Toronto
Airport. There were approximately 340 guests who attended this
groundbreaking event. For the first time, air and ocean carriers were
recognized for the superior service and reliability that they
demonstrate throughout the year.
All of the regular members of CIFFA
Central Division (the Toronto gateway) were polled to determine
winners in two categories, air and ocean, for service between Toronto
and seven different regions. As well, a Carrier of the Year for each
category was chosen.
Companies who were honoured for
outstanding service and commitment are:
| Region
Caribbean
Middle East
Africa
Europe
S.W. Pacific
Latin America
Far East
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Ocean
Kent Line
ZIM
Maersk Canada
OOCL Canada
tie: Sealand and Fesco
CSAV
Hapag Lloyd
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Air
Air Canada
tie: British Airways & KLM
British Airways
KLM
Canadian Airlines
tie: Canadian Airlines & Lanchile
Cathay Pacific
|
Congratulations to the Carriers of the Year! OOCL Canada* Air Canada*
*See Carrier of the Year Appreciation
letters.
Eastern Division
The first annual 1999 Forwarders Choice
Awards for Eastern Division were held on Thursday, February 17, 2000.
There were approximately 395 guests who attended this premiere event.
Eastern Division members were asked to recognize air and ocean
carriers for their superior service and reliability demonstrated
throughout the previous year.
Companies who were honoured for
outstanding service and commitment are:
| Region
Caribbean
Middle East
Africa
Europe
S.W. Pacific
Latin America
Far East
Mediterranean
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Ocean
Kent Line
Maersk
CCAL
Canada Maritime
P+O Nedlloyd
MSC
Hapag Lloyd
Canada Maritime
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Air
Air Canada
KLM
Air France
Swiss Air
Canadian Airlines
American Airlines
Korean
KLM
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Congratulations to the Carriers of the Year! Canada Maritime Swiss Air
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| Welcome
to New Members |
The following applications have been approved for membership at the
last National Board of Director's meeting, and according to the
By-Laws, their names were circulated via email for review. We look
forward to their active participation in our Association.
REGULAR
Hartwick O'Shea & Cartwright Ltd.
(Toronto, Vancouver, Montreal)
3320 American Drive
Mississauga, ON L4V 1B3
Tel. 905-672-5100 Fax. 905-672-5107
J. Hartwick, President
S. Cartwright
K. Hartwick
Email: kyleh@hocltd.com
ASSOCIATE
Gezairi Group Cargo
Raouche - General De Gaulle St.
Salhab Bld. 6th Floor
P.O. Box 1326136
Beirut, Lebanon
Contact: N. B. Gezairi, General Manager
M. Gezairi/Ms. M. Sawaf
Tel. 011-9611-861014/5
Fax. 011-9611-862188
Email: GGC@cyberia.net.lb
www.cyberia.net.lb
Demers Insurance Adjusters Inc.
1284 Victoria St.
Greenfield Park, QC J4V 1L7
Tel. 450-671-8008/877-671-8008
Fax. 450-671-4774
M. M. Demers
Email: mmdemers@total.net
M. M. Ouimet
Shah-E-Karam Shipping Agencies
Al-Yusuf Chamber, 3/20, New Challi
Karachi, Pakistan 74000
Tel. 992-21-262-0146/8
Fax. 92-21-262-8017
Email: ashba@mail.inet.com.pk
G. Abbas, President
Mrs. G. Abbas, V.P.
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| Correspondence
from at Home and Around the World |
Agents
1. India
2. Pakistan
3. Shanghai, China
4. Navi Mumbai India
5. Chile
6. Bangladesh
7. Wanchai, Hong Kong
8. Hanoi, Vietnam
9. Lahore, Pakistan
10. Istanbul, Turkey
11. Karachi, Pakistan
12. Cairo, Egypt
13. Chittagong, Bangladesh
14. Peru
15. Shanghai, China
16. Shenzhen, China
17. Chittagong, Bangladesh
18. Australia
19. Chennai, Madras
20. Chennai, India
21. Chakala, Mumbai
22. Hamburg, Germany
Events
- Trans Kazakhstan 2000, June 14-16,
2000 Kazakhstan, Tel. 3272-446-551
- Hannover Messe, World Market in the
New Millennium, March 20-25, 2000 Hannover, Germany Tel.
416-690-0331/1800-727-4183
- Transportation Intermediaries
Association, The Magic of Transportation, March 9-11, 2000
Orlando, Florida, Tel. 703-329-1894
- Singapore Expo 2000, March 29-30,
2000 Singapore, Tel. (65) 732-1970 laynah@ibcasia.com.sg
- Air Cargo Conference & Product
Expo, Knoxville, TN, May 17-19, 2000 Tel. 321-783-0088, iaccair@bellsouth.net
Resumes
- Parisian looking for a 3 month
internship with forwarder beginning July 2000.
- Torontonian looking for position as
a global logistics programmer.
- Candidate in Niagara Region looking
for position withforwarder as sales representative.
- Torontonian looking for position
with forwarder.
