5 Iata Eacp Program

Effective 1 October 2005

European Air Cargo Programme(EACP) Handbook

Edition3rd

3rd Edition

European Air Cargo Programme(EACP) Handbook

Effective 1 October 2005

International Air Transport AssociationMontreal — Geneva

European Air Cargo Programme (EACP) HandbookRef. No: 9221-03ISBN 92-9195-625-2© 2005 International Air Transport Association. All rights reserved.Montreal — Geneva

NOTICEDISCLAIMER. The information contained in thispublication is subject to constant review in the lightof changing government requirements and regula-tions. No subscriber or other reader should act onthe basis of any such information without referringto applicable laws and regulations and/or withouttaking appropriate professional advice. Althoughevery effort has been made to ensure accuracy, theInternational Air Transport Association shall not beheld responsible for any loss or damage caused byerrors, omissions, misprints or misinterpretation ofthe contents hereof. Furthermore, the InternationalAir Transport Association expressly disclaims anyand all liability to any person or entity, whether a pur-chaser of this publication or not, in respect of any-thing done or omitted, and the consequences ofanything done or omitted, by any such person orentity in reliance on the contents of this publication.

© International Air Transport Association. All RightsReserved. No part of this publication may be repro-duced, recast, reformatted or transmitted in any formby any means, electronic or mechanical, includingphotocopying, recording or any information storageand retrieval system, without the prior written permission from:

Senior Vice PresidentMarketing and Commercial Services

International Air Transport Association800 Place Victoria

P.O. Box 113Montreal, Quebec

CANADA H4Z 1M1

c

TABLE OF CONTENTS

Page

Foreword .................................................................................................................................................................... v

Simplifying the Business .................................................................................................................................... vi

How the European Air Cargo Programme Works ............................................................................................. 1

Key Features of this New Programme .............................................................................................................. 1

How to Apply for Registration as an IATA Cargo Intermediary ........................................................................ 2

IATA Numeric Code ........................................................................................................................................... 2

What to do when Changes in Your Company Require IATA Approval ............................................................ 3

IATA/FIATA International Cargo Agents Training Programme ......................................................................... 3

Use of IATA Logo .............................................................................................................................................. 5

Certificate of Registration .................................................................................................................................. 6

Section 1Criteria for Registration and Retention .............................................................................................................. 9

Section 2Air Cargo Security ............................................................................................................................................. 15

Air Waybill Specifications and Completion ........................................................................................................ 16

Acceptance of Dangerous Goods, Live Animals and Perishable Goods ......................................................... 16

IATA Dangerous Goods Regulations ................................................................................................................ 17

IATA Live Animals Regulations ......................................................................................................................... 26

IATA Perishable Cargo Manual ......................................................................................................................... 27

Infectious Substances Shipping Guidelines ...................................................................................................... 27

The Cargo Accounts Settlement Systems — CASSlink ................................................................................... 28

Air Cargo Claims Procedures ............................................................................................................................ 30

Valuation Charges ............................................................................................................................................. 30

Chargeable Weight ............................................................................................................................................ 31

Volume Weight .................................................................................................................................................. 31

New Air Waybill Completion Process ................................................................................................................ 32

Calculation of Weight Charges .......................................................................................................................... 32

Charges Collect ................................................................................................................................................. 33

Unit Load Device (ULD) .................................................................................................................................... 33

Cargo Interchange Message Procedures (Cargo-IMP) ..................................................................................... 34

Air Cargo Automation ........................................................................................................................................ 34

Conventions/Protocols ....................................................................................................................................... 35

IATA Membership List ....................................................................................................................................... 61

Statement of General Concurrence ................................................................................................................... 73

IATA Member Airlines Appointing by General Concurrence ............................................................................. 74

FIATA National Associations — Europe ........................................................................................................... 77

Section 3CSC Resolution Number

600 The Consignment ................................................................................................................................ 83

600a Air Waybill ........................................................................................................................................... 84

600b(II) Air Waybill — Conditions of Contract ................................................................................................. 107

c European Air Cargo Programme (EACP) Handbook

Page

606 Bar Coded Label ................................................................................................................................. 112

606a Non-Bar Coded Label ......................................................................................................................... 120

607 Standards for Labels and Tags for Special Shipments ...................................................................... 122

612 Shipper’s Request for Changes to Air Waybill and Shipment Record Amounts ................................ 124

614 Procedures for Disbursements ............................................................................................................ 125

618 IATA Dangerous Goods Regulations .................................................................................................. 125

620 IATA Live Animals Regulations ........................................................................................................... 126

CSC Recommended Practice Number

1600t Use of Bar Codes and Bar Code Equipment in Cargo Applications .................................................. 126

CAC Resolution Number

801c IATA/FIATA Consultative Council ....................................................................................................... 127

801re Reporting and Remittance Procedures (ECAA) ................................................................................. 128801re Attachment ‘A’ — Cargo Sales Invoice/Adjustment Form .................................................................. 130801re Attachment ‘B’ — Cargo Sales Invoice/Adjustment Form (EU Countries Only) ................................ 131

801rr Reporting and Remittance Procedures — Transitional Arrangements for Settlement ....................... 132

805ee Dual Numbering of Resolutions .......................................................................................................... 132

805zz European Air Cargo Programme Rules .............................................................................................. 133805zz Attachment ‘A’ — Cargo Intermediary Agreement ............................................................................. 135

821 IATA Cargo Office Numeric Code ....................................................................................................... 156

823 Definitions of Terms Used in Cargo Agency Resolutions .................................................................. 157

831 Consequences of Violation of Air Waybill Completion Procedures .................................................... 160

833 Ready for Carriage Consignments ...................................................................................................... 161

833a Security Measures for Intended Consolidated Consignments ............................................................ 162

851 Cargo Accounts Settlement System ................................................................................................... 162

851f Agents Liaison Working Groups ......................................................................................................... 178

853 Cargo Accounts Settlement System — Charges Collectable at Destination ..................................... 179

881 Reduced Fares for Cargo Agents ....................................................................................................... 193

883 Reduced Fare Transportation for Candidates Attending Certain Approved IATA Cargo TrainingCourses or Examinations .................................................................................................................. 200

Glossary of Commonly Used Air Traffic Terms ........................................................................................... 201

Alphabetical Index ........................................................................................................................................... 205

IATA Publications of Particular Interest to Cargo Agents .......................................................................... 207

c

FOREWORDJ

Welcome to the 3rd edition of the European Air Cargo Programme’s Operations Handbook, whichreplaces the Cargo Agent’s Handbook.

This Handbook is the essential reference to the professional handling and processing of air cargo“ready for carriage”.

The European Air Cargo Programme (EACP) was established in recognition of the changing needsand circumstances in the European Common Aviation Area (ECAA).

The EACP recognises the modern role of the Freight Forwarder, where he acts as a true customerof the airline. The traditional role as “Agent” and the forwarder role are now combined under ageneric description of “Intermediary”. In today’s environment, Intermediaries and airlines display theirprofessionalism by working together to provide a seamless distribution service, enabling shippers tomove cargo freely from and within the European area.

The Programme is directed jointly by representatives of IATA Member Airlines and representativesof Intermediaries, who together constitute the European Air Cargo Programme Joint Council (“theJoint Council”). Members of the Council also include the IATA Head of Cargo, the Chairman FIATAAirfreight Institute and the Director General of CLECAT, or their designated representative(s).

This Handbook is divided into three sections:

Section 1 details the criteria, which have been established for the registration and retention ofIntermediaries;

Section 2 gives a quick-reference guide to some day-to-day operational and practical aspects facedby Intermediaries;

Section 3 lists all the resolutions relevant to today’s cargo industry.

The following symbols appearing in the margin against an item are used as reference marks forchanges, including those to Resolutions, from the previous edition of the Handbook

Symbol MeaningY New item

J Change to an existing item

⊗ Cancellation of an earlier item

changes adopted at CSC/19



Some of the Resolutions contained in this Handbook have not been declared effective at thetime of issue and therefore appear in grey shaded background. Once these Resolutions havebeen declared effective you will be advised.The management and operational staff of every IATA Intermediary in the Programme should ensurethat they are familiar with the regulatory contents of the Handbook. A free copy is sent to the headoffice of each Registered IATA Intermediary and additional copies are available upon request.

For those seeking wider or deeper knowledge of the air cargo industry’s practices, the list of specialisedIATA publications set out on the inside back cover may be useful. These are available from IATA.

We hope that you will find the handbook interesting and useful. If you would like to share with us yourobservations on its content, we shall be pleased to hear from you.

Please contact us at: [email protected].

v


SIMPLIFYING THE BUSINESSY

As part of its five-pronged Simplifying the Business initiative, IATA’s Board of Governors mandated a Global Cargo PaperlessEnvironment project designed to remove all the paper for all stakeholders from air cargo transportation by 2010, with a “fast-track” programme to accommodate those parties that are able to free their supply chain processes from paper by 2007.This project is now called IATA e-freight.

The project has the full support of the industry:

The case for IATA e-freight is clear as the industry moves to simplify its complex processes to reduce costs, and gain afurther competitive edge over other modes of transportation by reducing the time needed to move cargo to its destination.

Air cargo processes are complex and involve many participants.

A major cause of complexity is that air cargo process’ are highly paper dependent. An average cargo shipment travels withan average 38 documents at a cost of US$30. Over the course of the year, the industry ships the equivalent of 39 747-400s of paper. While electronic records for a paper air waybill have been accepted as a legal substitution since 1988(Montreal Protocol No 4), only 15% of today’s AWBs are electronic.

Further complexity comes with more then 15 000 stakeholders including:

d 265 carriers;

d 200 national customs bodies;

d More then 10 000 freight forwarders;

d At least 20 large industry bodies.

IATA research conducted in 1972 showed that the average end-to-end transport time for a consignment was 6.5 days(excluding flight time). Nearly a quarter of a century later, based on a Unisys commissioned study that analysed 2,000international shipments, transport time remains at about 6 days — one day to ship and 5 days to process the paper.

Business Vision

d Eliminate the need to produce & transport paper documents for air cargo shipments by moving to an industry-wide,simpler electronic, paper-free environment.

Objectives

d Early adopter implementation by the end of 2007, enabling electronic handling of all typical documents for general cargoat the 20 largest Gateways (based on global volume).

d Full global implementation by the end of 2010 to reach up to 95% of total global air cargo volume, for all air cargo.

d Multi-model in cargo including Maritime, Rail and Road to have one standard process at piece level, beyond 2010.

Expected Benefits

d Improve process efficiencies from reduced manual errors in creating and manually reconciling documents.

d Faster and more accurate information flow.

d Reduction in delivery time for air freight.

d Reduced levels of inventory held in the supply chain.

d Greater customer satisfaction.

vi

c Simplifying the Business

d Reduced cost of paper “processing”.

d Common data and communication standards will simplify the cargo industry.

d Better cash flow and reduced working capital.

Industry Change

IATA e-freight is a business change programme that IATA will facilitate by enabling:

d Process simplification;

d Industry e-freight standards;

d Legal regulatory standards to be addressed.

vii


viii

c

HOW THE EUROPEAN AIR CARGO KEY FEATURES OF THIS NEWPROGRAMMEPROGRAMME WORKS

d Recognition of the dual Agent/Forwarder roleAny organisation whose name appears on the EuropeanAir Cargo Programme Intermediary List has gone through d Promotes professional standards and common industrya careful system of vetting and monitoring in order that operating proceduresAirlines and shippers may all have access to industry-

d Jointly managed by Airline and Forwarderaccredited, professional Intermediaries.representatives

The Joint Council is responsible for developing, managingd Removal of the antiquated “Monies - in -Trust” provisionsand marketing the EACP. It will determine objective criteria

for the registration of Intermediaries in the European area. d Removal of the need for many of today’s onerous bankChanges to relevant Procedure Conference Resolutions will guarantees & bondsrequire the support of the Joint Council before being imple-

d Removal of the need for individual airline creditmented in the region covered by the Programme.monitoring

d The introduction of ICICS (IATA Cargo Industry CreditScheme)

d CASS to be the central settlement and credit monitoringsystem.

The Programme is contained essentially in a series ofResolutions, reproduced in this handbook, which have beenadopted by IATA’s Cargo Agency Conference (CAConf) andrevised in the light of operating experience.

The Resolutions of CAConf require the unanimous vote ofthe Conference to secure adoption; thereafter, the adoptedResolutions are filed with the relevant government authorit-ies for scrutiny and approval, after which they can bedeclared effective.

The EACP Joint Council has authority to deal with any issuesrelated to the EACP.

Any IATA Intermediary who encounters difficulty in interpret-ing or applying the regulations set out in this publication hasa choice of possible sources of guidance:

— a Member Airline of IATA, preferably the national carrierof the country where the Intermediary is situated;

— the Intermediary’s national trade association, CLECATand/or FIATA;

— the local IATA CASS office, or via [email protected]

The EACP will appoint an Ombudsman to act as an inde-pendent and neutral invigilator in matters of dispute arisingfrom the application of the programme rules.

Experience has shown that most difficulties may be readilyresolved through the above channels; however, where theproblem encountered raises an important point of principle,the European Air Cargo Programme Joint Council’s consult-ative facilities are equipped to analyse and developsolutions.

1


HOW TO APPLY FOR IATA NUMERIC CODEREGISTRATION AS AN IATA

When your application is accepted and you become accred-CARGO INTERMEDIARY ited, the ECAP programme administrator will assign you a

numeric code. Additional codes, for use by your fully-ownedAny person or organization wishing to seek registration as and fully-controlled branch offices where Air Waybills arean IATA Cargo Intermediary may do so by submitting an executed, will be assigned in accordance with Cargo Agencyapplication in the form of written answers to a questionnaire, Conference policy.a specimen copy of which is showing or see Section 3 —

The allocated code remains the property of IATA at all times.Resolution 805zz, Attachment ‘B’, Appendix 2.As an Intermediary, you must not share, lend, lease, sell or

The qualifications required for the registration of an Interme- otherwise transfer the code to any other person. If you faildiary are described in detail in the Rules contained else- to respect these conditions, the code may be withdrawnwhere in the Handbook. The essential requirements are: and your accreditation reviewed.— qualified and duly trained staff, particularly with regard The Administrator shall withdraw the code(s) should the

to the handling of Dangerous Goods; IATA accreditation be discontinued, suspended or cancelledfor any reason, whether by you or by IATA.— sound financial standing; and

— minimum levels of professionalism in cargo operationsand business trading.

For further details and to obtain an application form, pleasecontact your local or regional IATA office or visitwww.iata.org/cargo.

2

c

WHAT TO DO WHEN CHANGES IN IATA/FIATA INTERNATIONALCARGO AGENTS TRAININGYOUR COMPANY REQUIRE IATA

APPROVAL PROGRAMME

Please remember that, under the terms of the Rules, you The IATA/FIATA International Cargo Agents Trainingmust notify IATA of any proposed change in the ownership, Programme, designed and monitored by training specialistslegal status, and/or name or address of your company. from several major international airlines and freightCertain changes may affect your trading status and there- forwarders, provides cargo agents with the necessary train-fore they may be subject to formalities contained in the ing to improve their competitive edge in an ever-expandingprovisions of the Rules. and increasingly demanding market.

The IATA/FIATA courses are based on a self-teach, inde-CHANGES OF OWNERSHIP AND/ORpendent study method and are available worldwide.LEGAL STATUS Students may also choose to take classroom courses at

Remember too that you must not assign any of your rights 40 IATA/FIATA Authorised Training Centres around theor obligations under your Intermediary Agreement without world. Diploma examinations are held twice-yearly — inthe consent of Members. Therefore, if a change of owner- April and October (extra session in June for Dangerousship and/or legal status is proposed, notice of such change Goods Regulations). An official diploma is awarded tomust be given to IATA at least 30 days prior to its effective students who successfully complete any of the courses.date.

J THE IATA/FIATA INTRODUCTORY COURSE, available inCHANGES OF NAME AND/OR English, reflects the most up-to-date industry developments

and is designed to prepare cargo agents for the adoptionADDRESSof the electronic Air Waybill following ratification of theSimilarly, if you wish to change your name or address, youMontreal Protocol. It is a must for all traffic and operationsmust give timely notice to the Agency Administrator so thatstaff who have attended a comprehensive course in airan application for approval of the change may be properlycargo operations or who need to refresh their knowledgeprocessed and all Members informed.of current air cargo handling and rating procedures. This

If you fail to notify changes your accreditation may be course covers the following subjects:reviewed. It is therefore in your own interests to observe

— Industry regulations: ICAO, IATA, FIATAthese requirements.— The air cargo agency: the IATA cargo agent – the

consolidator

— World geography: IATA 3-letter codes – time differ-ences – calculation of transportation times

— Use of guides: such as the OAG Air Cargo Guide

— Aircraft types

— Handling facilities

— Air cargo acceptance

— Cargo booking procedures

— Air cargo rates and charges, application of TACT

— The Air Waybill

Persons holding the IATA/FIATA Introductory Diplomaare considered qualified under the terms of the CargoAgency Conference Resolutions.

THE IATA/FIATA CARGO RATING COURSE is open tostudents who have successfully completed the IATA/FIATAIntroductory Course, equivalent courses, or who have suffi-cient practical experience.

This course, available in English only, teaches students howto deal confidently with complex rating situations and isdivided into the following units:

— Review of basic cargo rating principles

— Currency regulations

— Construction rates (add-on amounts)

— Combination of rates and charges

3


— Mixed consignments wish to improve their command of the English language.Upon course completion, students will have gained a better— Unit Load Devices (ULDs)understanding of cargo manuals, such as TACT and OAG,

J THE IATA/FIATA DANGEROUS GOODS REGULATIONS be able to discuss shipments and their transport, usingINITIAL COURSE is annually updated to meet the require- correct terms, complete English documents accurately, andments of the latest edition of the IATA Dangerous Goods convey information precisely to English-speakingRegulations Manual. This course is intended for students customers.who have successfully completed the IATA/FIATA Introduct-

Major topics include:ory Course, equivalent Courses or who have sufficient prac-tical experience. Persons holding the DGR Diploma — Basic cargo terminology and international phoneticobtained within the previous 2 years are considered alphabetqualified to process shipments of dangerous goods

— People involved in the transit chainunder the terms of the Cargo Agency ConferenceResolutions. — Commodities

Topics include: — TACT and OAG manuals— Contents of the IATA Dangerous Goods Regulations — Deregulation in air traffic and the hub-and-spoke

system— Dangerous goods classes and divisions— Documentation— Identification— Liability and insurance— Packing requirements

— Marking and labelling — Cargo IMP, UN/EDIFACT and the growing impact ofcomputer technology— Documentation (air waybill, Shipper’s declaration)

An audio compact disk is included in the course material,— Radioactive materialsenabling students to learn the meaning, current usage and

— State and operator variations pronunciation of cargo terminology in the context of realindustry situations.— Checking procedures

— Excepted quantities J For further information, please consult the Web site at:www.iata.org/ps/training, or contact:J THE IATA/FIATA DANGEROUS GOODS REGULATIONS

RECURRENT COURSE is intended for persons who have IATA International Air Transport Associationalready completed the IATA/FIATA Dangerous Goods Aviation Training and Development Institute — CargoRegulations Basic Course or an equivalent dangerous 800 Place Victoria, P.O. Box 113goods course and who must regularly update their know- Montreal, Quebec H4Z 1M1ledge in order to remain qualified under the terms of the Telephone: +1 (514) 390 6777applicable IATA Resolution. Fax: +1 (514) 874 0412

E-mail: [email protected] IATA/FIATA CARGO ENGLISH COURSE is intendedfor airline staff, cargo agents and shippers or packers who

4

c

USE OF IATA LOGOAn IATA Registered Cargo Intermediary may use the logoon its letterhead and publicity materials exactly as illustratedhere. No other form of IATA logo is authorised for Agent/Intermediary use.

The use of the logo is permitted only in connection withactivities of an IATA Cargo Agent/Intermediary in the countryof registration.

Instructions for printers, artists and engravers are coordin-ated through the IATA Montreal office. Please address yourrequest to the respective IATA Accreditation Manager inGeneva, Miami or Singapore.

SAME EXPERTISE, NEW ATTITUDEYIATA has a new look. We are still the air transport industryexperts, however, the industry has changed and so hasIATA.

When our new Director General Giovanni Bisignani arrived,the industry was in crisis with issues like privatisation,increased competition and the aftermath of 9/11. Many newchallenges loomed on the horizon such as escalating fuelcosts and SARS.

To surmount these challenges, the industry needed leader-ship from IATA. With a vision for a profitable industry, ourobjective was to diligently strive for change not only withinthe industry but also within IATA.

Our new look, or branding, lets the world “see” that IATAhas changed to a bold new spirit. The IATA Dynamic Skycaptures the speed, passion and commitment of IATA.

For customers, brands represent quality, authenticity, guar-anteed consistency and confidence in the buying process.To reflect that our expertise has remained the same, weretained our logo.

We added the dynamic sky, and a new logo colour to reflectour new attitude of boldness and speed.

One brand, one IATA. Although we are the industry leader,we still want to improve our leadership, innovation, andservice. Brand recognition is the place to start.

As the collective voice of the world’s airlines, we supportand represent the air transport industry by providing leader-ship and designing product and services for industrysuccess. Our goals are to be trusted and internationallyrecognised for our leading edge knowledge, as well as ourlightning fast service and innovative initiatives.

We hope you like our new look. Look for it on our web site,in our brochures.

ACCREDITED INTERMEDIARY

5


be approx. 29 x 21cm on high-quality paper with a goldenCERTIFICATE OF REGISTRATIONtrim. If you would like to place an order for the IATA Certific-ate of Registration please send an e-mail to agencyser-A Certificate is available to confirm the status of [email protected] or request a form from the IATA office incompany as an IATA Registered Cargo Intermediary. A

model of the certificate is shown below. The actual size will Geneva. The price per Certificate is CHF 20.

