The US authorities seem reluctant to give a definition of “carrier” to cover time charterers other than “the entity that controls the conveyance”.

One enquiry put to the authorities was whether the time charterers in a specific instance who under the charter party terms booked all of the cargo, instructed the Master to load and carry the cargo and set the ship’s schedule could be considered the “carrier” within the meaning of AMS. The reply was “in your case where you are not operating the vessel, dictating the ports of call or have the cargo information you are not the carrier or person responsibile for obtaining a SCAC, bond and transmitting in AMS”. However until the situation becomes more certain we recommend that you obtain specific confirmation in writing from the USA authorities that in your own circumstances it is the charterers who are the “carriers” without which you should consider yourselves as “carrier”.

Penalties under AMS:

The US Customs and Border Protection (CBP) have now verbally confirmed that for container vessels not now compliant (effective March 4th 2004) and for break bulk/bulk vessels not compliant after April 2, 2004, namely after the “30 days informed compliance”, the following penalties will be imposed:

1st offence – the vessel will not be permitted to discharge until approval is granted by the local CBP office, which means the vessel may have to wait several days.

2nd offence a fine will be issued at each US port of discharge.

3rd offence the vessel will not be permitted to discharge in the USA.

Reporting vessel’s departure in AMS:

The date and time of departure from each foreign port of loading is to be declared 24 hours after departure where the arrival is more than 24 hours and at the time of sailing where the arrival is within 24 hours of departure. Transmitting this information is to be started 60 days from March 4th 2004.

---

Member Alert is published by The Swedish Club as a service to members. While the information is believed correct, the Club cannot assume responsibility for completeness or accuracy.