the stc of the indonesian freight forwarders association presentation

SOCIALIZATION ON GAFEKSI/INFA'S STC : 

SOCIALIZATION ON GAFEKSI/INFA'S STC GAFEKSI/INFA Atlet Century Park Hotel, JAKARTA, 27 January 2010 By : Fx.Sugiyanto. Author of “HUKUM ASURANSI MARITIM” (Protection & Indemnity (P&I) Insurance) Maritime Law & Marine Insurance Consultant GAFEKSI/INFA’s Trainer on Liability Insurance

STC GAFEKSI/INFA1st JANUARY 2010 : 

STC GAFEKSI/INFA1st JANUARY 2010 The Scope : “The Indonesian Freight Forwarders, Logistics Service Providers & Custom Brokers ” (GAFEKSI/INFA ) 2010, based on the 4th National Deliberation of GAFEKSI/INFA on 2-3 March 2009; Some of the amendments in STC 2010 was the completion of the STC especially on the amount of the maximum liability of the MTO/LSP was in compliance with the General Meeting decision of the Execitives of GAFEKSI/INFA Head office on 20 Nov 2009.

Slide 3: 

The definition of Dangerous goods. Made simpler “There has one Chapter, however had been extended, concluded the goods dangered for other goods due to the shape, character, contaminatin to other, explosif etc.” Liability : “with local currecy Rp. 10,000.00/ kg, with maximum limitation of Rp. 50,000,000.00 per transaction “ which is the less.

FIATA’s DEFINITIONS ONSTC : 

FIATA’s DEFINITIONS ONSTC Ms Kay Pysden and Mr. Colin Beaumont (Honorary Member of FIATA), April, 2008 What National Standard Trading Conditions (STC): In most trading countries freight forwarders use Standard Trading Conditions (STC) as the basis of their contract with the customer. They are an essential authority to support the forwarder and clarify the role and responsibilities of the parties to the contract. .

Slide 5: 

They should be recognised by the Courts as fair and reasonable. Under no circumstances should forwarders set them aside. however tempting it might be to secure an apparently lucrative contract there are many fundamental defences STC must give a justice, minimum it has to give reasonable which has to be legalised from the relevant to enable to be enforced in Courts in the Country where the jurisdiction of the STC is chosen If, it has been legalised, in the Country and acknowledged by the Court, there should be no arguments where the members of the FF do not applied the STC in STC that are indispensable. This is not to say that they cannot be extended.

Slide 6: 

Negotiating and finalising contracts can be a lengthy process, so if the customer is anxious that the provision of services begin before the contract is finalised, should be ensured that the STC are in place, pending the coming into force of any extended contract that can always be back dated. As a Basic Agreement between the FF with his customers Important roles for the FF how to explain its roles to the parties concerned onthe responsibilities especially to whom interested in the agreement Escape Clause, If the FF think that National STC is too extensive or in contrary !!! The FF is allowd to lessen or to add its liability , but, it must be by an Agreement with his customers.

LEGAL FACTS : 

LEGAL FACTS That except for the Convention of air freight, which is Warsawa Convention, which was ratified in 1939, Indonesia has never ratified any International Conventions especially on Transportation. Sea freight, Land transportation and rail tarnsportation?? That article 506, in Book II Chapter V of the Indonesian Commercial Code (ICC) on Terms and Conditions on Transportation of goods is only regulated on Sea freight only and there we found STC mentioned as B/L No such regulations on Land transportation and railways !!

Slide 8: 

That 1st edition of STC’s GAFEKSI/INFA published in June 1986. was the 1st STC for FF/MTO which complied with FIATA standard wordings and liability, which is too heavy for the most of the members of GAFEKSI/INFA in general. That GAFEKSI/INFA have an agreement with National Insurance Jasa Indonesia covering Legal liability of its members, thence, whoever member used STC FIATA edtion 1986, member HB/L will be covered with the insurance and charged with minimum deposit US$. 500,00 per member, plus a premium for each B/L used of US$.0,25 per freight ton/CBM which is the higher

Konvensi-konvensi Internasional : 

Konvensi-konvensi Internasional

Comparison of the STC’s Neighboring Countries : 

Comparison of the STC’s Neighboring Countries Notes: The STC for the FF determined by the Federation/Association in each country Each county used their owned currency To prevent the the Natioanal interests/its member the Association applied a liability mostly less than of which determined by the FIATA and the International Conventions on Transportation.