6

SECTION 1

7

8

c

A financial assessment of the Intermediary’s current certifiedCRITERIA FOR REGISTRATIONaccounts will determine that amount. The sum involvedAND RETENTION could cover either the total sales of the Intermediary orany part of its average sales, which is regularly above theassessed credit limit.INAUGURATION OF THE EUROPEAN

AIR CARGO PROGRAMME Similarly, in the following circumstances, an Intermediarywill be required to provide a financial security until such timeEligible to join the Programme:as it is able to demonstrate a satisfactory financial and

d Any existing IATA Cargo Agent, subject to signing the credit standing, in accordance with the above, based on annew EACP Cargo Intermediary Agreement; assessment of accounts reflecting its current situation:

d Any current CASS Associate, provided that it has parti- (a) a new company applying to be an IATA Intermediary,cipated in CASS with a satisfactory settlement record, with less than two years trading, as evidenced by full certifiedwithout significant irregularity, for 2 years; annual financial statements;

d All carriers that issue air waybills in any of the countries (b) an Intermediary incurring three notices of irregularityparticipating in the Programme.for late-payment(s) within a 12 month period;

(c) an Intermediary which undergoes a change of owner-APPLICATIONS FROM NEWship, which either:INTERMEDIARIES

i) requires a new Cargo Intermediary Agreement; orNew applicants must meet the requirements of Sections1 & 2 below ii) is a majority change of shareholding, which results in

a change of control of the company.(1) FINANCIAL STANDING

Exceeding the Established Credit Limit:Applicants shall submit financial statements, which shallconsist of a current certified Profit and Loss Statement, and CASS will undertake continuous monitoring of an Intermedi-Balance Sheet, independently produced and prepared in ary’s settlement level. An Intermediary which exceeds itsaccordance with local accounting practices.

established monthly credit limit by up to 15% in threeconsecutive months will be subject to a financial reassess-Applicants should indicate the level of credit required in

each CASS in which it proposes to participate. ment. Any intermediary which exceeds its limit by more than15% in any given month will be subject to review. Havingso exceeded its established credit limit, the IntermediaryCargo Industry Credit Scheme (CICS)will also be required to settle within three days of receipt of

All IATA Intermediaries participating in the European Air the CASS billing, any amount in excess of the guaranteeCargo Programme will participate in the Cargo Industry level or credit limit established. Failure to settle the excessCredit Scheme. This scheme will permit each individual amount would be grounds for possible suspension fromIntermediary to be assigned an amount of industry credit CASS as well as initiating a financial review.limit. This limit, which will be in relation to that individualintemediary’s trading level, will be assessed and established

Credit Assessmentsas follows.

Credit assessments will be carried out by IATA, applyingthe following criteria:Assessment of Credit

i) a minimum paid-up share capital — for limited compan-a) For Existing CASS Participantsies in accordance with national law, or an equivalent amount

A credit limit based upon the highest monthly value during in the capital account for unincorporated firms, e.g. partner-the last 2 years of CASS settlement, with a minimum industry ships/sole traders, will be required;credit of Euro 8,000 (or equivalent) per month, providedthere has been no significant irregularity in respect of ii) solvency — defined as the excess of total tangiblepayment, during the previous 2 years. assets over total liabilities (intangible assets, such as good-

will, will be excluded);b) For New Applicantsif a balance sheet reveals a potentially insolvent position,A minimum industry credit of Euro 3,000 per month (or(as defined in local accounting practices), correctiveequivalent)action must be taken within seven days (e.g. by cash

Intermediaries requiring a higher credit level who are unable injection in the form of share capital or a subordinatedto demonstrate a satisfactory financial standing, credit loan). Such corrective action shall be in addition to theworthiness and/or payment record in CASS will be required provision or retention of a guarantee;to provide a financial security, such as a bank guarantee.

iii) financial instability — in the case of any underlyingAny such security required will be for an amount to coverweakness in the financial stability of a company, allthe trading of the Intermediary above its assessed credit

risk limit. requested corrective action must be finalised within 60 days.

9


However, where a group structure exists, the facilities of that ad hoc shipment(s). That acceptance shall be givenby the carrier in writing to the Intermediary, with a copy tomade available by other companies in that group (includ-

ing strength and stability of the parent company), may the CASS Management. Where three such applications aremade in a calendar year, the Intermediary’s credit limit shallbe taken into consideration in the assessment;be reassessed.iv) profitability — trading profit (i.e. on ordinary activities)

before taxation. However, a loss in a particular year mayDisputesbe treated as an exception where a consistent record of

profitability can be demonstrated and the loss is unlikely to Individual disputes over credit limits or the application of therecur. agreed procedures will, in the first instance, be resolved by

discussions between the Intermediary and IATA (repres-The above accounting criteria will be the principal tests usedented by its financial assessor). If the dispute cannot be soin any assessment and will be applied to the latest, fullresolved, the parties may agree to consult with the nationalcertified financial accounts of the entity. Other sources offreight forwarders’ association or other industry body. Ifinformation may be used in order to obtain more completeagreement cannot be reached by these means, representa-assessment or to provide additional details regarding thetion may be made to the EACP Ombudsman.company, to the benefit of all parties, such as:

a) Total payment(2) OPERATIONAL COMPETENCESrecord;AND QUALITY STANDARDS

b) Bank position: highest debit and credit; agreedAn Intermediary must demonstrate at all places where itoverdraft limit; total facilities avail-makes air cargo ready for carriage, that:able; security held by bank;i) it is able to meet all industry and mandatory regulatoryc) Credit Rating: gearing/debt to equity ratio/inter-standards in connection with air freight forwarding andest payment ability;operations in respect of accepting, storing, handling and

d) Company search: this provides useful background preparing consignments.information to help to establish an

This can be shown by the employment of at least two full-overall credit limit;time competent persons who have either more than 2 yearse) Trading record & this would apply to the company experience in providing air cargo services as detailed above,commercial and, where appropriate, its or who have undergone basic air cargo training (IATA/FIATAstanding: owners/shareholders and or or member airline or other course acceptable to the EACPdirectors; Joint Council);

The latest accounts and a current company search will ii) it has at least two competent staff holding a valid certific-normally enable the trading record and commercial standing ate issued within the previous two years, of successfulto be evaluated. Where this information reveals any matters completion of a recognized training course in respect ofof significant concern, particularly related to owners, share- Dangerous Goods Handling, to ensure a presence of aholders, and/or directors (e.g. previous involvement with a qualified person at all times and at all places where ship-defaulting agent) a further investigation will be necessary; ments are processed and prepared ready for carriage byf) Total sales air; (Recognized training courses are the IATA/FIATA, or

member airline, or course of formal instruction offered by aIn marginal cases, e.g. where the accounts are acceptabletraining establishment which has been appraised andbut there is an underlying weakness in the general financialendorsed by the IATA Dangerous Goods Board or appropri-position, or where a company search suggests cause forate national authority);concern over the latest year’s results, vis-a-vis previous

years, some form of additional security may be required. iii) it has adequate equipment and facilities, which meetsecurity requirements and any other industry or nationalFor each Intermediary assessed, the CASS Managementlegislative or quality standards in respect of air cargowill, where possible, provide information relating to theshipments.preceding three years of the Intermediary’s:

aa) payment details; (3) OTHER REQUIREMENTSbb) instances of irregularity, if any;

All Intermediaries owners or management may be requiredcc) average and maximum credit extended and settled. to declare any previous declaration of default, bankruptcy

proceedings, court sentence or conviction or fines relatedIf this information is not available, the company’s ownto commercial or fiduciary violations during the course ofrecords, plus IATA sales figures, where appropriate, will bebusiness.taken into consideration.

(4) LICENCE TO TRADE ANDAd Hoc shipment(s) requiring excess creditOTHER NATIONAL LEGAL

Nothing shall prevent an Intermediary from applying to an REQUIREMENTSindividual carrier for an ad hoc, one-time credit excess, tocover an exceptional shipment(s) which would result in the Intermediaries will be required to meet any minimum capital

and other company registration and licencing requirementsIntermediary exceeding its established credit limit. In suchevent, the carrier may accept, at its own risk, the amount stipulated by the laws in each country of operation.

10

c Criteria for Registration and Retention

(5) VAT IDENTIFICATIONIn countries where Value Added Tax (VAT) is applied oninternational air transportation, all Intermediaries in thosecountries should be VAT-registered and provide their VATidentification number to IATA.

(6) CASS CODE OF CONDUCTIntermediaries are recommended to study the contents ofthe CASS Code of Conduct, which is available from thelocal CASS Office.

11


12

SECTION 2

13

14

c

THE AIRLINESAIR CARGO SECURITYEach IATA Member Airline has a Security and/or FraudPrevention Representative who serves as a contact for all

INTRODUCTION communications concerning security issues. He/she alsocoordinates security and fraud prevention activities withinThe following guidelines have been prepared to assist Inter-his own company and with the Security Department of IATA.mediaries in protecting their own cargo handling organiza-If you require further advice, contact the representative oftion against losses from theft, fraud, etc., as well asthe airline whose head office is the closest. In the eventsafeguarding the interests of the shippers and the airlines.that you need more information, please contact theYou should maintain effective security measures for cargo atManager, Cargo Security and ULD’s, IATA IDFS-Cargoeach stage of handling and over every sector of movement inDepartment based in Montreal, or visit the website ataccordance with government regulations. www.iata.org/cargo.

CONCLUSIONTHE SHIPPERSecurity matters are complex and will vary greatly from oneCargo must be packed to ensure safe carriage with ordinaryfacility and/or location to another. The type of cargo in itselfcare in handling and in such a manner that will not causewill indicate certain actions that should be taken for its

injury or damage to any persons, cargo or property. Each protection.package (except those containing valuable cargo for which

The IATA Cargo Services Conference Resolutions Manualspecial security precautions are normally taken) should beincorporates Recommended Practice 1630 — Cargo Secur-legibly and durably marked with the name and full streetity; Attachment ‘A’ provides a Security Declaration Formaddress of the shipper and consignee matching the details and Attachment ‘B’ offers a set of guidelines for the imple-

on the Air Waybill or alternatively, referencing all component mentation of Cargo Security procedures.parts of the consignment.

As mentioned above, Cargo Agency Conference ResolutionPackages containing valuable cargo (defined in carriers’ 833a — Security Measures for Intended Consolidated

Consignments, outlines further responsibilities of the IATAtariffs) must be packed in such a manner that the contentsCargo Intermediary in regards to security.cannot be removed or tampered with without leaving visible

evidence. Many shippers look upon previously used cartons You should also be aware that the Cargo Security Regula-and boxes as a source of potential packaging economy. If tions issued by ICAO, the European Union Commission,

and national government authorities are mandatory.this practice is followed, you must remove the labels usedfor previous shipments thus avoiding possible misroutingand expensive claims against the airlines as well as loss ofcustomer goodwill.

The shipper should be advised that packages containingvaluable goods or goods which encourage theft, i.e.,merchandise which can be sold easily (video or taperecorders, radio receivers, TV sets etc.) should not bemarked with a statement of their contents.

THE INTERMEDIARY

It is known that the highest percentage of loss of goods intransit through warehouses is attributable to internal theftand pilferage. Great care should be exercised over thecontrol of both documents and goods if losses are to beavoided. Of particular importance is Resolution 833a, Secur-ity Measures for Intended Consolidated Consignments,which is included in this Handbook.

ASSISTANCE AND REGULATIONSFROM LAW ENFORCEMENTOFFICERS

In some countries, national and/or local police forces haveprevention specialists who are able to offer direct advice inrespect of securing property. Where available, their assist-ance should be sought, and applicable Regulationsfollowed.

15


AIR WAYBILL SPECIFICATIONS ACCEPTANCE OF DANGEROUSGOODS, LIVE ANIMALS ANDAND COMPLETIONPERISHABLE GOODS

Resolution 600a, contained in this Handbook, provides aquick-reference guide to AWB completion. For more These consignments require special handling. Detaileddetailed information, please refer to the IATA Air Waybill information concerning acceptance, packaging and labellingHandbook (Attachment ‘B’, Appendix ‘C’), which is available of these items can be found in IATA’s Dangerous Goodsfrom IATA at www.iata.org/cargo. and Live Animals Regulations.

Examples of checklists for radioactive and non-radioactiveshipments as well as for consignments of dry ice are repro-duced on the following pages.

Also illustrated are examples of labels, which must be affixedto packages containing these special commodities.

IATA also produce a Perishable Cargo Handling Manualwhich gives guidance on packaging and preparation require-ments for these sensitive shipments, together with explana-tions on how to maintain product quality during the flight.

All these publications are obtainable from IATA at:[email protected].

(Please note that no shipments in these categories canbe interlined unless arrangements have been agreedin advance. Also, some carriers may have additionalrequirements).

16

c

Over 3,000 articles and substances are listed showing theirIATA DANGEROUS GOODSUN numbers, proper shipping names, hazard classes, subsi-REGULATIONS diary risks, hazard labels, packing groups, packing instruc-tions and quantities permitted on passenger and cargoaircraft.The international transport of dangerous goods by air has

been regulated since 1956. In 1984 the International CivilThe List does not cover every individual substance as thisAviation Organization assumed this responsibility underwould be clearly impossible, particularly as a considerableAnnex 18 to the Chicago Convention on International Civilnumber of new chemicals are developed and offered forAviation and its accompanying Technical Instructions fortransportation each year. To cover this, a number of genericthe Safe Transport of Dangerous Goods by Air. The ICAO(not otherwise specified) entries are included in the List. Forrequirements are now mandatory for all 160 ICAO memberexample, if a substance is not specifically listed by name,countries.the shipper must determine its hazard class, and may then

IATA continues to publish the Dangerous Goods Regula- use a ‘n.o.s.’ designation such as ‘Flammable Liquids,tions in order to provide the user with a single document n.o.s.’. N.o.s. entries are also included covering substancesthat includes full details of the regulatory requirements of having more than one class hazard such as ‘FlammableICAO and the airlines’ operational requirements. These liquid which is also a Toxic, n.o.s’.include a complete list of operator variations, a prescribed

The Regulations detail the shipping papers required, includ-form for the Shipper’s Declaration, and full details on pack-ing instructions on the completion of the Air Waybill andaging specifications and testing. The Dangerous Goodsthe Shipper’s Declaration. It is important to note that onlyRegulations, officially recognised by ICAO as the field docu-persons who have undertaken appropriate dangerousment for the transport of dangerous goods by air, are fullygoods training may sign the Shipper’s Declaration forcompliant with (and in some cases are more restrictive than)

the ICAO Annex 18 and the Technical Instructions for the Dangerous Goods.Safe Transport of Dangerous Goods by Air.

Each dangerous goods package must carry the correctThe responsibilities of Cargo Agents and Freight Forwarders ‘Class Hazard Label’ and it is of interest that these labelsare spelled out in the IATA Dangerous Goods Regulations are also used for all other modes of transportation. Other(DGR). DGR Reference 1.3.3.1.6 states that before a package markings are required as specifically stated in theconsignment is offered to an airline for shipment, the ship- Regulations.per, freight forwarder and cargo agent must:

Apart from other hazardous shipments, radioactive mater-d ensure the dangerous goods are in full compliance with ials are regularly offered for air transportation and the basic

the Regulations; rules, which have been adopted by all transport modes,including the air mode, emanate from the Internationald segregate dangerous goods contained in Consolida-Atomic Energy Agency. In addition, the special conditionstions from goods which are not subject to the Regula-which apply to the air mode such as pressurization, rapidtions and offer them separately;temperature changes, vibration, separation distance

d ensure that dangerous goods are not loaded in a unit requirements, etc., have all been covered in the IATA Regu-load device, other than those permitted under DGR lations. A list of UN Specification Packaging Suppliers is9.1.1.1; and provided to assist shippers and agents to locate sources

of such packagings worldwide. Governmental competentd for all consignments, check documents and the exteriorauthorities are listed, where users of the Regulations canof packages for indications of hidden hazards.obtain assistance in classification and other aspects of ship-

This last requirement is to prevent undeclared dangerous ping dangerous goods by air.goods from being carried by air, since they are the cause

Third-party organisations offering IATA endorsed, industry-of the majority of dangerous goods incidents and accidentsrecognised, dangerous goods training, meeting the require-reported to the authorities. The common Air Waybill descrip-ments of Resolutions 801, 803, 805 and 809, are also listed.tions that often conceal dangerous goods are listed in DGR

2.2. Such items as Household Goods, Laboratory Testing These IATA Dangerous Goods Regulations are a ‘must’ forEquipment, Company Material, Samples for Testing, all concerned in the transportation of dangerous goods byMedical Supplies and many others. Markings on the outside air, including carriers, agents, forwarders, consolidators,of packages often give a clue as to possible dangerous governments, shippers and manufacturers. It is importantgoods hidden inside. that the current edition should always be used, since many

revisions and additions appear in each new annual issue.The IATA Regulations spell out in simple terms how danger-ous goods are defined and classified into nine hazard The Regulations are printed in English, French, Germanclasses, including Explosives, Compressed gases, Flam-

and Spanish and may be obtained by contacting the IATAmable liquids and solids, Oxidizing materials, Toxic

Customer Services Department in Montreal. In addition asubstances, Radioactive materials, Corrosives and thoseJapanese language edition is produced under licence.materials which do not readily fall into these classes.

17


The International Civil Aviation Organisation and IATA (inDGR 9.5.4) require that sufficient notices, prominentlydisplayed, are provided at cargo acceptance points, givinginformation about the transport of dangerous goods. Thisis intended to promote awareness of dangerous goods inthe shipping community. ‘Have you declared it?’ postersmay also be obtained from IATA offices.

18

c IATA Dangerous Goods Regulations

19


20


21


22


23


24


25


d instantly view operator and country variations on file withIATA LIVE ANIMALS REGULATIONSIATA;

The public at large is concerned about animal welfare. d follow links to regulatory agencies that give furtherAirlines, shippers and intermediaries involved in the trans- information about live animal transportation, such as forportation of live animals have a vital interest in the animals example the EU, without leaving the CD user interface;reaching their destinations safely and in good health.

d view a special market insert that provides you with anIATA began to review the conditions of safe and humane overview on animal species listed on the CITES appendi-animal transportation in 1967 and established the Live ces (available only on CD).Animals Board to develop international standards. The IATALive Animals Regulations (LAR) was first published in 1969as an industry guideline for air transport. Because recom-mended practices were not always complied with by partiesinvolved in transporting animals, IATA members agreed toadopt the LAR as an industry standard under CSC Resolu-tion 620 in 1974.

While IATA encourages all parties to comply with the LAR,it realises the important role of governments in the imple-mentation of IATA standards on a global basis. ThroughIATA’s lobbying efforts, many countries, including memberstates of the European Union and the United States ofAmerica, have adopted either part or the whole of the LARas the law for animal transportation. In addition, pursuantto the United Nations conservation initiative, the Partiesto the Convention on International Trade in EndangeredSpecies (CITES) have resolved to encourage all Partiesto implement IATA standards for the export and import ofendangered species.

The Live Animals & Perishables Board meet to review andupdate the LAR. Officials from the UK, US, France, NewZealand and Canada are regular observers at the Boardmeetings.

The LAR is published annually on October 1st in English,French and Spanish.

To ensure that animals, passengers and planes alwaystravel in safe, healthy and humane conditions, all personswho ship, accept, handle or load animals must be familiarand competent with the specific requirements of the IATALive Animals Regulations. An increasing number of coun-tries have adopted or accepted these regulations as part oftheir national legislation. Shippers are warned that shippinglive animals in violation of the Regulations may constitutea breach of the applicable law and may be subject to legalpenalties.

LIVE ANIMALS REGULATIONS CDY

In line with nowadays customer expectations, IATA is intro-ducing a brand new Live Animals Regulations CD.

The CD allows you to:

d find brand new live animal classification informationcombined with container construction requirements;

d obtain airline cargo contact information relating to sales,cargo operational aspects such as warehouse deliveryinformation;

d view airline offered services in relation to live animaltransportation from dedicated web pages;

d obtain an instant report tailored to single animal speciesand share it with your clients;

26

c

IATA PERISHABLE CARGO INFECTIOUS SUBSTANCESSHIPPING GUIDELINESMANUAL

The purpose of the Perishable Cargo Manual (PCM) is toThese Guidelines are outlined in a convenient easy-to-readprovide guidance to parties involved in the bringing to themanual with up to date information on the regulations. Themarket of “Perishable” goods, with an emphasis on the airhandbook features easy-to-follow transportation guidelinesmode.for road, air and courier, sets out national and international

The scope of this manual has to do with the monitoring of regulations and provides training requirements andsafety aspects throughout the distribution chain in order to examples of actual documentation. The how-to checklistssafeguard and preserve the inherent qualities of the goods cover every step of the shipping process including classifica-being shipped. It is a reference manual for all parties tion, identification, packing, marking, labeling and handling.involved in the packaging, handling and acceptance ofperishables and provides producers, growers, transporters,agents and manufacturers alike with criteria and proceduresto fully exploit the benefits and advantages offered by airtransport. Clinical or bio-medical shipments have an intimateneed for a temperature controlled environment and aretherefore also part of this manual. Endangered and fromtrade protected Flora are further detailed in the dedicatedCITES chapter.

Product “marketability and traceability”, HACCP and Codex-alimentarius related principles will provide guidance towardsimport, transit or export activities. Traffic flow improvement,customer service and the various facets of the differentinterfaces and environments involved are further detailedin this manual. The content thereof is based on the experi-ence of a number of major airlines, shippers, agents andon scientific data supplied by research institutions that workclosely with IATA.

The PCM is updated by the IATA Live Animal and Perish-ables Board and is published in English.

PERISHABLE CARGO MANUAL CDYIn line with nowadays customer expectations, IATA is intro-ducing a brand new Perishable Cargo Manual CD.

The CD allows you to:

d find brand new perishable classification information;

d obtain airline cargo contact information relating to sales,cargo operational aspects such warehouse deliveryinformation and airline offered services in relation toperishables from dedicated web pages;

d obtain a perishable report tailored to single commoditiesand share it with your clients;

d instantly view operator and country variations on file withIATA;

d follow links to regulatory agencies that give furtherinformation about perishables without leaving the CDuser interface;

d view a special market insert that provides you with anoverview on the aquaculture in South East Asia (avail-able only on CD).

27


TRADITIONAL SETTLEMENT OFJ THE CARGO ACCOUNTSACCOUNTSSETTLEMENT SYSTEMS —Export airfreight normally reaches airlines via cargo agents.CASSlink Agents collect freight charges from shippers for payment

www.iata.org/worldwide/cass over to carriers. Certain carriers require that agents reportsales made on their behalf in certain markets. Other carriersINTRODUCTIONmay produce invoices to their agents for those sales. Agentswork with many carriers and carriers accept consignmentsIATA has established and operated Cargo Accounts Settle-from many agents. Each carrier receives a report from, orment Systems for over 30 years ago with the objectiveprepares an invoice to, each agent individually.of simplifying the reporting of cargo sales and settling of

accounts between cargo intermediaries and carriers. These redundant reports and invoices must be checked andconsolidated and payments have to be made individually.The system has evolved since then and now operatesThis traditional administrative approach towards cargo bill-through an advanced global web-enabled platform knowning is costly and represents a major burden on both airlines

as CASSlink with common operational features providing and agents alike.airlines with a truly global solution for the billing and settle-ment of their sales revenues. Today IATA runs37 operations worldwide covering:

d 40+ countries around the globe

d settlements in excess of US$ 16.8 billion

d 14.8 million UTP’s processed (AWB’s and correctionnotices)

With the help of CASSlink, IATA’s Cargo Distribution effortaims to expand its CASS network to a significant numberof additional cargo markets enabling carriers’ full coverageof our service.