- Mississaugan looking for position
with ocean forwarder.
- Pakistani looking for job with
forwarder in Canada.
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| Fuel
Surcharge Announcement |
In view of the substantial increases in fuel costs, Motor carriers
serving the Conference lines are applying Emergency Fuel Surcharges.
We wish to advise shippers and
receivers that the following fuel surcharges will apply effective
March 1st, on all Canadian Inland rates ( except those by rail ) ;
Nova Scotia - 6 % Surcharge New
Brunswick - 6 % Surcharge PEI - 6% Surcharge Quebec - 6% Surcharge
Ontario - 6% Surcharge
Newfoundland Truck delivery - 6 %
Surcharge Feeder Service - 5 % Surcharge Manitoba - 8.5 % Surcharge
(On Trucking portion of the rate) Saskatchewan - 5% Surcharge (On
Trucking portion of the rate) Alberta - 3 % Surcharge (On Trucking
portion of the rate) BC - Nil
These fuel surcharges are based on the
additional charges the member lines have and are being assessed by
their transportation suppliers. I am sure you are well aware of the
attention the excessive fuel cost problem has been receiving in North
America.
Further information may be obtained
from the Conference office or from the member lines. or our web site
at http://www.canconf.com/
Peter Raimondo, Chairman email:
praimondo@canconf.com
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| Notice
to Shippers and Consignees Rate Restoration Program |
The member lines of the Canada United Kingdom Freight Conference and
the Canadian Continental Eastbound Freight Conference, operating
services from Canadian Maritime, St-Lawrence River ports to the United
Kingdom, Northern Ireland, the Republic of Ireland, and to Continental
Europe wish to announce the following rate increases in their tariffs
with effect from April 1st , 2000.
Rates on general commodities will be
increased by US $120/$180 per 20ft/40ft container and rates on
Refrigerated cargoes will be increased by US$300 per 40ft container.
As mentioned in a previous
announcement, the member lines have during the past year suffered
significant revenue erosion in the eastbound trade and these increases
represent a step towards restoring revenues to previous levels. Tariff
Validity Validity on tariff rates and other conditions will be on a
tariff trading basis. For further information please contact the
conference office, one of the member lines, or our web site at http://www.canconf.com/
Peter Raimondo, Chairman
email: praimondo@canconf.com
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| 5th
Annual Transportation Bowl-a-Thon |
Help support funding for the Montreal Children's Hospital.
The Bowl-a-thon will be held on May 6,
2000 at the Rose Bowl Lanes, starting at 13:00 hours. For further
information contact Richard Masys at Tel. 514-696-2869
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| The
Missing Children's Network Canada |
Eastern Division received a letter of thanks for their donation to the
Missing Children's Network Canada during the Network's 1999 Annual
Radio-thon of Hope.
The Missing Children's Network Canada
is dedicated to the welfare and protection of all children.
To offer your support contact Pina
Arcamone at Tel. 514-843-4333.
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| Letters
from the winners |
December 30, 1999
William M. Gottlieb
President CIFFA,
P.O. Box 929,
Streetsville, Ontario
L5M 2C5
Dear Mr.Gottlieb,
Our entire staff was extremely pleased
to learn that Air Canada Cargo had been awarded the CIFFA Central
Division's ªAir Carrier of theYearº award.
It is truly a testament to the hard
working men and women of our cargo team who have continuously excelled
in the performance of their duties.
As we prepare to meet the challenges of
the new century, we will put forth our best efforts toward maintaining
the high standard that will win the respect and support of all our
customers.
It is with great pride that we display
the awarded plaque in our Customer Service office for our customers
and employees to view.
Yours truly,
Gerry Simpson
Manager, Cargo Marketing,
Sales Planning & Support
Air Canada
December 14th, 1999
Stephen P Valentine
President CIFFA, Central Division
c/o Cargo Alliance Ltd,
7560 Airport Road Units 1/2
Mississauga, Ont. L4T 4H4
Dear Steve,
All of us at OOCL were both extremely
delighted and proud to have been chosen as the ªOcean Carrier of the
Yearº for 1999 and also selected as the number One Ocean Carrier for
outstanding service between Toronto and Europe in 1999 by the regular
Members of CIFFA Central Division.
This was a real testament to the hard
work and dedication reflected by all my OOCL colleagues who are most
appreciative of receiving this highly valued and respected level of
recognition from our customers in the Freight Forwarding Industry,
At this time we would also like to
express our sincere congratulations to the Board of CIFFA for
introducing this innovative Annual Forwarders Choice Award, which has
established an industry Recognition Standard in the critical areas of
Carrier Service and Reliability.
While we are proud to be the first
Carrier to have received this award we can assure you that the word
"Complacency" does not exist in our corporate vocabulary
therefore we intend to strive even harder in the coming year to retain
this "hard won" recognition from our customers
Yours truly
David H. Watson
Vice President
OOCL (Canada) Inc.
191 The West Mall, Suite 900
Etobicoke. Ontario M90 5K8
Tel:(416) 6204040
Fax: (416) 6207632
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