KAPAN PENERAPAN LIABILITY STC UNTUK FF/MTO/LSP ?? : 

KAPAN PENERAPAN LIABILITY STC UNTUK FF/MTO/LSP ?? Untuk hilang/rusaknya barang dimana tidak dapat diketahui/dilokalisir dimana kerusakan terjadi Untuk hilang/rusaknya barang yang dapat dilokalisir/ diketahui, akan tetapi tidak ada aturan/perjanjian yang mengatur tentang tanggung jawab pengangkut aktual unimoda. Bilamana tidak ada Ketentuan bersifat Mandatory /Peraturan Nasional yang mengatur tentang liability Dokumen MTO diterbitkan oleh FF/MTO/LSP. Selaku penyedia Jasa Transportasi (Principal)

WHAT HAPPENED IF THE LOSS/DAMAGE OF THE GOODS COULD BE LOCALIZED : 

WHAT HAPPENED IF THE LOSS/DAMAGE OF THE GOODS COULD BE LOCALIZED The liability will be according to the Unimoda used/actual transporters. Basic of the liability is the International Conventions concerned Based on National Law/regulation which regulated on Unimoda concerned

LIABILITY INSURANCE : 

LIABILITY INSURANCE The INFA’s STC 2010 is currenly being managed to be legalised to the relevent Authorities. Please Consult Your liability Insurance, by showing your STC which you shall applied in your business The alternatif, is that collecgtively GAFEKSI/INFA negotiate with Insurance, for the interests of its members, so the premium could be bargained less and the termes/conditions better.

Main types of P&I claims : 

Main types of P&I claims

CONCLUSION : 

CONCLUSION Study thoroughly, and special for the liability, and tell to your customers that your liability as a carrier, FF/MTO/LSP limited to your STC. Suggest to your customers to cover their cargo to the cargo Marine cargo underwriters. Study thoroughly your sub contractor’s STC In case your sub contractor no STC applied, study their Country mandatory regulations on transportation, and please comply your agreement comply with their liability. Remember to always cover your business with FF Liability Insurance

Final Conclusions : 

Final Conclusions If there has been properly applied and correct STC used in your business, there should be understand the rights and duties of parties concerned, and expected that there shall no dispute, especially on Who shall be liable if there had unexpected happened in future appear in this business !!

THANK YOUFx.Sugiyanto : 

THANK YOUFx.Sugiyanto Email : sugiyanto.fx@cbn.net.id fx.sugiyanto@yahoo.com Mobile : + 62 816870719

Curriculum vitae : 

Curriculum vitae Name : Fx.Sugiyanto Email Address : sugiyanto.fx@cbn.net.id Telephone/fax : (021) 8463361 mobile: 0816870719 Education : Faculty of Law, Gajah Mada University, Yogyakarta, 1966-1973 Training Course : 1. MM from IIAP Paris, France. 1977-1978 2. Cambridge Institute/LONDON, 1991 Chartering and Practical Approach course 3. Job Training, at W.B.C. Oslo,Norway, in Chartering Business, 1991 Work Experience : 1. 1978-1981 – PT. Indrapura Insurance. 2. 1981-1994- PT. Pelayaran Samudera Trikora Lloyd 3. 1994-2008 – P&I Club Correspondents Currently : I. Instructur/Trainer for Gaveksi/INFA Institute, Certified by UNESCAP II.-Senior Partner at Lawfirm Tekky Toreh & Partners. III. Author of book published by Salemba Humanika Publisher “HUKUM ASURANSI MARITIM” (Protection & Indemnity Insurance)