ADVANTAGES OF CASS CASS EFFICIENT OPERATION

CASS yields a two-fold solution as it replaces airlines tradi- With today’s technology CASSlink has simplified the billing-tional paper based invoicing in one-side and agents’ tradi- settlement cycle turning it into a dynamic process. Once an

operation is set to go “live” the IATA local office enablestional clerical functions of receiving and manually controllingthe system with local parameters such as airlines andthose invoices on the other. Upon the implementation of aagents’ full name and addresses, current exchange ratesCASS operation an IATA “Settlement Office” is establishedand etc. Airlines generate electronic records of all AWB’slocally ensuring carriers and agents an array of benefits:issued by their agents in a pre-specified format called “billing

d streamlined invoicing and collection of sales revenues file”. The carrier then uploads billing files into CASSlinkon specific dates following an agreed processing scheduleprocesses performed by IATA’s neutral settlement(although there is trend to encourage daily uploading ofoffice;files). Processing schedules determine deadlines for billing

d invoices are produced and distributed electronically to file submission by the airlines, processing of those files byall parties eliminating any risk of loss or fail to deliver; the settlement office and distribution of electronic output to

both airlines and agents.d agents pay one amount covering payment to all carriers;carriers receive one amount covering payment from all Once billing files are processed the system generates an

output comprised of invoices and billing statements. Eachagents;agent receives an invoice is respect of each carrier it works

d enhancement of financial control and improvement of with, and a statement indicating the total amount due to allcash flow as the CASS rate of success in collecting carriers. Each carrier receives the reciprocal set of account-funds is virtually 100%; ing documents. Because this output is electronically stored

in a web-enabled system both airline and agent may grantd risk of default is greatly reduced as irregularities are access to people of various departments (sales, operations

handled centrally by the CASS office; and finance) while its access requires a simple Internetconnection.d unbiased management of disputes leading to a more

transparent practice and smoother process; An additional feature of CASSlink is the overnightprocessing of all files received enabling agents to previewd cost is shared on an equitable basis among all participat-billed items on a daily basis.

ing carriers.

28

c The Cargo Accounts Settlement Systems — CASSlink

COST OF PARTICIPATIONAirline Members pay a fee each time they join a new opera-tion of USD 2,500.00. Non-member airlines and GSA’s(regardless of the number of airlines they represent) payUSD 3,500.00 plus an annual fee of USD 500.00.

In addition to that, airlines pay a monthly charge known asLocal Management Fee (LMF) meant to cover the IATA’scost for running that specific operation. LMF charges arebased on a cost sharing formula in which 40% of the totalcost is equally shared by participants, 30% of cost is sharedbased on each airlines sales amount settled, and 30% oneach airlines’ number of UTP’s processed through thesystem.

IATA agents have no cost for being part of CASS whereasAgents and carriers further benefit from this dynamic systemnon-IATA agents or associates are expected to pay anspecially when a dispute arises between them, as CASSlinkannual fee set locally to help fund the operation.facilitates the handling of on-line corrections.

CASS MODES

Although almost all CASS operations relate to Export freightonly, Import and Domestic are catered for. CASS-Importoperations are currently present in four countries andCanada should soon add that mode as well.

CASS IMPLEMENTATION

In principle any country can host a CASS operation as longas there are airlines and freight forwarders willing to supportit and enough business is generated to justify the cost ofrunning it. Traditionally, IATA would expect airlines to mani-fest interest for any given market whereas today there’s agrowing need to expand the CASS network. Therefore, newoperations are now being more actively sought.

Upon the identification of a potential country, IATA willconduct an assessment of the local market to define its sizein terms of players, sales volumes and number of AWB’sissued there. Meetings with national associations offorwarders and civil aviation authority are encouraged inorder to ensure wider industry support. Based on thesefindings a business case is prepared and presented to theairlines locally, which must confirm participation. After that,this report is presented to the CASS Policy Group repres-ented by twelve carrier members for its final and officialendorsement.

IATA normally establishes or has established an office priorto a CASS implementation. But in order to be cost efficientsome operations are run as an extension of a larger one.CASS-Nordic, for example, manages four countries from aSweden-based IATA office.

AIRLINE AND AGENTPARTICIPATION

Airlines and their GSA’s may choose whether or not to joinany given operation. Yet each airline participation is so vitalfor an operation’s success that IATA cargo managers willseek to maximize the number their participants. Accreditedagents are incorporated automatically whenever an opera-tion is set to go live. Non-IATA agents may join CASS bysimply signing an “associate agreement” with the IATA localoffice.

29


AIR CARGO CLAIMS PROCEDURES VALUATION CHARGES

For valuable consignments, shippers must declare a valueUniform principles and practices for the handling of air cargoclaims must be observed whenever claims between carriers for carriage on the AWB. This declaration may be a specific

amount or NVD (No Value Declared). In order to applyand Intermediaries or their customers refer to loss, ordamage, or delay to shipments. valuation charges, the value per kilogram is determined by

dividing the shipper’s declared value for carriage by theThe Warsaw Convention and in some countries the Montrealgross weight of the consignment as shown in the GrossConvention and its pertaining Protocols and the ConditionsWeight box on the AWB.of Contract (IATA Resolution 600b (II) paragraph 12 to 12.3

— on the reverse side of the AWB) stipulate time limits in After the shipment has left the airport (or city) of departureshown on the AWB, a declared value for carriage must notregard to the lodging of claims.be entered or amended.Damage — Visible damage has to be registered upon deliv-

ery in the delivery receipt, or immediately after discovery of Assessment of valuation charges consignments with adeclared value of more than SDR17** per kg, please referthe damage to the goods in writing, holding the carrier liable

within fourteen (14) days from receipt of the goods. Further- to TACT Rules.more, the carrier (or its handling agent in charge) upon **To obtain the SDR17 equivalent in your currency, refer torequest at the time of delivery has to issue a Cargo Damage TACT Rule 3.2, or the IATA website, or the national bankReport (CDR). daily rates.Delay of Goods — A complaint must be submitted in writing The declared value for carriage applies for the actual grosswithin twenty-one (21) days of the receipt of the goods. weight of the consignment (excluding the weight of airline

owned ULDs, if applicable). Please consult the TACT RulesNon-delivery of Goods — A complaint must be submittedin writing within one hundred and twenty (120) days from or individual carrier guidelines.the date of the issue of the AWB. You should advise shippers that the Carriers’ liability is

limited, as specified in Resolution 600b(ll). They may there-The claimed damage(s) has to be substantiated and suitablyevidenced by documents such as AWB copy, Cargo fore wish to consider whether to insure their consignment.Damage Report and invoices, which must be submitted tothe airline within a reasonable period of time.

Any rights to damages against a carrier shall expire unlessan action is brought within two years from the date of arrivalat the destination, or from the date on which the aircraftought to have arrived, or from the date on which the trans-portation stopped.

In some countries or for certain airlines it may be mandatory,or at least advisable, to effect all submissions by registeredand confirmed mail.

The above are guidelines only and it is recommended thatfurther information be sought from the airline(s) involved inrespect of any claim.

CHARGES & WEIGHTSThe following paragraphs are extracts from rules andResolutions of the IATA Tariff Co-ordinating Conferences(TCC) and those Member airlines of IATA having electedto participate in the TCC activities. They can be identifiedfrom the IATA membership list reproduced later in thisHandbook.

30

c

CHARGEABLE WEIGHT VOLUME WEIGHT

The cubic volume of a consignment is determined by multi-Chargeable weight is the actual gross weight or the volumeweight, whichever is higher. However, when a lower charge plying the greatest length, width and height of the shipment

or its packages.is applicable for a published higher minimum weight, thishigher weight will be the chargeable weight. If the total dimension measures more than 6000 cubic centi-

metres/366 cubic inches, the consignment must be chargedExamples of the calculation of the chargeable weight areto be found in TACT Rules 3.9.3. volumetrically. (See also Resolution 502 or refer to the TACT

rules).

Example:

If a shipment measures 162.2 × 155.6 × 141.4 cms, thefigures should be rounded up or down. Where the fractionis a half or larger, it is rounded up and if smaller, it is roundeddown.

In this example, the measurements become 162 × 156 ×141 and therefore the total volume is 3,563,352 cu.cms.When divided by 6000, the chargeable weight is 593.89kgs,which should be rounded up to 594kgs.

Similarly, if the dimensions of a consignment were 637/8 ×611/4 × 553/8 inches, they should be rounded to 64 × 61× 55. The total volume of 214720 is divided by 366, givinga chargeable weight of 586.66kgs, which should be roundedto 587kgs.

31


NEW AIR WAYBILL COMPLETION CALCULATION OF WEIGHTCHARGESPROCESS

A change in the completion of airway bills came into effect Air cargo rates shall be the published cargo rates in effecton the date of issuance of the Air Waybill. Charges must01 April 2004.be assessed by multiplying the applicable general cargoResolution 600a presently requires either the dimensionsrate, specific commodity rate or class rate by the chargeableor volume of the consignment be shown on the air waybillweight.when the volume weight is used as chargeable weight.

However, effective 01 April 2004, an amendment to thisresolution makes it mandatory to include the shipmentdimensions on all air waybills.

The information to be shown in the “Nature and Quantityof Goods” section includes the consignment dimensions,comprising the greatest length, greatest width, greatestheight, unit of measurement and number of pieces. If aconsignment is consolidated as one moveable part, thenonly the dimensions of the overall consolidated consignmentare required.

Dimensions are not required for cargo tendered intact inauthentic pre-built aircraft containers or pallets.

If the dimensions are not available and/or cannot be includedon the air waybill at the time of completion, then total volumeof the consignment shall be inserted.

If the dimensions and total volume are not available andcannot be included on the air waybill at the time of comple-tion, this must be clearly indicated by inserting the words“No Dimensions Available”.

It is intended that this change will contribute to an improve-ment in the efficient planning of aircraft payloads, reductionof handling irregularities, and ultimately, significant improve-ment of service standards.”

32

c

CHARGES COLLECT UNIT LOAD DEVICE (ULD)

With the increase in the number of wide-bodied aircraft,Always check with the carrier whether the destination coun-try permits the application of Charges Collect. Certain ULDs are a key component to greater efficiency in the air

transport industry. To maintain this performance level,carriers and countries do not allow this facility.however, the interchangeability and safety of ULDs mustbe maintained. This can be achieved only by building ULDsaccording to strict technical specifications. Published forairlines, handling companies and industry suppliers, theULD Technical Manual (published in English) outlines allindustry specifications with easy-to-understand illustrations.Here are illustrations of some of the ULDs currently in useworldwide.

33


CARGO INTERCHANGE MESSAGE AIR CARGO AUTOMATIONPROCEDURES (CARGO-IMP)

The implementation of computer systems by Airlines, Inter-mediaries and Customs will continue to increase rapidlyTo help with the exchange of messages between parties inover the next few years. Some of these partners will investthe air cargo industry, IATA publishes the IATA/ATA Cargo-in automated equipment for the first time. Many will buyIMP Manual.their second- or third-generation systems in the light of up-

This Manual sets out the message standards, which must dated technology and experience.be followed when using Cargo-IMP.

In some countries, the introduction and use of computersFor further information, contact IATA at [email protected]. has been much more rapid than in others and in many

locations, cargo community systems have been developedwhich include many common interface functions.

IATA liaises closely with segments of the air cargo industrysuch as FIATA, WCO and UN/ECE, in order to develop andpromote automated solutions and standards.

For more information on the work of IATA and its MemberAirlines on automation developments in the air cargo indus-try, please contact us at [email protected].

IATA also produce ‘TACT Rules’, a very informative bookwhich provides helpful information on many day-to-dayoperational issues. Again, please contact [email protected] further details.

34

c

Convention For The Unification OfCONVENTIONS/PROTOCOLSCertain Rules Relating ToInternational Carriage By Air, SignedThe Warsaw Convention as amended by various protocols

of the Hague, Guadalajara and Montreal and the Montreal At Warsaw On 12 October 1929Convention (1999), together with the Conditions of Carriage, (Warsaw Convention 1929)provide the regulatory framework within which the interna-tional air industry operates.

Chapter I — Scope — DefinitionsSome countries may not be signatories to the Convention

Article 1and all its Protocols. You are therefore advised to ask yournational authority or national carrier whether different regu- 1. This Convention applies to all international carriage of

persons, luggage or goods performed by aircraft for reward.lations, particularly concerning liability, apply in yourterritory. It applies equally to gratuitous carriage by aircraft performed

by an air transport undertaking.Copies of some of these conventions/protocols are followingfor information. However to ensure the latest status, please 2. For the purposes of this Convention the expression

“international carriage” means any carriage in which,refer to the IATA website at www.iata.org/legal or fromFIATA www.fiata.org. according to the contract made by the parties, the place of

departure and the place of destination, whether or not therebe a break in the carriage or a transhipment, are situatedeither within the territories of two High Contracting Parties,or within the territory of a single High Contracting Party, ifthere is an agreed stopping place within a territory subject tothe sovereignty, suzerainty, mandate or authority of anotherPower, even though that Power is not a party to this Conven-tion. A carriage without such an agreed stopping placebetween territories subject to the sovereignty, suzerainty,mandate or authority of the same High Contracting Partyis not deemed to be international for the purposes of thisConvention.

3. A carriage to be performed by several successive aircarriers is deemed, for the purposes of this Convention, tobe one undivided carriage, if it has been regarded by theparties as a single operation, whether it had been agreedupon under the form of a single contract or of a series ofcontracts, and it does not lose its international charactermerely because one contract or a series of contracts isto be performed entirely within a territory subject to thesovereignty, suzerainty, mandate or authority of the sameHigh Contracting Party.

Article 2

1. This Convention applies to carriage performed by theState or by legally constituted public bodies provided it fallswithin the conditions laid down in Article 1.

2. This Convention does not apply to carriage performedunder the terms of any international postal Convention.

Chapter II — Documents of Carriage

Section I — Passenger TicketArticle 3

1. For the carriage of passengers the carrier must delivera passenger ticket which shall contain the followingparticulars:-

a. the place and date of issue;

b. the place of departure and of destination;

c. the agreed stopping places, provided that the carriermay reserve the right to alter the stopping places in caseof necessity, and that if he exercises that right, the alterationshall not have the effect of depriving the carriage of itsinternational character;

35


d. the name and address of the carrier or carriers; 2. The first part shall be marked “for the carrier,” and shallbe signed by the consignor. The second part shall be markede. a statement that the carriage is subject to the rules“for the consignee"; it shall be signed by the consignor andrelating to liability established by this Convention.by the carrier and shall accompany the goods. The third

2. The absence, irregularity or loss of the passenger ticket part shall be signed by the carrier and handed by him todoes not affect the existence or the validity of the contract the consignor after the goods have been accepted.of carriage, which shall none the less be subject to the rules

3. The carrier shall sign on acceptance of the goods.of this Convention. Nevertheless, if the carrier accepts apassenger without a passenger ticket having been delivered 4. The signature of the carrier may be stamped; that ofhe shall not be entitled to avail himself of those provisions the consignor may be printed or stamped.of this Convention which exclude or limit his liability. 5. If, at the request of the consignor, the carrier makes

out the air consignment note, he shall be deemed, subjectSection II — Luggage Ticket to proof to the contrary, to have done so on behalf of the

consignor.Article 4

1. For the carriage of luggage, other than small personalArticle 7objects of which the passenger takes charge himself, the

carrier must deliver a luggage ticket. The carrier of goods has the right to require the consignorto make out separate consignment notes when there is more2. The luggage ticket shall be made out in duplicate, onethan one package.part for the passenger and the other part for the carrier.

3. The luggage ticket shall contain the following Article 8particulars:-

The air consignment note shall contain the followinga. the place and date of issue; particulars:-b. the place of departure and of destination; a. the place and date of its execution;c. the name and address of the carrier or carriers;

b. the place of departure and of destination;d. the number of the passenger ticket;

c. the agreed stopping places, provided that the carriere. a statement that delivery of the luggage will be made may reserve the right to alter the stopping places in caseto the bearer of the luggage ticket; of necessity, and that if he exercises that right the alteration

shall not have the effect of depriving the carriage of itsf. the number and weight of the packages;international character;

g. the amount of the value declared in accordance withd. the name and address of the consignor;Article 22(2);e. the name and address of the first carrier;h. a statement that the carriage is subject to the rules

relating to liability established by this Convention. f. the name and address of the consignee, if the case sorequires;4. The absence, irregularity or loss of the luggage ticket

does not affect the existence or the validity of the contract g. the nature of the goods;of carriage, which shall none the less be subject to the

h. the number of the packages, the method of packingrules of this Convention. Nevertheless, if the carrier acceptsand the particular marks or numbers upon them;luggage without a luggage ticket having been delivered, or

if the luggage ticket does not contain the particulars set out i. the weight, the quantity and the volume or dimensionsat (d), (f) and (h) above, the carrier shall not be entitled to of the goods;avail himself of those provisions of the Convention which

j. the apparent condition of the goods and of the packing;exclude or limit his liability.k. the freight, if it has been agreed upon, the date andplace of payment, and the person who is to pay it;Section III — Air Consignment Note

Article 5 l. if the goods are sent for payment on delivery, the priceof the goods, and, if the case so requires, the amount of1. Every carrier of goods has the right to require thethe expenses incurred;consignor to make out and hand over to him a document

called an “air consignment note”; every consignor has the m. the amount of the value declared in accordance withright to require the carrier to accept this document. Article 22 (2);

2. The absence, irregularity or loss of this document does n. the number of parts of the air consignment note;not affect the existence or the validity of the contract of

o. the documents handed to the carrier to accompany thecarriage which shall, subject to the provisions of Article 9,air consignment note;be none the less governed by the rules of this Convention.p. the time fixed for the completion of the carriage and abrief note of the route to be followed, if these matters haveArticle 6been agreed upon;1. The air consignment note shall be made out by the

consignor in three original parts and be handed over with q. a statement that the carriage is subject to the rulesrelating to liability established by this Convention.the goods.

36

c Conventions/Protocols

Article 9 Article 13

If the carrier accepts goods without an air consignment note 1. Except in the circumstances set out in the precedinghaving been made out, or if the air consignment note does Article, the consignee is entitled, on arrival of the goods atnot contain all the particulars set out in Article 8(a) to (i) the place of destination, to require the carrier to hand overinclusive and (q), the carrier shall not be entitled to avail to him the air consignment note and to deliver the goodshimself of the provisions of this Convention which exclude to him, on payment of the charges due and on complyingor limit his liability. with the conditions of carriage set out in the air consignment

note.Article 10 2. Unless it is otherwise agreed, it is the duty of the carrier

to give notice to the consignee as soon as the goods arrive.1. The consignor is responsible for the correctness of theparticulars and statements relating to the goods which he 3. If the carrier admits the loss of the goods, or if theinserts in the air consignment note. goods have not arrived at the expiration of seven days after

the date on which they ought to have arrived, the consignee2. The consignor will be liable for all damage suffered byis entitled to put into force against the carrier the rightsthe carrier or any other person by reason of the irregularity,which flow from the contract of carriage.incorrectness or incompleteness of the said particulars and

statements.Article 14

Article 11 The consignor and the consignee can respectively enforceall the rights given them by Articles 12 and 13, each in his1. The air consignment note is prima facie evidence ofown name, whether he is acting in his own interest or inthe conclusion of the contract, of the receipt of the goodsthe interest of another, provided that he carries out theand of the conditions of carriage.obligations imposed by the contract.

2. The statements in the air consignment note relating tothe weight, dimensions and packing of the goods, as well

Article 15as those relating to the number of packages, are prima facieevidence of the facts stated; those relating to the quantity, 1. Articles 12, 13 and 14 do not affect either the relationsvolume and condition of the goods do not constitute evid- of the consignor or the consignee with each other or theence against the carrier except so far as they both have mutual relations of third parties whose rights are derivedbeen, and are stated in the air consignment note to have either from the consignor or from the consignee.been, checked by him in the presence of the consignor, or

2. The provisions of Articles 12, 13 and 14 can only berelate to the apparent condition of the goods.varied by express provision in the air consignment note.

Article 12Article 16

1. Subject to his liability to carry out all his obligations1. The consignor must furnish such information and attachunder the contract of carriage, the consignor has the rightto the air consignment note such documents as are neces-to dispose of the goods by withdrawing them at the aero-sary to meet the formalities of customs, octroi or policedrome of departure or destination, or by stopping them inbefore the goods can be delivered to the consignee. Thethe course of the journey on any landing, or by calling forconsignor is liable to the carrier for any damage occasionedthem to be delivered at the place of destination or in theby the absence, insufficiency or irregularity of any suchcourse of the journey to a person other than the consigneeinformation or documents, unless the damage is due to thenamed in the air consignment note, or by requiring them tofault of the carrier or his agents.be returned to the aerodrome of departure. He must not

exercise this right of disposition in such a way as to prejudice 2. The carrier is under no obligation to enquire into thethe carrier or other consignors and he must repay any correctness or sufficiency of such information or documents.expenses occasioned by the exercise of this right.

2. If it is impossible to carry out the orders of the consignor Chapter III — Liability of the Carrierthe carrier must so inform him forthwith.

Article 173. If the carrier obeys the orders of the consignor for the

The carrier is liable for damage sustained in the event ofdisposition of the goods without requiring the production ofthe death or wounding of a passenger or any other bodilythe part of the air consignment note delivered to the latter,injury suffered by a passenger, if the accident which causedhe will be liable, without prejudice to his right of recoverythe damage so sustained took place on board the aircraftfrom the consignor, for any damage which may be causedor in the course of any of the operations of embarking orthereby to any person who is lawfully in possession of thatdisembarking.part of the air consignment note.

4. The right conferred on the consignor ceases at the Article 18moment when that of the consignee begins in accordancewith Article 13. Nevertheless, if the consignee declines to 1. The carrier is liable for damage sustained in the event

of the destruction or loss of, or of damage to, any registeredaccept the consignment note or the goods, or if he cannotbe communicated with, the consignor resumes his right of luggage or any goods, if the occurrence which caused the

damage so sustained took place during the carriage by air.disposition.

37


2. The carriage by air within the meaning of the preceding 4. The sums mentioned above shall be deemed to referto the French franc consisting of 65 « milligrams gold ofparagraph comprises the period during which the luggage

or goods are in charge of the carrier, whether in an aero- millesimal fineness 900. These sums may be converted intoany national currency in round figures.drome or on board an aircraft, or, in the case of a landing

outside an aerodrome, in any place whatsoever.

Article 233. The period of the carriage by air does not extend toany carriage by land, by sea or by river performed outside Any provision tending to relieve the carrier of liability or toan aerodrome. If, however, such a carriage takes place in fix a lower limit than that which is laid down in this Conventionthe performance of a contract for carriage by air, for the shall be null and void, but the nullity of any such provisionpurpose of loading, delivery or trans-shipment, any damage does not involve the nullity of the whole contract, which shallis presumed, subject to proof to the contrary, to have been remain subject to the provisions of this Convention.the result of an event which took place during the carriageby air.

Article 24

1. In the cases covered by Articles 18 and 19 any actionArticle 19for damages, however founded, can only be brought subject

The carrier is liable for damage occasioned by delay in the to the conditions and limits set out in this Convention.carriage by air of passengers, luggage or goods.

2. In the cases covered by Article 17 the provisions ofthe preceding paragraph also apply, without prejudice to

Article 20 the questions as to who are the persons who have the rightto bring suit and what are their respective rights.

1. The carrier is not liable if he proves that he and hisagents have taken all necessary measures to avoid the

Article 25damage or that it was impossible for him or them to takesuch measures. 1. The carrier shall not be entitled to avail himself of

the provisions of this Convention which exclude or limit his2. In the carriage of goods and luggage the carrier is notliability, if the damage is caused by his wilful misconduct orliable if he proves that the damage was occasioned byby such default on his part as, in accordance with the lawnegligent pilotage or negligence in the handling of theof the Court seised of the case, is considered to be equival-aircraft or in navigation and that, in all other respects, heent to wilful misconduct.and his agents have taken all necessary measures to avoid

the damage. 2. Similarly the carrier shall not be entitled to avail himselfof the said provisions, if the damage is caused as aforesaidby any agent of the carrier acting within the scope of hisArticle 21employment.

If the carrier proves that the damage was caused by orcontributed to by the negligence of the injured person the Article 26Court may, in accordance with the provisions of its own law,exonerate the carrier wholly or partly from his liability. 1. Receipt by the person entitled to delivery of luggage

or goods without complaint is prima facie evidence thatthe same have been delivered in good condition and inArticle 22 accordance with the document of carriage.

1. In the carriage of passengers the liability of the carrier 2. In the case of damage, the person entitled to deliveryfor each passenger is limited to the sum of 125,000 francs. must complain to the carrier forthwith after the discovery ofWhere, in accordance with the law of the Court seised of the damage, and, at the latest, within three days from thethe case, damages may be awarded in the form of periodical date of receipt in the case of luggage and seven days frompayments, the equivalent capital value of the said payments the date of receipt in the case of goods. In the case of delayshall not exceed 125,000 francs. Nevertheless, by special the complaint must be made at the latest within fourteencontract, the carrier and the passenger may agree to a days from the date on which the luggage or goods havehigher limit of liability. been placed at his disposal.2. In the carriage of registered luggage and of goods, the 3. Every complaint must be made in writing upon theliability of the carrier is limited to a sum of 250 francs per document of carriage or by separate notice in writingkilogram, unless the consignor has made, at the time when despatched within the times aforesaid.the package was handed over to the carrier, a special

4. Failing complaint within the times aforesaid, no actiondeclaration of the value at delivery and has paid a supple-shall lie against the carrier, save in the case of fraud on hismentary sum if the case so requires. In that case the carrierpart.will be liable to pay a sum not exceeding the declared sum,

unless he proves that that sum is greater than the actualvalue to the consignor at delivery. Article 27

3. As regards objects of which the passenger takes charge In the case of the death of the person liable, an action forhimself the liability of the carrier is limited to 5,000 francs damages lies in accordance with the terms of this Conven-

tion against those legally representing his estate.per passenger.

38


Article 28 Chapter V — General and Final ProvisionsArticle 321. An action for damages must be brought, at the option

of the plaintiff, in the territory of one of the High Contracting Any clause contained in the contract and all special agree-Parties, either before the Court having jurisdiction where ments entered into before the damage occurred by whichthe carrier is ordinarily resident, or has his principal place the parties purport to infringe the rules laid down by thisof business, or has an establishment by which the contract Convention, whether by deciding the law to be applied, orhas been made or before the Court having jurisdiction at by altering the rules as to jurisdiction, shall be null and void.the place of destination. Nevertheless for the carriage of goods arbitration clauses

are allowed, subject to this Convention, if the arbitration is2. Questions of procedure shall be governed by the lawto take place within one of the jurisdictions referred to inof the Court seised of the case.the first paragraph of Article 28.

Article 29 Article 331. The right to damages shall be extinguished if an action Nothing contained in this Convention shall prevent theis not brought within two years, reckoned from the date of carrier either from refusing to enter into any contract ofarrival at the destination, or from the date on which the carriage, or from making regulations which do not conflictaircraft ought to have arrived, or from the date on which the with the provisions of this Convention.carriage stopped.

Article 342. The method of calculating the period of limitation shallbe determined by the law of the Court seised of the case. This Convention does not apply to international carriage by

air performed by way of experimental trial by air navigationundertakings with the view to the establishment of a regularArticle 30line of air navigation, nor does it apply to carriage performed

1. In the case of carriage to be performed by various in extraordinary circumstances outside the normal scope ofsuccessive carriers and falling within the definition set out an air carrier’s business.in the third paragraph of Article 1, each carrier who acceptspassengers, luggage or goods is subjected to the rules set

Article 35out in this Convention, and is deemed to be one of thecontracting parties to the contract of carriage in so far as The expression “days” when used in this Convention means

current days not working days.the contract deals with that part of the carriage which isperformed under his supervision.

Article 362. In the case of carriage of this nature, the passengeror his representative can take action only against the carrier The Convention is drawn up in French in a single copywho performed the carriage during which the accident or which shall remain deposited in the archives of the Ministry

for Foreign Affairs of Poland and of which one duly certifiedthe delay occurred, save in the case where, by expresscopy shall be sent by the Polish Government to the Govern-agreement, the first carrier has assumed liability for thement of each of the High Contracting Parties.whole journey.

3. As regards luggage or goods, the passenger orArticle 37consignor will have a right of action against the first carrier,

and the passenger or consignee who is entitled to delivery 1. This Convention shall be ratified. The instruments ofwill have a right of action against the last carrier, and further, ratification shall be deposited in the archives of the Ministryeach may take action against the carrier who performed the for Foreign Affairs of Poland, which will notify the deposit

to the Government of each of the High Contracting Parties.carriage during which the destruction, loss, damage or delaytook place. These carriers will be jointly and severally liable 2. As soon as this Convention shall have been ratified byto the passenger or to the consignor or consignee. five of the High Contracting Parties it shall come into force

as between them on the ninetieth day after the deposit ofthe fifth ratification. Thereafter it shall come into forceChapter IV — Provisions relating tobetween the High Contracting Parties who shall have ratifiedCombined Carriageand the High Contracting Party who deposits his instrument

Article 31 of ratification on the ninetieth day after the deposit.

3. It shall be the duty of the Government of the Republic1. In the case of combined carriage performed partly byof Poland to notify to the Government of each of the Highair and partly by any other mode of carriage, the provisionsContracting Parties the date on which this Conventionof this Convention apply only to the carriage by air, providedcomes into force as well as the date of the deposit of eachthat the carriage by air falls within the terms of Article1.ratification.

2. Nothing in this Convention shall prevent the parties inthe case of combined carriage from inserting in the docu-

Article 38ment of air carriage conditions relating to other modes ofcarriage, provided that the provisions of this Convention are 1. This Convention shall, after it has come into force,

remain open for accession by any State.observed as regards the carriage by air.

39


2. The accession shall be effected by a notification Protocol to Amend the Convention foraddressed to the Government of the Republic of Poland, the Unification of Certain Ruleswhich will inform the Government of each of the High Relating to International Carriage byContracting Parties thereof. Air, Signed at Warsaw on3. The accession shall take effect as from the ninetieth 12 October 1929, Done at The Hagueday after the notification made to the Government of the On 28 September 1955Republic of Poland.

(The Hague Protocol to the WarsawConvention 1955)Article 39

1. Any one of the High Contracting Parties may denounce The Governments Undersignedthis Convention by a notification addressed to the Govern-

Considering that it is desirable to amend the Conventionment of the Republic of Poland, which will at once informfor the Unification of Certain Rules Relating to Internationalthe Government of each of the High Contracting Parties.Carriage by Air signed at Warsaw on 12 October 1929,

2. Denunciation shall take effect six months after the noti-Have Agreed As Follows:fication of denunciation, and shall operate only as regards

the Party who shall have proceeded to denunciation.Chapter I — Amendments to the Convention

Article 40 Article I1. Any High Contracting Party may, at the time of signature In Article 1 of the Convention —or of deposit of ratification or of accession declare that the

(a) paragraph 2 shall be deleted and replaced by theacceptance which he gives to this Convention does notfollowing:-apply to all or any of his colonies, protectorates, territories

under mandate, or any other territory subject to his sover- “2. For the purposes of this Convention, the expressioneignty or his authority, or any territory under his suzerainty. international carriage means any carriage in which, accord-

ing to the agreement between the parties, the place of depar-2. Accordingly any High Contracting Party mayture and the place of destination, whether or not there besubsequently accede separately in the name of all or anya break in the carriage or a transhipment, are situated eitherof his colonies, protectorates, territories under mandate orwithin the territories of two High Contracting Parties or withinany other territory subject to his sovereignty or to his author-the territory of a single High Contracting Party if there is anity or any territory under his suzerainty which has been thusagreed stopping place within the territory of another State,excluded by his original declaration.even if that State is not a High Contracting Party. Carriage

3. Any High Contracting Party may denounce this between two points within the territory of a single HighConvention, in accordance with its provisions, separately Contracting Party without an agreed stopping place withinor for all or any of his colonies, protectorates, territories the territory of another State is not international carriage forunder mandate or any other territory subject to his sover- the purposes of this Convention.”eignty or to his authority, or any other territory under his

(b) paragraph 3 shall be deleted and replaced by thesuzerainty.following:-

Article 41 “3. Carriage to be performed by several successive aircarriers is deemed, for the purposes of this Convention, toAny High Contracting Party shall be entitled not earlier thanbe one undivided carriage if it has been regarded by thetwo years after the coming into force of this Convention toparties as a single operation, whether it had been agreedcall for the assembling of a new international Conferenceupon under the form of a single contract or of a series ofin order to consider any improvements which may be madecontracts, and it does not lose its international characterin this Convention. To this end he will communicate withmerely because one contract or a series of contracts is tothe Government of the French Republic which will take thebe performed entirely within the territory of the same State.”necessary measures to make preparations for such

Conference.Article II

This Convention Done at Warsaw on the 12th October,In Article 2 of the Convention — paragraph 2 shall be deleted1929, shall remain open for signature until the 31st January,and replaced by the following:-1930.“2. This Convention shall not apply to carriage of mail and

Additional Protocol — With reference to Article 2 postal packages.”The High Contracting Parties reserve to themselves the

Article IIIright to declare at the time of ratification or of accessionthat the first paragraph of Article 2 of this Convention shall In Article 3 of the Convention —not apply to international carriage by air performed directly

(a) paragraph 1 shall be deleted and replaced by theby the State, its colonies, protectorates or mandated territor-following:-ies or by any other territory under its sovereignty, suzerainty“1. In respect of the carriage of passengers a ticket shallor authority.be delivered containing:

End (a) an indication of the places of departure and destination;

40


(b) if the places of departure and destination are within Article Vthe territory of a single High Contracting Party, one or more In Article 6 of the Convention — paragraph 3 shall be deletedagreed stopping places being within the territory of another and replaced by the following:-State, an indication of at least one such stopping place;

“3. The carrier shall sign prior to the loading of the cargo(c) a notice to the effect that, if the passenger’s journey on board the aircraft.”involves an ultimate destination or stop in a country otherthan the country of departure, the Warsaw Convention may Article VIbe applicable and that the Convention governs and in most

Article 8 of the Convention shall be deleted and replacedcases limits the liability of carriers for death or personalby the following:-injury and in respect of loss of or damage to baggage.”“The air waybill shall contain:(b) paragraph 2 shall be deleted and replaced by the(a) an indication of the places of departure and destination;following:-

(b) if the places of departure and destination are within“2. The passenger ticket shall constitute prima facie evid-the territory of a single High Contracting Party, one or moreence of the conclusion and conditions of the contract ofagreed stopping places being within the territory of anothercarriage. The absence, irregularity or loss of the passengerState, an indication of at least one such stopping place;ticket does not affect the existence or the validity of the

contract of carriage which shall, none the less, be subject (c) a notice to the consignor to the effect that, if the carriageto the rules of this Convention. Nevertheless, if, with the involves an ultimate destination or stop in a country otherconsent of the carrier, the passenger embarks without a than the country of departure, the Warsaw Convention maypassenger ticket having been delivered, or if the ticket does be applicable and that the Convention governs and in mostnot include the notice required by paragraph 1 (c) of this cases limits the liability of carriers in respect of loss of orArticle, the carrier shall not be entitled to avail himself of damage to cargo.”the provisions of Article 22.”

Article VIIArticle IV Article 9 of the Convention shall be deleted and replaced

by the following:-In Article 4 of the Convention —“If, with the consent of the carrier, cargo is loaded on board(a) paragraphs 1, 2 and 3 shall be deleted and replacedthe aircraft without an air waybill having been made out, orby the following:-if the air waybill does not include the notice required by

“1. In respect of the carriage of registered baggage, a Article 8, paragraph (c), the carrier shall not be entitled tobaggage check shall be delivered, which, unless combined avail himself of the provisions of Article 22, paragraph 2.”with or incorporated in a passenger ticket which complieswith the provisions of Article 3, paragraph 1, shall contain: Article VIII(a) an indication of the places of departure and destination; In Article 10 of the Convention — paragraph 2 shall be

deleted and replaced by the following:-(b) if the places of departure and destination are withinthe territory of a single High Contracting Party, one or more “2. The consignor shall indemnify the carrier against allagreed stopping places being within the territory of another damage suffered by him, or by any other person to whom theState, an indication of at least one such stopping place; carrier is liable, by reason of the irregularity, incorrectness or

incompleteness of the particulars and statements furnished(c) a notice to the effect that, if the carriage involves an by the consignor.”ultimate destination or stop in a country other than the coun-try of departure, the Warsaw Convention may be applicable Article IXand that the Convention governs and in most cases limits

To Article 15 of the Convention — the following paragraphthe liability of carriers in respect of loss of or damage toshall be added:-baggage.”

“3. Nothing in this Convention prevents the issue of a(b) paragraph 4 shall be deleted and replaced by thenegotiable air waybill.”following:-

“2. The baggage check shall constitute prima facie evid- Article Xence of the registration of the baggage and of the conditions

Paragraph 2 of Article 20 of the Convention shall be deleted.of the contract of carriage. The absence, irregularity or lossof the baggage check does not affect the existence or the

Article XIvalidity of the contract of carriage which shall, none the less,be subject to the rules of this Convention. Nevertheless, if Article 22 of the Convention shall be deleted and replacedthe carrier takes charge of the baggage without a baggage by the following:-check having been delivered or if the baggage check (unless

“Article 22combined with or incorporated in the passenger ticket whichcomplies with the provisions of Article 3, paragraph 1 (c)) 1. In the carriage of persons the liability of the carrier for

each passenger is limited to the sum of two hundred anddoes not include the notice required by paragraph 1 (c) ofthis Article, he shall not be entitled to avail himself of the fifty thousand francs. Where, in accordance with the law of

the court seised of the case, damages may be awarded inprovisions of Article 22, paragraph 2.”

41


the form of periodical payments, the equivalent capital value Article XIIIof the said payments shall not exceed two hundred and In Article 25 of the Convention — paragraphs 1 and 2 shallfifty thousand francs. Nevertheless, by special contract, the be deleted and replaced by the following:-carrier and the passenger may agree to a higher limit of

“The limits of liability specified in Article 22 shall not applyliability.if it is proved that the damage resulted from an act or omis-

2. sion of the carrier, his servants or agents, done with intentto cause damage or recklessly and with knowledge that

(a) in the carriage of registered baggage and of cargo, the damage would probably result; provided that, in the caseliability of the carrier is limited to a sum of two hundred of such act or omission of a servant or agent, it is also provedand fifty francs per kilogramme, unless the passenger or that he was acting within the scope of his employment.”consignor has made, at the time when the package washanded over to the carrier, a special declaration of interest Article XIVin delivery at destination and has paid a supplementary sum

After Article 25 of the Convention, the following article shallif the case so requires. In that case the carrier will be liablebe inserted:-to pay a sum not exceeding the declared sum, unless he

proves that that sum is greater than the passenger’s or “Article 25 Aconsignor’s actual interest in delivery at destination. 1. If an action is brought against a servant or agent of

the carrier arising out of damage to which this Convention(b) in the case of loss, damage or delay of part of regis-relates, such servant or agent, if he proves that he actedtered baggage or cargo, or of any object contained therein,within the scope of his employment, shall be entitled to availthe weight to be taken into consideration in determining thehimself of the limits of liability which that carrier himself isamount to which the carrier’s liability is limited shall be onlyentitled to invoke under Article 22.the total weight of the package or packages concerned.

Nevertheless, when the loss, damage or delay of a part of 2. The aggregate of the amounts recoverable from thethe registered baggage or cargo, or of an object contained carrier, his servants and agents, in that case, shall nottherein, affects the value of other packages covered by the exceed the said limits.same baggage check or the same air waybill, the total weight 3. The provisions of paragraphs 1 and 2 of this article shallof such package or packages shall also be taken into consid- not apply if it is proved that the damage resulted from aneration in determining the limit of liability. act or omission of the servant or agent done with intent to

cause damage or recklessly and with knowledge that3. As regards objects of which the passenger takes chargedamage would probably result.”himself the liability of the carrier is limited to five thousand

francs per passenger.Article XV

4. The limits prescribed in this article shall not prevent the In Article 26 of the Convention — paragraph 2 shall becourt from awarding, in accordance with its own law, in deleted and replaced by the following:-addition, the whole or part of the court costs and of the

“2. In the case of damage, the person entitled to deliveryother expenses of the litigation incurred by the plaintiff. Themust complain to the carrier forthwith after the discovery offoregoing provision shall not apply if the amount of thethe damage, and, at the latest, within seven days from thedamages awarded, excluding court costs and otherdate of receipt in the case of baggage and fourteen daysexpenses of the litigation, does not exceed the sum whichfrom the date of receipt in the case of cargo. In the case ofthe carrier has offered in writing to the plaintiff within a perioddelay the complaint must be made at the latest within twenty-of six months from the date of the occurrence causing theone days from the date on which the baggage or cargo havedamage, or before the commencement of the action, if thatbeen placed at his disposal.”is later.

5. The sums mentioned in francs in this Article shall be Article XVIdeemed to refer to a currency unit consisting of sixty-five Article 34 of the Convention shall be deleted and replacedand a half milligrammes of gold of millesimal fineness nine by the following:-hundred. These sums may be converted into national

“The provisions of Articles 3 to 9 inclusive relating to docu-currencies in round figures. Conversion of the sums intoments of carriage shall not apply in the case of carriagenational currencies other than gold shall, in case of judicialperformed in extraordinary circumstances outside theproceedings, be made according to the gold value of suchnormal scope of an air carrier’s business.”currencies at the date of the judgment.”

Article XVIIArticle XII

After Article 40 of the Convention, the following Article shallbe inserted:-In Article 23 of the Convention, the existing provision shall

be renumbered as paragraph 1 and another paragraph shall “Article 40 Abe added as follows:-

1. In Article 37, paragraph 2 and Article 40, paragraph 1,“2. Paragraph 1 of this Article shall not apply to provisions the expression High Contracting Party shall mean State. Ingoverning loss or damage resulting from the inherent defect, all other cases, the expression High Contracting Party shall

mean a State whose ratification of or adherence to thequality or vice of the cargo carried.”

42


Convention has become effective and whose denunciation 3. Adherence shall be effected by the deposit of an instru-ment of adherence with the Government of the People’sthereof has not become effective.Republic of Poland and shall take effect on the ninetieth2. For the purposes of the Convention the word territoryday after the deposit.means not only the metropolitan territory of a State but also

all other territories for the foreign relations of which thatArticle XXIVState is responsible.”1. Any Party to this Protocol may denounce the Protocol

Chapter II — Scope of Application of the by notification addressed to the Government of the People’sConvention as Amended Republic of Poland.

Article XVIII 2. Denunciation shall take effect six months after the dateof receipt by the Government of the People’s Republic ofThe Convention as amended by this Protocol shall apply toPoland of the notification of denunication.international carriage as defined in Article 1 of the Conven-

tion, provided that the places of departure and destination 3. As between the Parties to this Protocol, denunciationreferred to in that Article are situated either in the territories by any of them of the Convention in accordance with Articleof two parties to this Protocol or within the territory of a 39 thereof shall not be construed in any way as a denunci-single party to this Protocol with an agreed stopping place ation of the Convention as amended by this Protocol.within the territory of another State.

Article XXVChapter III — Final Clauses

1. This Protocol shall apply to all territories for the foreignArticle XIX relations of which a State Party to this Protocol is respons-

ible, with the exception of territories in respect of which aAs between the Parties to this Protocol, the Convention anddeclaration has been made in accordance with paragraphthe Protocol shall be read and interpreted together as one2 of this Article.single instrument and shall be known as the Warsaw

Convention as amended at The Hague, 1955. 2. Any State may, at the time of deposit of its instrumentof ratification or adherence, declare that its acceptance of

Article XX this Protocol does not apply to any one or more of theterritories for the foreign relations of which such State isUntil the date on which this Protocol comes into force in

accordance with the provisions of Article XXII, paragraph 1, responsible.it shall remain open for signature on behalf of any State 3. Any State may subsequently, by notification to thewhich up to that date has ratified or adhered to the Conven- Government of the People’s Republic of Poland, extend thetion or which has participated in the Conference at which application of this Protocol to any or all of the territoriesthis Protocol was adopted. regarding which it has made a declaration in accordance

with paragraph 2 of this Article. The notification shall takeArticle XXI effect on the ninetieth day after its receipt by that1. This Protocol shall be subject to ratification by the Government.signatory States.

4. Any State Party to this Protocol may denounce it, in2. Ratification of this Protocol by any State which is not accordance with the provisions of Article XXIV, paragrapha Party to the Convention shall have the effect of adherence 1, separately for any or all of the territories for the foreignto the Convention as amended by this Protocol. relations of which such State is responsible.3. The instruments of ratification shall be deposited with

Article XXVIthe Government of the People’s Republic of Poland.

No reservation may be made to this Protocol except that aArticle XXII State may at any time declare by a notification addressed1. As soon as thirty signatory States have deposited their to the Government of the People’s Republic of Poland thatinstruments of ratification of this Protocol, it shall come into the Convention as amended by this Protocol shall not applyforce between them on the ninetieth day after the deposit to the carriage of persons, cargo and baggage for its militaryof the thirtieth instrument of ratification. It shall come into authorities on aircraft, registered in that State, the wholeforce for each State ratifying thereafter on the ninetieth day capacity of which has been reserved by or on behalf of suchafter the deposit of its instrument of ratification. authorities.

2. As soon as this Protocol comes into force it shall beArticle XXVIIregistered with the United Nations by the Government of

the People’s Republic of Poland. The Government of the People’s Republic of Poland shallgive immediate notice to the Governments of all States

Article XXIII signatories to the Convention or this Protocol, all StatesParties to the Convention or this Protocol, and all States1. This Protocol shall, after it has come into force, be openMembers of the International Civil Aviation Organization orfor adherence by any non-signatory State.of the United Nations and to the International Civil Aviation2. Adherence to this Protocol by any State which is not aOrganization:Party to the Convention shall have the effect of adherence

to the Convention as amended by this Protocol. (a) of any signature of this Protocol and the date thereof;

43


(b) of the deposit of any instrument of ratification or adher- Convention Supplementary to theence in respect of this Protocol and the date thereof; Warsaw Convention for the

Unification of Certain Rules Relating(c) of the date on which this Protocol comes into force inaccordance with Article XXII, paragraph 1; to International Carriage by Air

Performed by a Person other than the(d) of the receipt of any notification of denunciation andContracting Carrier, Signed inthe date thereof;Guadalajara on 18 September 1961(e) of the receipt of any declaration or notification made

under Article XXV and the date thereof; and (Guadalajara Convention 1961)(f) of the receipt of any notification made under Article

The States Signatory to the Present ConventionXXVI and the date thereof.Noting that the Warsaw Convention does not containIn Witness Whereof the undersigned Plenipotentiaries,particular rules relating to international carriage by airhaving been duly authorized, have signed this Protocol.performed by a person who is not a party to the agreement

Done at The Hague on the twenty-eighth day of the month for carriageof September of the year One Thousand Nine Hundred and

Considering that it is therefore desirable to formulate rulesFifty-five, in three authentic texts in the English, French andto apply in such circumstancesSpanish languages. In the case of any inconsistency, the

text in the French language, in which language the Conven- Have Agreed As Follows:tion was drawn up, shall prevail.

Article IThis Protocol shall be deposited with the Government of

In this Convention:the People’s Republic of Poland with which, in accordance(a) “Warsaw Convention” means the Convention for thewith Article XX, it shall remain open for signature, and thatUnification of Certain Rules Relating to InternationalGovernment shall send certified copies thereof to theCarriage by Air signed at Warsaw on 12 October 1929, orGovernments of all States signatories to the Convention orthe Warsaw Convention as amended at The Hague, 1955,this Protocol, all States Parties to the Convention or thisaccording to whether the carriage under the agreementProtocol, and all States Members of the International Civilreferred to in paragraph (b) is governed by the one or byAviation Organization or of the United Nations, and to thethe other;International Civil Aviation Organization.

(b) “contracting carrier” means a person who as a principalEnd makes an agreement for carriage governed by the Warsaw

Convention with a passenger or consignor or with a personacting on behalf of the passenger or consignor;

(c) “actual carrier” means a person other than thecontracting carrier, who, by virtue of authority from thecontracting carrier, performs the whole or part of the carriagecontemplated in paragraph (b) but who is not with respectto such part a successive carrier within the meaning ofthe Warsaw Convention. Such authority is presumed in theabsence of proof to the contrary.

Article II

If an actual carrier performs the whole or part of carriagewhich, according to the agreement referred to in Article I,paragraph (b), is governed by the Warsaw Convention, boththe contracting carrier and the actual carrier shall, exceptas otherwise provided in this Convention, be subject to therules of the Warsaw Convention, the former for the wholeof the carriage contemplated in the agreement, the lattersolely for the carriage which he performs.

Article III

1. The acts and omissions of the actual carrier and ofhis servants and agents acting within the scope of theiremployment shall, in relation to the carriage performed bythe actual carrier, be deemed to be also those of thecontracting carrier.

2. The acts and omissions of the contracting carrier andof his servants and agents acting within the scope of theiremployment shall, in relation to the carriage performed bythe actual carrier, be deemed to be also those of the actual

44


carrier. Nevertheless, no such act or omission shall subject Article IXthe actual carrier to liability exceeding the limits specified 1. Any contractual provision tending to relieve thein Article 22 of the Warsaw Convention. Any special agree- contracting carrier or the actual carrier of liability under thisment under which the contracting carrier assumes obliga- Convention or to fix a lower limit than that which is applicabletions not imposed by the Warsaw Convention or any waiver according to this Convention shall be null and void, but theof rights conferred by that Convention or any special nullity of any such provision does not involve the nullity ofdeclaration of interest in delivery at destination contem- the whole agreement, which shall remain subject to theplated in Article 22 of the said Convention, shall not affect provisions of this Convention.the actual carrier unless agreed to by him.

2. In respect of the carriage performed by the actualcarrier, the preceding paragraph shall not apply to contrac-

Article IV tual provisions governing loss or damage resulting from theinherent defect, quality or vice of the cargo carried.Any complaint to be made or order to be given under the

Warsaw Convention to the carrier shall have the same effect 3. Any clause contained in an agreement for carriage andwhether addressed to the contracting carrier or to the actual all special agreements entered into before the damagecarrier. Nevertheless, orders referred to in Article 12 of the occurred by which the parties purport to infringe the rulesWarsaw Convention shall only be effective if addressed to laid down by this Convention, whether by deciding the lawthe contracting carrier. to be applied, or by altering the rules as to jurisdiction, shall

be null and void. Nevertheless, for the carriage of cargoarbitration clauses are allowed, subject to this Convention,Article Vif the arbitration is to take place in one of the jurisdictionsreferred to in Article VIII.In relation to the carriage performed by the actual carrier,

any servant or agent of that carrier or of the contractingcarrier shall, if he proves that he acted within the scope of Article Xhis employment, be entitled to avail himself of the limits of

Except as provided in Article VII, nothing in this Conventionliability which are applicable under this Convention to theshall affect the rights and obligations of the two carrierscarrier whose servant or agent he is unless it is proved thatbetween themselves.he acted in a manner which, under the Warsaw Convention,

prevents the limits of liability from being invoked.Article XI

Until the date on which the Convention comes into force inArticle VIaccordance with the provisions of Article XIII, it shall remain

In relation to the carriage performed by the actual carrier, open for signature on behalf of any State which at thatthe aggregate of the amounts recoverable from that carrier date is a Member of the United Nations or of any of theand the contracting carrier, and from their servants and Specialized Agencies.agents acting within the scope of their employment, shallnot exceed the highest amount which could be awarded Article XIIagainst either the contracting carrier or the actual carrier

1. This Convention shall be subject to ratification by theunder this Convention, but none of the persons mentionedsignatory States.shall be liable for a sum in excess of the limit applicable to

him. 2. The instruments of ratification shall be deposited withthe Government of the United States of Mexico.

Article VIIArticle XIIIIn relation to the carriage performed by the actual carrier,

an action for damages may be brought, at the option of the 1. As soon as five of the signatory States have depositedplaintiff, against that carrier or the contracting carrier, or their instruments of ratification of this Convention, it shallagainst both together or separately. If the action is brought come into force between them on the ninetieth day after

the date of the deposit of the fifth instrument of ratification.against only one of those carriers, that carrier shall haveIt shall come into force for each State ratifying thereafterthe right to require the other carrier to be joined in theon the ninetieth day after the deposit of its instrument ofproceedings, the procedure and effects being governed byratification.the law of the court seised of the case.

2. As soon as this Convention comes into force, it shallbe registered with the United Nations and the InternationalArticle VIIICivil Aviation Organization by the Government of the United

Any action for damages contemplated in Article VII of this States of Mexico.Convention must be brought, at the option of the plaintiff,either before a court in which an action may be brought

Article XIVagainst the contracting carrier, as provided in Article 28 ofthe Warsaw Convention, or before the court having jurisdic- 1. This Convention shall, after it has come into force, betion at the place where the actual carrier is ordinarily resident open for accession by any State Member of the United

Nations or of any of the Specialized Agencies.or has his principal place of business.

45


2. The accession of a State shall be effected by the deposit This Convention shall be deposited with the Governmentof the United States of Mexico with which in accordanceof an instrument of accession with the Government of the

United States of Mexico and shall take effect as from the with Article XI, it shall remain open for signature, and thatGovernment shall send certified copies thereof to the Inter-ninetieth day after the date of such deposit.national Civil Aviation Organization and to all StatesMembers of the United Nations or of any SpecializedArticle XVAgency.

1. Any Contracting State may denounce this Conventionby notification addressed to the Government of the United EndStates of Mexico.

2. Denunciation shall take effect six months after the dateof receipt by the Government of the United States of Mexicoof the notification of denunciation.

Article XVI

1. Any Contracting State may at the time of its ratificationof or accession to this Convention or at any time thereafterdeclare by notification to the Government of the UnitedStates of Mexico that the Convention shall extend to anyof the territories for whose international relations it isresponsible.

2. The Convention shall, ninety days after the date of thereceipt of such notification by the Government of the UnitedStates of Mexico, extend to the territories named therein.

3. Any Contracting State may denounce this Convention,in accordance with the provisions of Article XV, separatelyfor any or all of the territories for the international relationsof which such State is responsible.

Article XVII

No reservation may be made to this Convention.

Article XVIII

The Government of the United States of Mexico shall givenotice to the International Civil Aviation Organization andto all States Members of the United Nations or of any of theSpecialized Agencies:

(a) of any signature of this Convention and the datethereof;

(b) of the deposit of any instrument of ratification or acces-sion and the date thereof;

(c) of the date on which this Convention comes into forcein accordance with Article XIII, paragraph 1;

(d) of the receipt of any notification of denunciation andthe date thereof.

(e) of the receipt of any declaration or notification madeunder Article XVI and the date thereof.

In Witness Whereof the undersigned Plenipotentiaries,having been duly authorized, have signed this Convention.

Done at Guadalajara on the eighteenth day of SeptemberOne Thousand Nine Hundred and Sixty-one in three authen-tic texts drawn up in the English, French and Spanishlanguages. In case of any inconsistency, the text in theFrench language, in which language the Warsaw Conven-tion of 12 October 1929 was drawn up, shall prevail. TheGovernment of the United States of Mexico will establishan official translation of the text of the Convention in theRussian language.

46


Article 6Additional Protocol No. 4 to AmendConvention for the Unification of 1. The air waybill shall be made out by the consignor inCertain Rules Relating to International three original parts.Carriage By Air Signed At Warsaw on

2. The first part shall be marked “for the carrier”; it shall12 October 1929, As Amended By the be signed by the consignor. The second part shall be markedProtocol Done at the Hague on 28 “for the consignee”; it shall be signed by the consignor andSeptember 1955, Signed at Montreal by the carrier. The third part shall be signed by the carrieron 25 September 1975 and handed by him to the consignor after the cargo has

been accepted.(Additional Protocol No. 4 To The3. The signature of the carrier and that of the consignorWarsaw Convention)may be printed or stamped.

The Governments Undersigned 4. If, at the request of the consignor, the carrier makesout the air waybill, he shall be deemed, subject to proof toConsidering that it is desirable to amend the Conventionthe contrary, to have done so on behalf of the consignor.for the Unification of Certain Rules Relating to International

Carriage by Air signed at Warsaw on 12 October 1929 as Article 7amended by the Protocol done at The Hague on 28 Septem-

When there is more than one package:ber 1955,(a) the carrier of cargo has the right to require theHave Agreed As Follows:consignor to make out separate air waybills;

(b) the consignor has the right to require the carrier toChapter I — Amendments to the Conventiondeliver separate receipts when the other means referred to

Article I in paragraph 2 of Article 5 are used.The Convention which the provisions of the present Chapter Article 8modify is the Warsaw Convention as amended at The Hague

The air waybill and the receipt for the cargo shall contain:in 1955.(a) an indication of the places of departure and destination;Article II(b) if the places of departure and destination are withinIn Article 2 of the Convention- paragraph 2 shall be deletedthe territory of a single High Contracting Party, one or moreand replaced by the following:agreed stopping places being within the territory of another

“2. In the carriage of postal items the carrier shall be liable State, an indication of at least one such stopping place; andonly to the relevant postal administration in accordance with

(c) an indication of the weight of the consignment.the rules applicable to the relationship between the carriersand the postal administrations. Article 93. Except as provided in paragraph 2 of this Article, the Non-compliance with the provisions of Articles 5 to 8 shallprovisions of this Convention shall not apply to the carriage not affect the existence or the validity of the contract ofof postal items.” carriage, which shall, none the less, be subject to the rules

of this Convention including those relating to limitation ofArticle III liability.

In Chapter II of the Convention- Section III (Articles 5 to 16) Article 10shall be deleted and replaced by the following: 1. The consignor is responsible for the correctness of the

particulars and statements relating to the cargo inserted by“Section III.-Documentation relating to cargohim or on his behalf in the air waybill or furnished by himArticle 5 or on his behalf to the carrier for insertion in the receipt for

1. In respect of the carriage of cargo an air waybill shall the cargo or for insertion in the record preserved by thebe delivered. other means referred to in paragraph 2 of Article 5.

2. Any other means which would preserve a record of 2. The consignor shall indemnify the carrier against allthe carriage to be performed may, with the consent of the damage suffered by him, or by any other person to whom theconsignor, be substituted for the delivery of an air waybill. carrier is liable, by reason of the irregularity, incorrectness orIf such other means are used, the carrier shall, if so incompleteness of the particulars and statements furnishedrequested by the consignor, deliver to the consignor a by the consignor or on his behalf.receipt for the cargo permitting identification of the consign- 3. Subject to the provisions of paragraphs 1 and 2 of thisment and access to the information contained in the record Article, the carrier shall indemnify the consignor against allpreserved by such other means. damage suffered by him, or by any other person to whom

the consignor is liable, by reason of the irregularity, incor-3. The impossibility of using, at points of transit anddestination, the other means which would preserve the rectness or incompleteness of the particulars and state-

ments inserted by the carrier or on his behalf in the receiptrecord of the carriage referred to in paragraph 2 of thisArticle does not entitle the carrier to refuse to accept the for the cargo or in the record preserved by the other means

referred to in paragraph 2 of Article 5.cargo for carriage.

47


Article 11 Article 15

1. The air waybill or the receipt for the cargo is prima facie 1. Articles 12, 13 and 14 do not affect either the relationsevidence of the conclusion of the contract, of the acceptance of the consignor and the consignee with each other or theof the cargo and of the conditions of carriage mentioned mutual relations of third parties whose rights are derivedtherein. either from the consignor or from the consignee.2. Any statements in the air waybill or the receipt for the 2. The provisions of Articles 12, 13 and 14 can only becargo relating to the weight, dimensions and packing of the varied by express provision in the air waybill or the receiptcargo, as well as those relating to the number of packages, for the cargo.are prima facie evidence of the facts stated; those relating

Article 16to the quantity, volume and condition of the cargo do notconstitute evidence against the carrier except so far as they 1. The consignor must furnish such information and suchboth have been, and are stated in the air waybill to have documents as are necessary to meet the formalities ofbeen, checked by him in the presence of the consignor, or customs, octroi or police before the cargo can be deliveredrelate to the apparent condition of the cargo. to the consignee. The consignor is liable to the carrier for

any damage occasioned by the absence, insufficiency orArticle 12irregularity of any such information or documents, unless1. Subject to his liability to carry out all his obligationsthe damage is due to the fault of the carrier, his servantsunder the contract of carriage, the consignor has the rightor agents.to dispose of the cargo by withdrawing it at the airport of

departure or destination, or by stopping it in the course of 2. The carrier is under no obligation to enquire into thethe journey on any landing, or by calling for it to be delivered correctness or sufficiency of such information orat the place of destination or in the course of the journey documents.”to a person other than the consignee originally designated,or by requiring it to be returned to the airport of departure. Article IVHe must not exercise this right of disposition in such a wayas to prejudice the carrier or other consignors and he must Article 18 of the Convention shall be deleted and replacedrepay any expenses occasioned by the exercise of this right. by the following:

2. If it is impossible to carry out the orders of the consignor “Article 18the carrier must so inform him forthwith.

1. The carrier is liable for damage sustained in the event3. If the carrier obeys the orders of the consignor for the of the destruction or loss of, or damage to, any registereddisposition of the cargo without requiring the production of baggage, if the occurrence which caused the damage sothe part of the air waybill or the receipt for the cargo delivered sustained took place during the carriage by air.to the latter, he will be liable, without prejudice to his right

2. The carrier is liable for damage sustained in the eventof recovery from the consignor, for any damage which mayof the destruction or loss of, or damage to, cargo uponbe caused thereby to any person who is lawfully in posses-condition only that the occurrence which caused the damagesion of that part of the air waybill or the receipt for the cargo.so sustained took place during the carriage by air.4. The right conferred on the consignor ceases at the

moment when that of the consignee begins in accordance 3. However, the carrier is not liable if he proves that thewith Article 13. Nevertheless, if the consignee declines to destruction, loss of, or damage to, the cargo resulted solelyaccept the cargo, or if he cannot be communicated with, from one or more of the following:the consignor resumes his right of disposition.

(a) inherent defect, quality or vice of that cargo;Article 13

(b) defective packing of that cargo performed by a person1. Except when the consignor has exercised his right other than the carrier or his servants or agents;under Article 12, the consignee is entitled, on arrival of the

(c) an act of war or an armed conflict;cargo at the place of destination, to require the carrier todeliver the cargo to him, on payment of the charges due (d) an act of public authority carried out in connexion withand on complying with the conditions of carriage. the entry, exit or transit of the cargo.2. Unless it is otherwise agreed, it is the duty of the carrier

4. The carriage by air within the meaning of the precedingto give notice to the consignee as soon as the cargo arrives.paragraphs of this Article comprises the period during which

3. If the carrier admits the loss of the cargo, or if the cargo the baggage or cargo is in the charge of the carrier, whetherhas not arrived at the expiration of seven days after the in an airport or on board an aircraft, or, in the case of adate on which it ought to have arrived, the consignee is landing outside an airport, in any place whatsoever.entitled to enforce against the carrier the rights which flow

5. The period of the carriage by air does not extend tofrom the contract of carriage.any carriage by land, by sea or by river performed outside

Article 14 an airport. If, however, such carriage takes place in theperformance of a contract for carriage by air, for the purposeThe consignor and the consignee can respectively enforce

all the rights given them by Articles 12 and 13, each in his of loading, delivery or transhipment, any damage ispresumed, subject to proof to the contrary, to have beenown name, whether he is acting in his own interest or in

the interest of another, provided that he carries out the the result of an event which took place during the carriageby air.”obligations imposed by the contract of carriage.

48


Article V Fund, in effect at the date of the judgment, for its operationsand transactions. The value of a national currency, in termsArticle 20 of the Convention shall be deleted and replacedof the Special Drawing Right, of a High Contracting Partyby the following:which is not a Member of the International Monetary Fund,

“Article 20 shall be calculated in a manner determined by that HighContracting Party. Nevertheless, those States which are notIn the carriage of passengers and baggage, and in the caseMembers of the International Monetary Fund and whoseof damage occasioned by delay in the carriage of cargo,law does not permit the application of the provisions ofthe carrier shall not be liable if he proves that he and hisparagraph 2 (b) of Article 22 may, at the time of ratificationservants and agents have taken all necessary measures toor accession or at any time thereafter, declare that the limitavoid the damage or that it was impossible for them to takeof liability of the carrier in judicial proceedings in their territor-such measures.”ies is fixed at a sum of two hundred and fifty monetary unitsper kilogramme. This monetary unit corresponds to sixty-Article VIfive and a half milligrammes of gold of millesimal fineness

Article 21 of the Convention shall be deleted and replaced nine hundred. This sum may be converted into the nationalby the following: currency concerned in round figures. The conversion of this

sum into the national currency shall be made according to“Article 21the law of the State concerned.”

1. In the carriage of passengers and baggage, if the carrierproves that the damage was caused by or contributed to Article VIIIby the negligence of the person suffering the damage the

Article 24 of the Convention shall be deleted and replacedCourt may, in accordance with the provisions of its own law,by the following:exonerate the carrier wholly or partly from his liability.“Article 242. In the carriage of cargo, if the carrier proves that the

damage was caused by or contributed to by the negligence 1. In the carriage of passengers and baggage, any actionor other wrongful act or omission of the person claiming for damages, however founded, can only be brought subjectcompensation, or the person from whom he derives his to the conditions and limits set out in this Convention, withoutrights, the carrier shall be wholly or partly exonerated from prejudice to the question as to who are the persons whohis liability to the claimant to the extent that such negligence have the right to bring suit and what are their respectiveor wrongful act or omission caused or contributed to the rights.damage.” 2. In the carriage of cargo, any action for damages,

however founded, whether under this Convention or inArticle VII contract or in tort or otherwise, can only be brought subject to

the conditions and limits of liability set out in this ConventionIn Article 22 of the Convention-without prejudice to the question as to who are the persons(a) in paragraph 2 (a) the words “and of cargo” shall be who have the right to bring suit and what are their respectivedeleted. rights. Such limits of liability constitute maximum limits and

(b) after paragraph 2 (a) the following paragraph shall be may not be exceeded whatever the circumstances whichinserted:- gave rise to the liability.”

“(b) in the carriage of cargo, the liability of the carrier isArticle IXlimited to a sum of 17 Special Drawing Rights per kilo-Article 25 of the Convention shall be deleted and replacedgramme, unless the consignor has made, at the time whenby the following:the package was handed over to the carrier, a special

declaration of interest in delivery at destination and has paid “Article 25a supplementary sum if the case so requires. In that case

In the carriage of passengers and baggage, the limits ofthe carrier will be liable to pay a sum not exceeding theliability specified in Article 22 shall not apply if it is proveddeclared sum, unless he proves that the sum is greater thanthat the damage resulted from an act or omission of thethe consignor’s actual interest in delivery at destination.”carrier, his servants or agents, done with intent to cause

(c) paragraph 2 (b) shall be designated as paragraph 2 (c). damage or recklessly and with knowledge that damagewould probably result; provided that, in the case of such act(d) after paragraph 5 the following paragraph shall beor omission of a servant or agent, it is also proved that heinserted:-was acting within the scope of his employment.”

“6. The sums mentioned in terms of the Special DrawingRight in this Article shall be deemed to refer to the Special Article XDrawing Right as defined by the International Monetary

In Article 25 A of the Convention- paragraph 3 shall beFund. Conversion of the sums into national currencies shall,deleted and replaced by the following:in case of judicial proceedings, be made according to the

value of such currencies in terms of the Special Drawing “3. In the carriage of passengers and baggage, the provi-Right at the date of the judgment. The value of a national sions of paragraphs 1 and 2 of this Article shall not applycurrency, in terms of the Special Drawing Right, of a High if it is proved that the damage resulted from an act or omis-Contracting Party which is a Member of the International sion of the servant or agent done with intent to causeMonetary Fund, shall be calculated in accordance with the damage or recklessly and with knowledge that damagemethod of valuation applied by the International Monetary would probably result.”

49


Article XI 2. Ratification of this Protocol by any State which is not aParty to the Warsaw Convention or by any State which isAfter Article 30 of the Convention, the following Article shallnot a Party to the Warsaw Convention as amended at Thebe inserted:-Hague, 1955, shall have the effect of accession to the

“Article 30 A Warsaw Convention as amended at The Hague, 1955, andby Protocol No. 4 of Montreal, 1975.Nothing in this Convention shall prejudice the question

whether a person liable for damage in accordance with its 3. The instruments of ratification shall be deposited withprovisions has a right of recourse against any other person.” the Government of the Polish People’s Republic.

Article XVIIIArticle XII1. As soon as thirty signatory States have deposited theirArticle 33 of the Convention shall be deleted and replacedinstruments of ratification of this Protocol, it shall come intoby the following:force between them on the ninetieth day after the deposit

“Article 33 of the thirtieth instrument of ratification. It shall come intoforce for each State ratifying thereafter on the ninetieth dayExcept as provided in paragraph 3 of Article 5, nothing inafter the deposit of its instrument of ratification.this Convention shall prevent the carrier either from refusing

to enter into any contract of carriage or from making regula- 2. As soon as this Protocol comes into force it shall betions which do not conflict with the provisions of this registered with the United Nations by the Government ofConvention.” the Polish People’s Republic.

Article XIII Article XIX

Article 34 of the Convention shall be deleted and replaced 1. This Protocol, after it has come into force, shall be openby the following: for accession by any non-signatory State.

2. Accession to this Protocol by any State which is not a“Article 34Party to the Warsaw Convention or by any State which isThe provisions of Articles 3 to 8 inclusive relating to docu- not a Party to the Warsaw Convention as amended at Thements of carriage shall not apply in the case of carriage Hague, 1955, shall have the effect of accession to theperformed in extraordinary circumstances outside the Warsaw Convention as amended at The Hague, 1955, andnormal scope of an air carrier’s business.” by Protocol No. 4 of Montreal, 1975.

3. Accession shall be effected by the deposit of an instru-Chapter II — Scope of Application of thement of accession with the Government of the PolishConvention as Amended People’s Republic and shall take effect on the ninetieth day

Article XIV after the deposit.

The Warsaw Convention as amended at The Hague in 1955Article XXand by this Protocol shall apply to international carriage as1. Any Party to this Protocol may denounce the Protocoldefined in Article 1 of the Convention, provided that theby notification addressed to the Government of the Polishplaces of departure and destination referred to in that ArticlePeople’s Republic.are situated either in the territories of two Parties to this

Protocol or within the territory of a single Party to this Proto- 2. Denunciation shall take effect six months after the datecol with an agreed stopping place in the territory of another of receipt by the Government of the Polish People’s RepublicState. of the notification of denunciation.

3. As between the Parties to this Protocol, denunciationChapter III — Final Clauses by any of them of the Warsaw Convention in accordancewith Article 39 thereof or of The Hague Protocol in accord-Article XVance with Article XXIV thereof shall not be construed inAs between the Parties to this Protocol, the Warsaw any way as a denunciation of the Warsaw Convention asConvention as amended at The Hague in 1955 and this amended at The Hague, 1955, and by Protocol No. 4 ofProtocol shall be read and interpreted together as one single Montreal, 1975.instrument and shall be known as the Warsaw Convention

as amended at The Hague, 1955, and by Protocol No. 4 of Article XXIMontreal, 1975.

1. Only the following reservations may be made to thisProtocol:-Article XVI(a) a State may at any time declare by a notificationUntil the date on which this Protocol comes into force inaddressed to the Government of the Polish People’s Repub-accordance with the provisions of Article XVIII, it shalllic that the Warsaw Convention as amended at The Hague,remain open for signature by any State.1955, and by Protocol No. 4 of Montreal, 1975, shall notapply to the carriage of persons, baggage and cargo for its

Article XVII military authorities on aircraft, registered in that State, thewhole capacity of which has been reserved by or on behalf1. This Protocol shall be subject to ratification by the

signatory States. of such authorities; and

50


(b) any State may declare at the time of ratification of or Civil Aviation Organization shall promptly inform the Govern-ment of the Polish People’s Republic of any signature andaccession to the Additional Protocol No. 3 of Montreal, 1975,

or at any time thereafter, that it is not bound by the provisions the date thereof during the time that the Protocol shall beopen for signature at the Headquarters of the Internationalof the Warsaw Convention as amended at The Hague, 1955,

and by Protocol No. 4 of Montreal, 1975, in so far as they Civil Aviation Organization.relate to the carriage of passengers and baggage. Such In Witness Whereof the undersigned Plenipotentiaries,declaration shall have effect ninety days after the date of having been duly authorized, have signed this Protocol.receipt of the declaration by the Government of the Polish

Done at Montreal on the twenty-fifth day of September ofPeople’s Republic.the year One Thousand Nine Hundred and Seventy-five in

2. Any State having made a reservation in accordance four authentic texts in the English, French, Russian andwith the preceding paragraph may at any time withdraw Spanish languages. In the case of any inconsistency, thesuch reservation by notification to the Government of the text in the French language, in which language the WarsawPolish People’s Republic. Convention of 12 October 1929 was drawn up, shall prevail.

Article XXII EndThe Government of the Polish People’s Republic shallpromptly inform all States Parties to the Warsaw Conventionor to that Convention as amended, all signatory or accedingStates to the present Protocol, as well as the InternationalCivil Aviation Organization, of the date of each signature,the date of deposit of each instrument of ratification or acces-sion, the date of coming into force of this Protocol, and otherrelevant information.

Article XXIII

As between the Parties to this Protocol which are alsoParties to the Convention, Supplementary to the WarsawConvention, for the Unification of Certain Rules Relating toInternational Carriage by Air Performed by a Person Otherthan the Contracting Carrier, signed at Guadalajara on 18September 1961 (hereinafter referred to as the “GuadalajaraConvention”) any reference to the “Warsaw Convention”contained in the Guadalajara Convention shall include refer-ence to the Warsaw Convention as amended at The Hague,1955, and by Protocol No. 4 of Montreal, 1975, in caseswhere the carriage under the agreement referred to inArticle 1, paragraph (b) of the Guadalajara Convention isgoverned by this Protocol.

Article XXIV

If two or more States are Parties both to this Protocol andto the Guatemala City Protocol, 1971, or to the AdditionalProtocol No. 3 of Montreal, 1975, the following rules shallapply between them:

(a) the provisions resulting from the system establishedby this Protocol, concerning cargo and postal items, shallprevail over the provisions resulting from the system estab-lished by the Guatemala City Protocol, 1971, or by the Addi-tional Protocol No. 3 of Montreal, 1975;

(b) the provisions resulting from the system establishedby the Guatemala City Protocol, 1971, or by the AdditionalProtocol No. 3 of Montreal, 1975, concerning passengersand baggage, shall prevail over the provisions resulting fromthe system established by this Protocol.

Article XXV

This Protocol shall remain open for signature until 1 January1976 at the Headquarters of the International Civil AviationOrganization and thereafter until it comes into force inaccordance with Article XVIII at the Ministry for ForeignAffairs of the Polish People’s Republic. The International

51


4. This Convention applies also to carriage as set out inConvention for the Unification ofChapter V, subject to the terms contained therein.Certain Rules for International

Carriage by Air (Montreal, 28 MayArticle 2 — Carriage performed by State and carriage1999)of postal items

(Montreal Convention 1999) 1. This Convention applies to carriage performed by theState or by legally constituted public bodies provided it falls

The States Parties To This Convention within the conditions laid down in Article 1.

Recognizing the significant contribution of the Convention 2. In the carriage of postal items, the carrier shall be liablefor the Unification of Certain Rules relating to International only to the relevant postal administration in accordance withCarriage by Air signed in Warsaw on 12 October 1929, the rules applicable to the relationship between the carriershereinafter referred to as the “Warsaw Convention”, and and the postal administrations.other related instruments to the harmonization of private

3. Except as provided in paragraph 2 of this Article, theinternational air law;provisions of this Convention shall not apply to the carriage

Recognizing the need to modernize and consolidate the of postal items.Warsaw Convention and related instruments;

Chapter II — Documentation and DutiesRecognizing the importance of ensuring protection of theof the Parties Relating to the Carriageinterests of consumers in international carriage by air and

of Passengers, Baggage and Cargothe need for equitable compensation based on the principleof restitution;

Article 3 — Passengers and baggageReaffirming the desirability of an orderly development of1. In respect of carriage of passengers, an individual orinternational air transport operations and the smooth flowcollective document of carriage shall be deliveredof passengers, baggage and cargo in accordance with thecontaining:principles and objectives of the Convention on International

Civil Aviation, done at Chicago on 7 December 1944; (a) an indication of the places of departure and destination;Convinced that collective State action for further harmon- (b) if the places of departure and destination are withinization and codification of certain rules governing interna- the territory of a single State Party, one or more agreedtional carriage by air through a new Convention is the most stopping places being within the territory of another State,adequate means of achieving an equitable balance of an indication of at least one such stopping place.interests;

2. Any other means which preserves the information indic-Have Agreed As Follows: ated in paragraph 1 may be substituted for the delivery of

the document referred to in that paragraph. If any suchother means is used, the carrier shall offer to deliver toChapter 1 — General Provisionsthe passenger a written statement of the information so

Article 1 — Scope of application preserved.1. This Convention applies to all international carriage of 3. The carrier shall deliver to the passenger a baggagepersons, baggage or cargo performed by aircraft for reward. identification tag for each piece of checked baggage.It applies equally to gratuitous carriage by aircraft performed

4. The passenger shall be given written notice to the effectby an air transport undertakingthat where this Convention is applicable it governs and may

2. For the purposes of this Convention, the expression limit the liability of carriers in respect of death or injury and“international carriage” means any carriage in which, for destruction or loss of, or damage to, baggage, and foraccording to the agreement between the parties, the place delay.of departure and the place of destination, whether or not

5. Non-compliance with the provisions of the foregoingthere be a break in the carriage or a transhipment, areparagraphs shall not affect the existence or the validity ofsituated either within the territories of two States Parties, orthe contract of carriage, which shall, nonetheless, be subjectwithin the territory of a single State Party if there is an agreedto the rules of this Convention including those relating tostopping place within the territory of another State, even iflimitation of liability.that State is not a State Party. Carriage between two points

within the territory of a single State Party without an agreedArticle 4 — Cargostopping place within the territory of another State is not

international carriage for the purposes of this Convention. 1. In respect of the carriage of cargo, an air waybill shallbe delivered.3. Carriage to be performed by several successive carriers

is deemed, for the purposes of this Convention, to be one 2. Any other means which preserves a record of thecarriage to be performed may be substituted for the deliveryundivided carriage if it has been regarded by the parties as

a single operation, whether it had been agreed upon under of an air waybill. If such other means are used, the carriershall, if so requested by the consignor, deliver to thethe form of a single contract or of a series of contracts, and

it does not lose its international character merely because consignor a cargo receipt permitting identification of theconsignment and access to the information contained in theone contract or a series of contracts is to be performed

entirely within the territory of the same State. record preserved by such other means.

52


Article 5 — Contents of air waybill or cargo receipt 2. The consignor shall indemnify the carrier against alldamage suffered by it, or by any other person to whom theThe air waybill or the cargo receipt shall include:carrier is liable, by reason of the irregularity, incorrectness

(a) an indication of the places of departure and destination; or incompleteness of the particulars and statementsfurnished by the consignor or on its behalf.(b) if the places of departure and destination are within

the territory of a single State Party, one or more agreed 3. Subject to the provisions of paragraphs 1 and 2 of thisstopping places being within the territory of another State,Article, the carrier shall indemnify the consignor against allan indication of at least one such stopping place; anddamage suffered by it, or by any other person to whom the

(c) an indication of the weight of the consignment. consignor is liable, by reason of the irregularity, incor-rectness or incompleteness of the particulars and state-

Article 6 — Document relating to the nature of the cargo ments inserted by the carrier or on its behalf in the cargoreceipt or in the record preserved by the other meansThe consignor may be required, if necessary, to meet thereferred to in paragraph 2 of Article 4.formalities of customs, police and similar public authorities

to deliver a document indicating the nature of the cargo.This provision creates for the carrier no duty, obligation or Article 11 — Evidentiary value of documentationliability resulting therefrom.

1. The air waybill or the cargo receipt is prima facie evid-Article 7 — Description of air waybill ence of the conclusion of the contract, of the acceptance

of the cargo and of the conditions of carriage mentioned1. The air waybill shall be made out by the consignor intherein.three original parts.2. Any statements in the air waybill or the cargo receipt2. The first part shall be marked “for the carrier”; it shallrelating to the weight, dimensions and packing of the cargo,be signed by the consignor. The second part shall be markedas well as those relating to the number of packages, are“for the consignee”; it shall be signed by the consignor andprima facie evidence of the facts stated; those relating to theby the carrier. The third part shall be signed by the carrier

who shall hand it to the consignor after the cargo has been quantity, volume and condition of the cargo do not constituteaccepted. evidence against the carrier except so far as they both have

been, and are stated in the air waybill or the cargo receipt3. The signature of the carrier and that of the consignorto have been, checked by it in the presence of the consignor,may be printed or stamped.or relate to the apparent condition of the cargo.

4. If, at the request of the consignor, the carrier makesout the air waybill, the carrier shall be deemed, subject to

Article 12 — Right of disposition of cargoproof to the contrary, to have done so on behalf of theconsignor. 1. Subject to its liability to carry out all its obligations under

the contract of carriage, the consignor has the right toArticle 8 — Documentation for multiple packages dispose of the cargo by withdrawing it at the airport of depar-When there is more than one package: ture or destination, or by stopping it in the course of the

journey on any landing, or by calling for it to be delivered(a) the carrier of cargo has the right to require theat the place of destination or in the course of the journeyconsignor to make out separate air waybills;to a person other than the consignee originally designated,

(b) the consignor has the right to require the carrier to or by requiring it to be returned to the airport of departure.deliver separate cargo receipts when the other means The consignor must not exercise this right of disposition inreferred to in paragraph 2 of Article 4 are used. such a way as to prejudice the carrier or other consignors

and must reimburse any expenses occasioned by the exer-Article 9 — Non-compliance with documentary cise of this right.requirements

2. If it is impossible to carry out the instructions of theNon-compliance with the provisions of Articles 4 to 8 shallconsignor, the carrier must so inform the consignor forthwith.not affect the existence or the validity of the contract of

carriage, which shall, nonetheless, be subject to the rules 3. If the carrier carries out the instructions of the consignorof this Convention including those relating to limitation of for the disposition of the cargo without requiring the produc-liability. tion of the part of the air waybill or the cargo receipt delivered

to the latter, the carrier will be liable, without prejudice toArticle 10 — Responsibility for particulars of its right of recovery from the consignor, for any damagedocumentation

which may be caused thereby to any person who is lawfully1. The consignor is responsible for the correctness of the in possession of that part of the air waybill or the cargoparticulars and statements relating to the cargo inserted by receipt.it or on its behalf in the air waybill or furnished by it or on

4. The right conferred on the consignor ceases at theits behalf to the carrier for insertion in the cargo receipt ormoment when that of the consignee begins in accordancefor insertion in the record preserved by the other meanswith Article 13. Nevertheless, if the consignee declines toreferred to in paragraph 2 of Article 4. The foregoing shallaccept the cargo, or cannot be communicated with, thealso apply where the person acting on behalf of the

consignor is also the agent of the carrier. consignor resumes its right of disposition.

53


Article 13 — Delivery of the cargo during any period within which the checked baggage wasin the charge of the carrier. However, the carrier is not1. Except when the consignor has exercised its right underliable if and to the extent that the damage resulted from theArticle 12, the consignee is entitled, on arrival of the cargoinherent defect, quality or vice of the baggage. In the caseat the place of destination, to require the carrier to deliverof unchecked baggage, including personal items, the carrierthe cargo to it, on payment of the charges due and onis liable if the damage resulted from its fault or that of itscomplying with the conditions of carriage.servants or agents.

2. Unless it is otherwise agreed, it is the duty of the carrier3. If the carrier admits the loss of the checked baggage,to give notice to the consignee as soon as the cargo arrives.or if the checked baggage has not arrived at the expiration3. If the carrier admits the loss of the cargo, or if the cargo of twenty-one days after the date on which it ought to havehas not arrived at the expiration of seven days after the arrived, the passenger is entitled to enforce against thedate on which it ought to have arrived, the consignee iscarrier the rights which flow from the contract of carriage.entitled to enforce against the carrier the rights which flow

from the contract of carriage. 4. Unless otherwise specified, in this Convention the term“baggage” means both checked baggage and unchecked

Article 14 — Enforcement of the rights of consignor baggage.and consignee

The consignor and the consignee can respectively enforce Article 18 — Damage to cargoall the rights given to them by Articles 12 and 13, each in

1. The carrier is liable for damage sustained in the eventits own name, whether it is acting in its own interest orof the destruction or loss of or damage to, cargo upon condi-in the interest of another, provided that it carries out thetion only that the event which caused the damage soobligations imposed by the contract of carriage.sustained took place during the carriage by air.

Article 15 — Relations of consignor and consignee or 2. However, the carrier is not liable if and to the extent itmutual relations of third parties proves that the destruction, or loss of, or damage to, the1. Articles 12, 13 and 14 do not affect either the relations cargo resulted from one or more of the following:of the consignor and the consignee with each other or the

(a) inherent defect, quality or vice of that cargo;mutual relations of third parties whose rights are derivedeither from the consignor or from the consignee. (b) defective packing of that cargo performed by a person

other than the carrier or its servants or agents;2. The provisions of Articles 12, 13 and 14 can only bevaried by express provision in the air waybill or the cargo

(c) an act of war or an armed conflict;receipt.(d) an act of public authority carried out in connection with

Article 16 — Formalities of customs, police or other the entry, exit or transit of the cargo.public authorities

3. The carriage by air within the meaning of paragraph 11. The consignor must furnish such information and such of this Article comprises the period during which the cargodocuments as are necessary to meet the formalities of is in the charge of the carrier.customs, police and any other public authorities before thecargo can be delivered to the consignee. The consignor 4. The period of the carriage by air does not extend to anyis liable to the carrier for any damage occasioned by the carriage by land, by sea or by inland waterway performedabsence, insufficiency or irregularity of any such information outside an airport. If, however, such carriage takes placeor documents, unless the damage is due to the fault of the in the performance of a contract for carriage by air, for thecarrier, its servants or agents. purpose of loading, delivery or transhipment, any damage

is presumed, subject to proof to the contrary, to have been2. The carrier is under no obligation to enquire into thethe result of an event which took place during the carriagecorrectness or sufficiency of such information or documents.by air. If a carrier, without the consent of the consignor,substitutes carriage by another mode of transport for theChapter III — Liability of the Carrier andwhole or part of a carriage intended by the agreementExtent of Compensation for Damagebetween the parties to be carriage by air, such carriage byanother mode of transport is deemed to be within the periodArticle 17 — Death and injury of passengers — damageof carriage by air.to baggage

1. The carrier is liable for damage sustained in case ofArticle 19 — Delaydeath or bodily injury of a passenger upon condition only

that the accident which caused the death or injury took place The carrier is liable for damage occasioned by delay in theon board the aircraft or in the course of any of the operations carriage by air of passengers, baggage or cargo. Neverthe-of embarking or disembarking. less, the carrier shall not be liable for damage occasioned

by delay if it proves that it and its servants and agents took2. The carrier liable for damage sustained in case ofall measures that could reasonably be required to avoid thedestruction or loss of, or of damage to, checked baggagedamage or that it was impossible for it or them to take suchupon condition only that the event which caused the destruc-

tion, loss or damage took place on board the aircraft or measures.

54


Article 20 — Exoneration 4. In the case of destruction, loss, damage or delay of partof the cargo, or of any object contained therein, the weight

If the carrier proves that the damage was caused or contrib- to be taken into consideration in determining the amount touted to by the negligence or other wrongful act or omission which the carrier’s liability is limited shall be only the totalof the person claiming compensation, or the person from weight of the package or packages concerned. Neverthe-whom he or she derives his or her rights, the carrier shall less, when the destruction, loss, damage or delay of a partbe wholly or partly exonerated from its liability to the claimant of the cargo, or of an object contained therein, affects theto the extent that such negligence or wrongful act or omis- value of other packages covered by the same air waybill,sion caused or contributed to the damage. When by reason or the same receipt or, if they were not issued, by the sameof death or injury of a passenger compensation is claimed record preserved by the other means referred to in para-by a person other than the passenger, the carrier shall graph 2 of Article 4, the total weight of such package orlikewise be wholly or partly exonerated from its liability to packages shall also be taken into consideration in determin-the extent that it proves that the damage was caused or ing the limit of liability.contributed to by the negligence or other wrongful act or

5. The foregoing provisions of paragraphs 1 and 2 of thisomission of that passenger. This Article applies to all theArticle shall not apply if it is proved that the damage resultedliability provisions in this Convention, including paragraphfrom an act or omission of the carrier, its servants or agents,1 of Article 21.done with intent to cause damage or recklessly and withknowledge that damage would probably result; providedArticle 21 — Compensation in case of death or injurythat, in the case of such act or omission of a servant orof passengersagent, it is also proved that such servant or agent was acting

1. For damages arising under paragraph 1 of Article 17 within the scope of its employment.not exceeding 100,000 Special Drawing Rights for each 6. The limits prescribed in Article 21 and in this Articlepassenger, the carrier shall not be able to exclude or limit shall not prevent the court from awarding, in accordanceits liability. with its own law, in addition, the whole or part of the court

costs and of the other expenses of the litigation incurred by2. The carrier shall not be liable for damages arising underthe plaintiff, including interest. The foregoing provision shallparagraph 1 of Article 17 to the extent that they exceednot apply if the amount of the damages awarded, excludingfor each passenger 100,000 Special Drawing Rights if thecourt costs and other expenses of the litigation, does notcarrier proves that:exceed the sum which the carrier has offered in writing to

(a) such damage was not due to the negligence or other the plaintiff within a period of six months from the date ofwrongful act or omission of the carrier or its servants or the occurrence causing the damage, or before theagents; or commencement of the action, if that is later.(b) such damage was solely due to the negligence or otherwrongful act or omission of a third party. Article 23 — Conversion of monetary units

1. The sums mentioned in terms of Special Drawing RightArticle 22 — Limits of liability in relation to delay, in this Convention shall be deemed to refer to the Specialbaggage and cargo Drawing Right as defined by the International Monetary

Fund. Conversion of the sums into national currencies shall,1. In the case of damage caused by delay as specified inin case of judicial proceedings, be made according to theArticle 19 in the carriage of persons, the liability of the carriervalue of such currencies in terms of the Special Drawingfor each passenger is limited to 4,150 Special DrawingRight at the date of the judgement. The value of a nationalRights.currency, in terms of the Special Drawing Right, of a State

2. In the carriage of baggage, the liability of the carrier in Party which is a Member of the International Monetary Fund,the case of destruction, loss, damage or delay is limited to shall be calculated in accordance with the method of valu-1,000 Special Drawing Rights for each passenger unless ation applied by the International Monetary Fund, in effectthe passenger has made, at the time when the checked at the date of the judgement, for its operations and transac-baggage was handed over to the carrier, a special declara- tions. The value of a national currency, in terms of thetion of interest in delivery at destination and has paid a Special Drawing Right, of a State Party which is not asupplementary sum if the case so requires. In that case the Member of the International Monetary Fund, shall be calcu-carrier will be liable to pay a sum not exceeding the declared lated in a manner determined by that State.sum, unless it proves that the sum is greater than the

2. Nevertheless, those States which are not Members ofpassenger’s actual interest in delivery at destination.the International Monetary Fund and whose law does notpermit the application of the provisions of paragraph 1 of3. In the carriage of cargo, the liability of the carrier in the

case of destruction, loss, damage or delay is limited to a this Article may, at the time of ratification or accession orat any time thereafter, declare that the limit of liability of thesum of 17 Special Drawing Rights per kilogram, unless the

consignor has made, at the time when the package was carrier prescribed in Article 21 is fixed at a sum of 1,500,000monetary units per passenger in judicial proceedings in theirhanded over to the carrier, a special declaration of interest

in delivery at destination and has paid a supplementary sum territories; 62,500 monetary units per passenger withrespect to paragraph 1 of Article 22; 15,000 monetary unitsif the case so requires. In that case the carrier will be liable

to pay a sum not exceeding the declared sum, unless it per passenger with respect to paragraph 2 of Article 22; and250 monetary units per kilogram with respect to paragraph 3proves that the sum is greater than the consignor’s actual

interest in delivery at destination. of Article 22. This monetary unit corresponds to sixty-five

55


and a half milligrams of gold of millesimal fineness nine Article 25 — Stipulation on limitshundred. These sums may be converted into the national

A carrier may stipulate that the contract of carriage shall becurrency concerned in round figures. The conversion ofsubject to higher limits of liability than those provided for inthese sums into national currency shall be made accordingthis Convention or to no limits of liability whatsoever.to the law of the State concerned.

3. The calculation mentioned in the last sentence of para- Article 26 — Invalidity of contractual provisionsgraph I of this Article and the conversion method mentioned

Any provision tending to relieve the carrier of liability or toin paragraph 2 of this Article shall be made in such mannerfix a lower limit than that which is laid down in this Conventionas to express in the national currency of the State Party asshall be null and void, but the nullity of any such provisionfar as possible the same real value for the amounts indoes not involve the nullity of the whole contract, which shallArticles 21 and 22 as would result from the application ofremain subject to the provisions of this Convention.the first three sentences of paragraph 1 of this Article. States

Parties shall communicate to the depositary the manner ofcalculation pursuant to paragraph 1 of this Article, or the Article 27 — Freedom to contractresult of the conversion in paragraph 2 of this Article as the

Nothing contained in this Convention shall prevent thecase may be, when depositing an instrument of ratification,carrier from refusing to enter into any contract of carriage,acceptance, approval of or accession to this Conventionfrom waiving any defences available under the Convention,and whenever there is a change in either.or from laying down conditions which do not conflict withthe provisions of this Convention.

Article 24 — Review of limits

1. Without prejudice to the provisions of Article 25 of this Article 28 — Advance paymentsConvention and subject to paragraph 2 below, the limits of

In the case of aircraft accidents resulting in death or injuryliability prescribed in Articles 21, 22 and 23 shall be reviewedof passengers, the carrier shall, if required by its nationalby the Depositary at five-year intervals, the first such reviewlaw, make advance payments without delay to a naturalto take place at the end of the fifth year following the dateperson or persons who are entitled to claim compensationof entry into force of this Convention, or if the Conventionin order to meet the immediate economic needs of suchdoes not enter into force within five years of the date it ispersons. Such advance payments shall not constitute afirst open for signature, within the first year of its entry intorecognition of liability and may be offset against anyforce, by reference to an inflation factor which correspondsamounts subsequently paid as damages by the carrier.to the accumulated rate of inflation since the previous revi-

sion or in the first instance since the date of entry into forceArticle 29 — Basis of claimsof the Convention. The measure of the rate of inflation to be

used in determining the inflation factor shall be the weighted In the carriage of passengers, baggage and cargo, anyaverage of the annual rates of increase or decrease in the action for damages, however founded, whether under thisConsumer Price Indices of the States whose currencies Convention or in contract or in tort or otherwise, can onlycomprise the Special Drawing Right mentioned in paragraph be brought subject to the conditions and such limits of liability1 of Article 23. as are set out in this Convention without prejudice to the

question as to who are the persons who have the right to2. If the review referred to in the preceding paragraphbring suit and what are their respective rights. In any suchconcludes that the inflation factor has exceeded 10 percent,action, punitive, exemplary or any other non-compensatorythe Depositary shall notify States Parties of a revision ofdamages shall not be recoverable.the limits of liability. Any such revision shall become effective

six months after its notification to the States Parties. If withinthree months after its notification to the States Parties a Article 30 — Servants, agents — aggregation of claimsmajority of the States Parties register their disapproval, the

1. If an action is brought against a servant or agent ofrevision shall not become effective and the Depositary shallthe carrier arising out of damage to which the Conventionrefer the matter to a meeting of the States Parties. Therelates, such servant or agent, if they prove that they actedDepositary shall immediately notify all States Parties of thewithin the scope of their employment, shall be entitled tocoming into force of any revision.avail themselves of the conditions and limits of liability which

3. Notwithstanding paragraph 1 of this Article, the proced- the carrier itself is entitled to invoke under this Convention.ure referred to in paragraph 2 of this Article shall be applied

2. The aggregate of the amounts recoverable from theat any time provided that one-third of the States Partiescarrier, its servants and agents, in that case, shall notexpress a desire to that effect and upon condition that theexceed the said limits.inflation factor referred to in paragraph 1 has exceeded 30

percent since the previous revision or since the date of entry 3. Save in respect of the carriage of cargo, the provisionsinto force of this Convention if there has been no previous of paragraphs 1 and 2 of this Article shall not apply if it isrevision. Subsequent reviews using the procedure proved that the damage resulted from an act or omissiondescribed in paragraph 1 of this Article will take place at five- of the servant or agent done with intent to cause damage oryear intervals starting at the end of the fifth year following the recklessly and with knowledge that damage would probably

result.date of the reviews under the present paragraph.

56


Article 31 — Timely notice of complaints Article 34 — Arbitration

1. Subject to the provisions of this Article, the parties to1. Receipt by the person entitled to delivery of checkedthe contract of carriage for cargo may stipulate that anybaggage or cargo without complaint is prima facie evidencedispute relating to the liability of the carrier under thisthat the same has been delivered in good condition and inConvention shall be settled by arbitration. Such agreementaccordance with the document of carriage or with the recordshall be in writing.preserved by the other means referred to in paragraph 2 of

Article 3 and paragraph 2 of Article 4. 2. The arbitration proceedings shall, at the option of theclaimant, take place within one of the jurisdictions referred2. In the case of damage, the person entitled to deliveryto in Article 33.must complain to the carrier forthwith after the discovery of

the damage, and, at the latest, within seven days from the 3. The arbitrator or arbitration tribunal shall apply the provi-date of receipt in the case of checked baggage and fourteen sions of this Convention.days from the date of receipt in the case of cargo. In the 4. The provisions of paragraphs 2 and 3 of this Articlecase of delay, the complaint must be made at the latest shall be deemed to be part of every arbitration clause orwithin twenty-one days from the date on which the baggage agreement, and any term of such clause or agreement whichor cargo have been placed at his or her disposal. is inconsistent therewith shall be null and void.3. Every complaint must be made in writing and given or

Article 35 — Limitation of actionsdispatched within the times aforesaid.

1. The right to damages shall be extinguished if an action4. If no complaint is made within the times aforesaid, nois not brought within a period of two years, reckoned fromaction shall lie against the carrier, save in the case of fraudthe date of arrival at the destination, or from the date onon its part.which the aircraft ought to have arrived, or from the dateon which the carriage stopped.

Article 32 — Death of person liable2. The method of calculating that period shall be deter-mined by the law of the court seized of the case.In the case of the death of the person liable, an action for

damages lies in accordance with the terms of this Conven-tion against those legally representing his or her estate. Article 36 — Successive carriage

1. In the case of carriage to be performed by varioussuccessive carriers and falling within the definition set outArticle 33 — Jurisdictionin paragraph 3 of Article 1, each carrier which accepts

1. An action for damages must be brought, at the option passengers, baggage or cargo is subject to the rules setof the plaintiff, in the territory of one of the States Parties, out in this Convention and is deemed to be one of the partieseither before the court of the domicile of the carrier or of its to the contract of carriage in so far as the contract dealsprincipal place of business, or where it has a place of busi- with that part of the carriage which is performed under itsness through which the contract has been made or before supervision.the court at the place of destination.

2. In the case of carriage of this nature, the passenger or2. In respect of damage resulting from the death or injury any person entitled to compensation in respect of him orof a passenger, an action may be brought before one of the her can take action only against the carrier which performedcourts mentioned in paragraph 1 of this Article, or in the the carriage during which the accident or the delay occurred,territory of a State Party in which at the time of the accident save in the case where, by express agreement, the firstthe passenger has his or her principal and permanent resid- carrier has assumed liability for the whole journey.ence and to or from which the carrier operates services for 3. As regards baggage or cargo, the passenger orthe carriage of passengers by air, either on its own aircraft consignor will have a right of action against the first carrier,or on another carrier’s aircraft pursuant to a commercial and the passenger or consignee who is entitled to deliveryagreement, and in which that carrier conducts its business will have a right of action against the last carrier, and further,of carriage of passengers by air from premises leased or each may take action against the carrier which performedowned by the carrier itself or by another carrier with which the carriage during which the destruction, loss, damage orit has a commercial agreement. delay took place. These carriers will be jointly and severally

liable to the passenger or to the consignor or consignee.3. For the purposes of paragraph 2,

(a) “commercial agreement” means an agreement, other Article 37 — Right of recourse against third partiesthan an agency agreement, made between carriers and

Nothing in this Convention shall prejudice the questionrelating to the provision of their joint services for carriagewhether a person liable for damage in accordance with itsof passengers by air;provisions has a right of recourse against any other person.

(b) “principal and permanent residence” means the onefixed and permanent abode of the passenger at the time of Chapter IV — Combined Carriagethe accident. The nationality of the passenger shall not bethe determining factor in this regard. Article 38 — Combined carriage

4. Questions of procedure shall be governed by the law 1. In the case of combined carriage performed partly byair and partly by any other mode of carriage, the provisionsof the court seized of the case.

57


of this Convention shall, subject to paragraph 4 of Article 18, Article 43 — Servants and agentsapply only to the carriage by air, provided that the carriage by

In relation to the carriage performed by the actual carrier,air falls within the terms of Article 1.any servant or agent of that carrier or of the contracting

2. Nothing in this Convention shall prevent the parties in carrier shall, if they prove that they acted within the scopethe case of combined carriage from inserting in the docu- of their employment, be entitled to avail themselves of thement of air carriage conditions relating to other modes of conditions and limits of liability which are applicable undercarriage, provided that the provisions of this Convention are this Convention to the carrier whose servant or agent theyobserved as regards the carriage by air. are, unless it is proved that they acted in a manner that

prevents the limits of liability from being invoked in accord-Chapter V — Carriage by Air Performed by a ance with this Convention.

Person other than the Contracting Carrier

Article 44 — Aggregation of damagesArticle 39 — Contracting carrier — actual carrierIn relation to the carriage performed by the actual carrier,The provisions of this Chapter apply when a person (herein-the aggregate of the amounts recoverable from that carrierafter referred to as “the contracting carrier”) as a principaland the contracting carrier, and from their servants andmakes a contract of carriage governed by this Convention

with a passenger or consignor or with a person acting on agents acting within the scope of their employment, shallbehalf of the passenger or consignor, and another person not exceed the highest amount which could be awarded(hereinafter referred to as “the actual carrier”) performs, by against either the contracting carrier or the actual carriervirtue of authority from the contracting carrier, the whole or under this Convention, but none of the persons mentionedpart of the carriage, but is not with respect to such part a shall be liable for a sum in excess of the limit applicable tosuccessive carrier within the meaning of this Convention. that person.Such authority shall be presumed in the absence of proofto the contrary.

Article 45 — Addressee of claimsArticle 40 — Respective liability of contracting and In relation to the carriage performed by the actual carrier,actual carriers an action for damages may be brought, at the option of theIf an actual carrier performs the whole or part of carriage plaintiff, against that carrier or the contracting carrier, orwhich, according to the contract referred to in Article 39, is against both together or separately. If the action is broughtgoverned by this Convention, both the contracting carrier against only one of those carriers, that carrier shall haveand the actual carrier shall, except as otherwise provided the right to require the other carrier to be joined in thein this Chapter, be subject to the rules of this Convention, proceedings, the procedure and effects being governed bythe former for the whole of the carriage contemplated in the the law of the court seized of the case.contract, the latter solely for the carriage which it performs.

Article 46 — Additional jurisdictionArticle 41 — Mutual liability

Any action for damages contemplated in Article 45 must be1. The acts and omissions of the actual carrier and ofbrought, at the option of the plaintiff, in the territory of oneits servants and agents acting within the scope of their

employment shall, in relation to the carriage performed by of the States Parties, either before a court in which an actionthe actual carrier, be deemed to be also those of the may be brought against the contracting carrier, as providedcontracting carrier. in Article 33, or before the court having jurisdiction at the

place where the actual carrier has its domicile or its principal2. The acts and omissions of the contracting carrier andplace of business.of its servants and agents acting within the scope of their

employment shall, in relation to the carriage performed bythe actual carrier, be deemed to be also those of the actual Article 47 — Invalidity of contractual provisionscarrier. Nevertheless, no such act or omission shall subject

Any contractual provision tending to relieve the contractingthe actual carrier to liability exceeding the amounts referredcarrier or the actual carrier of liability under this Chapter orto in Articles 21, 22, 23 and 24. Any special agreement

under which the contracting carrier assumes obligations to fix a lower limit than that which is applicable accordingnot imposed by this Convention or any waiver of rights to this Chapter shall be null and void, but the nullity of anyor defences conferred by this Convention or any special such provision does not involve the nullity of the wholedeclaration of interest in delivery at destination contem- contract, which shall remain subject to the provisions of thisplated in Article 22 shall not affect the actual carrier unless Chapter.agreed to by it.

Article 48 — Mutual relations of contracting and actualArticle 42 — Addressee of complaints and instructionscarriers

Any complaint to be made or instruction to be given underExcept as provided in Article 45, nothing in this Chapterthis Convention to the carrier shall have the same effectshall affect the rights and obligations of the carriers betweenwhether addressed to the contracting carrier or to the actualthemselves, including any right of recourse orcarrier. Nevertheless, instructions referred to in Article 12

shall only be effective if addressed to the contracting carrier. indemnification.

58


4. Any State or Regional Economic Integration Organis-Chapter VI — Other Provisionsation which does not sign this Convention may accept,approve or accede to it at any time.Article 49 — Mandatory application5. Instruments of ratification, acceptance, approval orAny clause contained in the contract of carriage and all accession shall be deposited with the International Civilspecial agreements entered into before the damage Aviation Organization, which is hereby designated theoccurred by which the parties purport to infringe the rules Depositary.laid down by this Convention, whether by deciding the law6. This Convention shall enter into force on the sixtiethto be applied, or by altering the rules as to jurisdiction, shallday following the date of deposit of the thirtieth instrumentbe null and void.of ratification, acceptance, approval or accession with theDepositary between the States which have deposited suchArticle 50 — Insuranceinstrument. An instrument deposited by a Regional

States Parties shall require their carriers to maintain Economic Integration Organisation shall not be counted foradequate insurance covering their liability under this the purpose of this paragraph.Convention. A carrier may be required by the State Party

7. For other States and for other Regional Economic Integ-into which it operates to furnish evidence that it maintainsration Organisations, this Convention shall take effect sixtyadequate insurance covering its liability under thisdays following the date of deposit of the instrument of rati-Convention.fication, acceptance, approval or accession.

8. The Depositary shall promptly notify all signatories andArticle 51 — Carriage performed in extraordinaryStates Parties of:circumstances(a) each signature of this Convention and date thereof;The provisions of Articles 3 to 5, 7 and 8 relating to the

documentation of carriage shall not apply in the case of (b) each deposit of an instrument of ratification, accept-carriage performed in extraordinary circumstances outside ance, approval or accession and date thereof;the normal scope of a carrier’s business.

(c) the date of entry into force of this Convention;

(d) the date of the coming into force of any revision of theArticle 52 — Definition of dayslimits of liability established under this Convention;

The expression “days” when used in this Convention means(e) any denunciation under Article 54.calendar days, not working days.

Article 54 — DenunciationChapter VII — Final Clauses1. Any State Party may denounce this Convention by writ-ten notification to the Depositary.Article 53 — Signature, ratification and entry into force2. Denunciation shall take effect one hundred and eighty1. This Convention shall be open for signature in Montreal days following the date on which notification is received byon 28 May 1999 by States participating in the International the Depositary.Conference on Air Law held at Montreal from 10 to 28 May

1999. After 28 May 1999, the Convention shall be open toArticle 55 — Relationship with other Warsaw Conven-all States for signature at the headquarters of the Interna-tion instrumentstional Civil Aviation Organization in Montreal until it enters

into force in accordance with paragraph 6 of this Article. This Convention shall prevail over any rules which apply tointernational carriage by air:2. This Convention shall similarly be open for signature

by Regional Economic Integration Organisations. For the 1. Between States Parties to this Convention by virtue ofpurpose of this Convention, a “Regional Economic Integra- those States commonly being Party totion Organisation” means any organisation which is consti-

(a) the Convention for the Unification of Certain Rulestuted by sovereign States of a given region which hasrelating to International Carriage by Air signed at Warsawcompetence in respect of certain matters governed by thison 12 October 1929 (hereinafter called the WarsawConvention and has been duly authorized to sign and toConvention);ratify, accept, approve or accede to this Convention. A refer-

ence to a “State Party” or “States Parties” in this Convention, (b) the Protocol to amend the Convention for the Unifica-otherwise than in paragraph 2 of Article 1, paragraph 1(b) tion of Certain Rules relating to International Carriage byof Article 3, paragraph (b) of Article 5, Articles 23, 33, 46 Air signed at Warsaw on 12 October 1929, done at Theand paragraph (b) of Article 57, applies equally to a Regional Hague on 28 September 1955 (hereinafter called TheEconomic Integration Organisation. For the purpose of Hague Protocol);Article 24, the references to “a majority of the States Parties”

(c) the Convention, Supplementary to the Warsawand “one-third of the States Parties” shall not apply to aConvention, for the Unification of Certain Rules relating toRegional Economic Integration Organisation.International Carriage by Air Performed by a Person otherthan the Contracting Carrier, signed at Guadalajara on 183. This Convention shall be subject to ratification by States

and by Regional Economic Integration Organisations which September 1961 (hereinafter called the GuadalajaraConvention);have signed it.

59


(d) the Protocol to amend the Convention for the Unifica- This Convention shall remain deposited in the archives ofthe International Civil Aviation Organization, and certifiedtion of Certain Rules relating to International Carriage by

Air signed at Warsaw on 12 October 1929 as amended by copies thereof shall be transmitted by the Depositary to allStates Parties to this Convention, as well as to all Statesthe Protocol done at The Hague on 28 September 1955,

signed at Guatemala City on 8 March 1971 (hereinafter Parties to the Warsaw Convention, The Hague Protocol,the Guadalajara Convention, the Guatemala City Protocolcalled the Guatemala City Protocol);and the Montreal Protocols.

(e) Additional Protocol Nos. 1 to 3 and Montreal Protocol[Signatures]No. 4 to amend the Warsaw Convention as amended by

The Hague Protocol or the Warsaw Convention as amendedEndby both The Hague Protocol and the Guatemala City Proto-

col, signed at Montreal on 25 September 1975 (hereinaftercalled the Montreal Protocols); or

2. Within the territory of any single State Party to thisConvention by virtue of that State being Party to one ormore of the instruments referred to in sub-paragraphs (a)to (e) above.

Article 56 — States with more than one system of law

1. If a State has two or more territorial units in which differ-ent systems of law are applicable in relation to matters dealtwith in this Convention, it may at the time of signature,ratification, acceptance, approval or accession declare thatthis Convention shall extend to all its territorial units or onlyto one or more of them and may modify this declaration bysubmitting another declaration at any time.

2. Any such declaration shall be notified to the Depositaryand shall state expressly the territorial units to which theConvention applies.

3. In relation to a State Party which has made such adeclaration:

(a) references in Article 23 to “national currency” shallbe construed as referring to the currency of the relevantterritorial unit of that State; and

(b) the reference in Article 28 to “national law” shall beconstrued as referring to the law of the relevant territorialunit of that State.

Article 57 — Reservations

No reservation may be made to this Convention except thata State Party may at any time declare by a notificationaddressed to the Depositary that this Convention shall notapply to:

(a) international carriage by air performed and operateddirectly by that State Party for non-commercial purposes inrespect to its functions and duties as a sovereign State;and/or

(b) the carriage of persons, cargo and baggage for itsmilitary authorities on aircraft registered in or leased by thatState Party, the whole capacity of which has been reservedby or on behalf of such authorities.

In Witness Whereof the undersigned Plenipotentiaries,having been duly authorized, have signed this Convention.

Done at Montreal on the 28th day of May of the year onethousand nine hundred and ninety-nine in the English,Arabic, Chinese, French, Russian and Spanish languages,all texts being equally authentic.

60

c

Aeropostal Alas de Venezuela *J IATA MEMBERSHIP LISTTorre Polar Oeste

Legend: Av. Paseo Colon, Plaza Venezuela, Piso 22Caracas, 1050* Elected not to participate in Cargo Tariff Coordinating VenezuelaConferences

** Associate MemberAerosvit Airlines **** All Cargo58 a, T. Shevchenka Blvd.Kiev, 01032Adria AirwaysUkraineKuzmiceva 7

Ljubljana, 1000Afriqiyah Airways *SloveniaAli Khalifa Zaidi StreetP.O. Box 83428Aegean AirlinesTripoli,31 Viltanioti St. 14Socialist People’s Libyan Arab Jamahiriya14 564 N. Kifissia

Athens,Greece Air Algerie

1, Place Maurice AudinAlgiers,Aer LingusAlgeriaAer Lingus, Dublin Airport

Dublin,Ireland Air Astana *

8th floor, Samal Towers Business Centre97 Zholdasbekova St. Samal-2Aero Asia *Almaty City,47/E-1, Block-6, P.E.C.H.SRepublic of Kazakhstan 050059P.O. Box 75 400

Karachi, SIND 75400Pakistan Air Austral *

Aerodrome de GillotB. P. 611Aero California *Saint- Denis Cedex, Ile de la Reunion 97472Aquiles Serdan 1995, Colonia CentroReunionLa Paz, Baja California Sur 23000

MexicoAir BalticRiga AirportAero Zambia *Riga, LV-10531st Floor, Znib House, Dedan Kimathi RoadLatviaPrivate Bag E717

Lusaka,Zambia Air Berlin *

Saatwinkler 42-43Berlin, 13627AeroflotGermany37 Leningradsky Prospekt, Build. 9

Moscow, 125167Russian Federation Air Bosna *

Kasindolska bbSarajevo, Bosnia and HerzegovinaAerolineas ArgentinasBosnia and Herzegovina 71000Torre Bouchard, Calle Bouchard 547 Piso 8

Buenos Aires, C1106ABGArgentina Air Botswana

H. O. Building, Sir Seretse Khama AirportP.O. Box 92AEROMEXICOGaborone,Paseo de la Reforma 445BotswanaMexico City, D.F., Col. Cuauhtemoc 06500

Mexico

Air CanadaAir Canada Center 271, Cote Vertu OuestAeromexpress * and ***

Av. Texcoco Esq. Av. Tahel P. O. Box 14000, Station AirportDorval (Montreal), Quebec H4Y 1H4Col. Penon de los Banos, D.F. 15620

Mexico Canada

61


Air China Limited Air Malta p.l.c.Head OfficeCapital International Airport

Beijing, Luqa, LQA05MaltaPeople’s Republic of China 100621

Air Contractors (UK) Limited * and *** Air Marshall Islands *First Floor, South Colonnade, The Plaza P.O. Box 1319Swords, Co. Majuro, 96960Dublin, Marshall IslandsIreland

Air Mauritius *Air Europa *Air Mauritius Centre, President J Kennedy StreetCentro Empresarial Globalia, CarreteraP.O. Box 441Lluchmajor, km, 20.5Port Louis,P.O. Box 132MauritiusLluchmajor, Baleares 07620

SpainAir Moldova *Airport, ChisinauAir FranceMD-2026 Moldova45, rue de Paris

Roissy CDG cedex, F-95747France Air Namibia *

TransNamib Buidling, Bahnhof StreetAir Gabon P.O. Box 731Leon Mba International Airport Windhoek, NamibiaB.P. 2206 NamibiaLibreville,Gabon

Air New ZealandLevel 19, Quay Tower, 29 Customs Street WestAir Guinea *Private Bag 92007Malabo International AirportAuckland,Equatorial GuineaNew Zealand

Air Jamaica LimitedAir Niugini72-76 Harbour StreetANG House, Jacksons AirportKingston,P.O. Box 7186 BorokoJamaicaPort Moresby,Papua New GuineaAir Koryo *

Sunan DistrictPyongyan City, Air NostrumDemocratic People’s Republic of Korea Avenida Francisco Valldecabres, 31

Manises, Valencia 46940Air Luxor * SpainAvenida da Republica. 26Lisboa, Air One S.p.A. * and **Portugal 1100-192 Via Sardegna, 14

Rome, 00187Air Macau ItalyAlameda Dr. Carlos D’Assumpcao No. 39812-18 Andar, Macau (SAR)

Air Pacific *People’s Republic of ChinaAir Pacific Maintenance & Administration Centre,

Nasoso RoadAir Madagascar *Private Mail Bag31, av. de l’IndependanceNadi Airport, Nadi,Antananarivo, 101FijiMadagascar

Air Malawi Air Senegal InternationalAeroport Leopold Sedar Senghor – Dakar – Senegal4 Robins Road

P.O. Box 84 B.P. 29127Dakar,Blantyre,

Malawi Senegal

62

c IATA Membership List

Air Seychelles * Albarka Air Services * and **8A Udi Street, off Aso DriveVictoria House, State House Avenue

P.O. Box 386 Maitama DistrictAbuja,Victoria, Mahe

Seychelles Nigeria

Air Tahiti * and ** ALITALIA S.p.A.Boulevard Pomare, Tahiti-FAAA Airport Centro Direzionale, vialeAlessandro Marchetti 111P.O. Box 314 Rome, I-00148Papeete, Tahiti 98 713 ItalyFrench Polynesia

All Nippon AirwaysAir Tahiti Nui Shiodome City CenterRue Paul Gaugin 1-5-2 Higashi Shimbashi, Minato-kuB.P. 1673 Tokyo, 105-7133Papeete, Tahiti 98713 JapanFrench Polynesia

Aloha Airlines *Air Tanzania Honolulu International AirportATC House, City Drive P.O. Box 30028P.O. Box 543 Honolulu, Hawaii 96820Dar-es-Salaam, USATanzania

Alpi Eagles S.p.A. *Air Ukraine * via E. Mattei 1/C14 Avenue Peremogy Marcon, Venice, 30020Kiev, 252135 ItalyUkraine

America West AirlinesAir Vanuatu * 4000 E. Sky Harbor Blvd.Air Vanuatu House, Rue de Paris Phoenix, Arizona 85034P.O. Box 148 USAPort Vila,Vanuatu

American Airlines4333 Amon Carter Blvd.Air ZimbabweP.O. Box 619616Harare AirportFort Worth, Texas 76155P.O. Box AP. 1USAHarare,

ZimbabweAngola AirlinesRua Missao 123AircalinP.O. Box 798, rue Frederic SurleauLuanda,B. P. 3736AngolaNoumea, 98 846

Nouvelle-CaledonieAriana Afghan Airlines Co. Ltd.Afghan Air Authority Building, Ansari WattAir-IndiaP.O. Box 76Air-India BuildingKabul,Nariman PointAfghanistanMumbai, Maharashtra 400 021

IndiaArkia Israeli Airlines Ltd *Dov AirportAlaska Airlines *P.O. Box 3930119300 International Blvd. (98188)Tel Aviv, 61392Box 68900IsraelSeattle, Washington 98168-0900

USAArmavia *9 Alek Manoukyan St.Albanian Airlines *

Rruga “Mine Peza, No2” AUA Business CenterYerevan, 375025Tirana,

Albania Republic of Armenia

63


Armenian International Airways * Bellview Airlines *Bellview Plaza, 66B Opebi Road, Ikeja7 Agatangeghos Str.

Yerevan, P. O. Box 6571Ikeja, LagosArmenia 375010Nigeria

Asiana Airlines Inc. *Asiana Town, Kangseo, P.O. Box 98, #47 Biman *Osae-dong, Kangseo-Ku Biman Bhavan, 100 Motijheel Commercial AreaSeoul, 157-600 Dhaka,1000Republic of Korea Bangladesh

Atlas Air * and ***Binter Canarias *2000 Westchester AvenueAeropuerto de Gran CanariaPurchase, New York 10577-2543Telde Las Palmas, 35230USASpain

Atlasjet International Airways *Blue Panorama *Yesilyurt Mah. Eski HalkaliVia Corona Boreale, 86 – Pal.D.Yolu Alacati Evleri Yani No: 5/BFiumicino, Rome,FloryaItaly 00054Istanbul,

Turkey 34153

Blue1 *Austral * and ** P.O. Box 168Bouchard 547 – 9 Piso Vantaa, FI-01531Buenos Aires, FinlandArgentina C1106ABG

bmi (British Midland Airways Ltd.)AustrianDonington Hall, Castle DoningtonFontanastrasse 1Derby, Derbyshire DE74 2SBP.O. Box 50United KingdomVienna, A-1107

AustriaBritish AirwaysWatersideAVIANCAP.O. Box 365Avenida 26 #92-30, Bloque 1, Piso 4Harmondsworth, Middlesex UB7 0GBBogota,United KingdomColombia

AVIATECA * BWIA West Indies Airways *Avenida Hincapie 12-22, Zona 13 Admin. Bldg., Golden Grove Rd., Piarco AirportGuatemala City, P.O. Box 604Guatemala Port of Spain,

Republic of Trinidad & TobagoAzerbaijan Airlines *11 Azadlig Avenue C.A.L. Cargo Airlines * and ***Baku, 370000 1 Hayarden Street, Airport CityRepubic of Azerbaijan P.O. Box 271, Ben Gurion Airport

Tel Aviv,Azzurra Air S.p.A. * Israel 70100Via Pietro Paleocapa, 3/DBergamo, 24121

Cameroon AirlinesItaly3, av. du General de GaulleB.P. 4092Bangkok Airways Co., Ltd.Douala,99 Mu 14 Vibhavadirangsit RoadCameroonChom Phon, Chatuchak, Bangkok 10900

ThailandCargojet Airways Ltd. * and ***350 Britannia Road EastBelavia – Belarusian Airlines *

Nemiga str. 14 Units 5&6Mississauga, Ontario L4Z 1X9Minsk, Rep. of Belarus 220004

Belarus Canada

64


Cargolux S.A. * and *** Cirrus Airlines *Flughafen SaarbrueckenLuxembourg Airport

Luxembourg, L-2990 Saarbruecken, SaarlandGermany 66131Grand Duchy of Luxembourg

Carpatair * CityJet *Swords Business campus, Balheary Road, SwordsTimisoara International Airport

Timisoara, Timis Dublin, Co. DublinIrelandRomania 307210

Caspian Airlines * Comair Limited *1 Marignane Drive,No. 5, Sabounchi Street

Beheshti Avenue Cnr. Atlas RoadBonaero Park, 1619Tehran,

Islamic Republic of Iran 15336-63119 Republic of South Africa

Compagnie Aerienne Corse Mediterranee *Cathay Pacific9F, Central Tower, Cathay Pacific City, Aeroport de Campo Dell’ Oro

B.P. 505H.K. International AirportGPO Box 1, Hong Kong (SAR) Ajaccio Cedex 2, Corsica 20186

FrancePeople’s Republic of China

CCM Airlines * Continental Airlines *1600 Smith StreetAeroport de Campo Dell’ Oro

B.P. 505 Houston, Texas 77002USAAjaccio Cedex 2, Corsica

France 20186Continental Micronesia *P.O. Box 8778China Airlines Ltd.

2F, 131, Sec. 3, Nanking E. Road Tamuning, 96931GuamTaipei,

Chinese TaipeiCOPAAvenida Justo Arosemena y Calle 39,China Cargo Airlines Ltd. * and ***

China Cargo Center Edificio Copa AirlinesP.O. Box 1572Shanghai Hongqiao Airport

Shanghai, 200335 Panama, 1PanamaPeople’s Republic of China

China Eastern Corsair *2 avenue Charles Lindbergh2550 Hongqiao Road, Hongqiao International Airport

Shanghai, 200335 Rugis Cedex, F-94636FrancePeople’s Republic of China

China Northern Airlines Croatia AirlinesSavskaCesta 413-1 Xiaoheyan Road

Dadong District Zagreb, 10000CroatiaShenyang, Liaoning 110043

People’s Republic of ChinaCubanaCalle 23 No. 64, La Rampa, VedadoChina Northwest Airlines

No 2 Feng Hao Road Ciudad de La Habana,10400Republic of CubaXian, Shaanxi 710082

People’s Republic of ChinaCyprus Airways21 Alkeou StreetChina Southern Airlines

No. 278 Airport Road P.O. Box 21903Nicosia, 1514Guangzhou, Guangdong

People’s Republic of China 510405 Cyprus

Czech AirlinesChina Yunnan AirlinesWujiaba Airport Praha 6, Letiste Ruzyne

Prague, 16008Kunming, Yunnan Province 650200People’s Republic of China Czech Republic

65


dba Luftfahrtgesellschaft mbH * Etihad Airways *New Airport RoadTerminal 1, Modul A,

Terminalstrasse West, Munich Airport Abu Dhabi,35566United Arab EmiratesMunich,

Germany 85356European Air Express * and ***Flughafenstrasse 81Delta Air LinesMonchengladbach,P.O. Box 20706Germany D-41066Atlanta, Georgia 30320-6001

USAEuropean Air Transport *Building 4 – 5, Brussels National AirportDenim Air *Zaventem, B-1930Luchthavenweg 31BelgiumEindhoven,

The Netherlands 5657Eurowings *Flugplatz 21DHL Air Ltd. ** and ***Dortmund, D-44319Cargo WestGermanyEast Midlands Airport

Derby, DE74 2TREVA AirUnited Kingdom376, Hsin-Nan Rd., Sec. 1Luchu, Taoyuan HsienDHL International E.C. * and ***Taiwan, 338Bahrain International AirportChinese TaipeiP.O. Box 5741

Manama,Falcon Air *BahrainHangarvagenP.O. Box 36Dragonair Malmo-Sturup, SE-230 32L4 Dragonair House Sweden11 Tung Fai Road – Hong Kong International Airport

Lautau, Hong Kong (SAR)Federal Express ***People’s Republic of China3620 Hacks Cross RoadBuilding B, 3rd Floor

Egyptair Memphis, TennesseeCairo International Airport USA 38125P.O. Box 11776Cairo,

FinnairEgyptTietotie 11A Helsinki-Vantaa AirportP. O. Box 15

EL AL Vantaa, 01053 FINNAIRBen-Gurion International Airport FinlandP.O. Box 41Tel Aviv, 70100 flybe.British European *Israel Jack Walker House

Exeter International AirportEmirates * Exeter, DevonP.O. Box 686 United Kingdom EX5 2HLDubai,United Arab Emirates Forward Air * and ***

Greeneville Municipal Airport, 430 Airport RoadEstonian Air P.O. Box 105813 Lennujaama Street Greeneville, Tennessee 37743Tallinn, 11101 USAEstonia

Garuda3rd Floor, Management Building, GarudaEthiopian Airlines

Bole International Airport Maintenance FacilitySoekarno-Hatta Airport, P.O. Box 1303P.O. Box 1755

Addis Ababa, Cengkareng, Banten BUSH 19130IndonesiaEthiopia

66


GB Airways Inter Air *Ground Floor, Finance House, Bruma Lake Office ParkThe Beehive, Beehive Ring Road

Gatwick Airport, West Sussex RH6 0LA Private Bag 8P O Jan Smuts Airport, Gauteng 1627United KingdomRepublic of South Africa

Ghana AirwaysGhana Airways Avenue, Airport Residential Area Iran AirP.O. Box 1636 Iran Air Head Office Bldg., Mehrabad AirportAccra, P.O. Box 13185-775Ghana Teheran, 13587

Islamic Republic of IranGulf Airopposite Bahrain International Airport, Muharraq Iran Aseman Airlines *P.O. Box 138 Mehrabad AirportManama, P.O. Box 13145-1476Bahrain Tehran, 13874

Islamic Republic of IranHahn AirAn der Trift 65

Iraqi Airways *Dreieich,Saddam International AirportGermany D-63303Baghdad,IraqHainan Airlines *

Haihang Development BuildingIsrair *29 Haixiu Roard23 Ben Yehuda St.Haikou, Hainan 570206P.O. Box 26444People’s Republic of ChinaTel Aviv, 63806IsraelHapag Lloyd *

Flughafenstrasse, 10Langenhagen, 30855 JALways Co. Ltd *Germany JAL Building 18F, 4-11 Higashi-Shinagawa 2 chome

Shinagawa, Tokyo 140-8647JapanHelios Airways Ltd. *

1st Floor, RIA Court 922 Nietzsche Street Japan Airlines International Co., Ltd.Larnaca, 6028 JAL BuildingCyprus 2-4-11 Higashi-Shinagawa

Shinagawa-ku, Tokyo 140-8637Hellas Jet * Japan91 Michalakopoulou StreetAthens, 11528 Jat AirwaysGreece Bulevar Umetnosti 16

Novi Beograd, Serbia & Montenegro YU-11070Hemus Air * Serbia and Montenegro1 Brussels’ Blvd., Sofia Airport1540 Sofia,

Jet Airways *Bulgaria41/42 Maker Chambers IIINariman PointIBERIAMumbai, Maharashtra 400 021Velazquez, 130IndiaMadrid, E-28006

SpainKenya AirwaysAirport North Road, EmbakasiIcelandairP.O. Box 19002Reykjavık AirportNairobi,Reykjavık, 101Kenya 0051Iceland

Indian Airlines Kish Air *No. 21, Ekbatan Main BoulevardAirlines House, 113 Gurdwara Rakabganj Road

New Delhi, 110 001 Tehran, 1398Islamic Republic of IranIndia

67


Kitty Hawk * and *** LanEcuador *Avenida Amazonas y Pasaje Guayas, E3-131P.O. Box 612787

DFW Airport, Texas 75261 Quito,EcuadorUSA

Lauda Air *KLMWTC, AirportAmsterdamseweg 55P.O. Box 56P.O. Box 7700Vienna, Schwechat,Amstelveen, NL-1182GPAustria 1300The Netherlands

Lauda Air S.p.A. *Korean AirStrada Provinciale 521370 Gong Hang-dong, Gangseo-guVizzola Ticino, VA 21010Seoul, 157-712ItalyRepublic of Korea

Libyan Arab AirlinesKuwait AirwaysHaiti StreetKuwait International AirportP.O. Box 2555P.O. Box 394Tripoli,Safat, 13004Socialist People’s Libyan Arab JamahiriyaKuwait

Lıneas Aereas Azteca S.A. de C.V. * and **LAB *Zona de Hangares “C”Av. Kyllmann No. 0-1691, Aeropuerto Jorge WilstermannNo. 27 Col. Aviacion General,P.O. Box 132Mexico City D.F. 15620Cochabamba,MexicoBolivia

Lithuanian AirlinesLACSA * A.Gustaicio 4La Uruca, Diagonal a la Compania La Pozuelo Vilnius, 2038P.O. Box 1531-1000 LithuaniaJan Jose, San JoseCosta Rica 1531-1000

LOT Polish Airlines39, 17 Stycznia Str.

Laker Airways (Bahamas) Limited * Warsaw,1170 Lee Wagener Boulevard, Suite 200 Poland 00-906Fort Lauderdale, Florida 33315USA LTU *

Flughafen, Halle 8LAM Dusseldorf, D-40474Alameda do Aeropuerto de Mavalane – Avenida de Germany

AngolaP.O. Box 2060 LufthansaMaputo, Maputo Von-Gablenz-Strasse 2-6Mocambique Cologne, North Rhine-Westphalia

Germany D-50664Lan Airlines S.A.Americo Vespucio 901, Renca Lufthansa Cargo ***P.O. Box 147-D Langer Kornweg 34iSantiago, P.O. Box 1227Chile Kelsterbach, D-65441

GermanyLan Chile Cargo * and ***6500 NW 22 St., 4th Floor Lufthansa CityLine * and **Miami, Florida 33122 Heinrich-Steinmann-StrasseUSA Koln, D-51147

GermanyLan Peru *Avenida Los Incas 172 5to Piso Luxair

Aeroport de LuxembourgSan IsidroLima, Luxembourg, L-2987

Grand Duchy of LuxembourgPeru

68


Maersk Air Nationwide Airlines *P.O. Box 422Copenhagen Airport South

Dragoer, DK-2791 Lanseria, 1748Republic of South AfricaDenmark

Nippon Cargo Airlines (NCA) ***Mahan Air *Shiodome City Centre 8FMahan Tower, Azadeghan St.5-2, Higashi-Shinbashi 1-chomeKaraj Highway, P.O. Box: 14515/411Tokyo, Minato-ku 105-7108Tehran, 1481655761JapanIslamic Republic of Iran

Northwest AirlinesMalaysia Airlines2700 Lone Oak Pkwy33rd Floor, MAS Building, Jalan Sultan IsmailDept A1040G.P.O. Box 10513Eagan, Minnesota 55121-1534Kuala Lumpur, Federal Territory 50250USAMalaysia

Olympic Airlines S.A.MALEV Athens International Airport, Bldg. 97Konyves Kalman krt. 12-14 5th km SPATA-LOUTSA Ave.Budapest IX, SPATA, 19019Hungary H-1097 Greece

Malmo Aviation * Oman AirP.O. Box 37 Seeb International AirportMaster Johansgatan 17 P.O.Box 58Malmo, SE-201 20 Muscat, 111Sweden Oman

PALMAT -Macedonian AirlinesVasil Glavinov 3 PAL Center, Legazpi Street, Legazpi Village

P.O. Box 1344 C.P.O. MakatiSkopje, 1000Macedonia (FYROM) Makati City, 0750

Philippines

MEAPalestinian Airlines *Beirut International AirportJamal Abdelnasser St.P.O. Box 206P.O. Box 4043Beirut,Gaza City, Gaza StripLebanonPalestine

MeridianaPGA-Portugalia AirlinesAeroporto Costa Smeralda – Centro DirezionaleAve. Almirante Gago Coutinho, 88Olbia, (SS) 07026Lisbon, 1700-031ItalyPortugal

Mexicana PIAMexicana Building, Xola 535, Piso 30, Col. Del Valle PIA Building, Quaid-E-Azam International AirportP.O. Box 12-813 Karachi, 75200Mexico City, D. F. 03100 PakistanMexico

PLUNAMIAT Miraflores 1445Buyant Ukhaa Airport, MIAT Building P.O. Box 507P.O. Box 45 Montevideo, Montevideo 11500Ulaanbaatar, UruguayMongolia 210034

Polynesian Airlines *NPF Building, Beach RoadMontenegro Airlines

Beogradska 10 P.O. Box 599Apia,Podgorica, Montenegro 81000

Serbia and Montenegro Samoa

69


Pulkovo Aviation Enterprise SAASouth African Airways Towers18/4 Pilotov St.

St. Petersburg, 196210 P.O. Box 7778Johannesburg, Transvaal 2000Russian FederationRepublic of South Africa

QantasSafair * and **Building A, Qantas Centre, 203 Coward StreetBonaero Drive, Bonaero Park 1619Mascot, N.S.W. 2020P.O. Box 938AustraliaKempton Park, Gauteng 1620Republic of South Africa

Qatar AirwaysQatar Airways Tower Samara AirlinesAirport Road Samara Airport, BeryozaP.O. Box 22550 – Doha, Samara, 443901Qatar Russian Federation

SASRegional Express * and **SAS Head Office, Frosundaviks Alle 1Level 1, 2B Lord StreetStockholm, Solna S-195 87Botany, New South Wales 2019SwedenAustralia

SAS Braathens *Royal Air Maroc Oksensyveien 3Aeroport de Casa-Anfa P.O. Box 55Casablanca, Fornebu,Morocco Norway N-1330

SATA Air Acores * and **Royal BruneiRBA Plaza, Jalan Sultan Avenida Infante D. Henrique, 55 – 2 Piso

Ponta Delgada, Acores, San Miguel 9504-528Bandar Seri Begawan, Negara BruneiDarussalam BS8811 Portugal

Brunei DarussalamSaudi Arabian AirlinesP.O. Box 620Royal JordanianJeddah, 21231Housing Bank Commercial CenterKingdom of Saudi ArabianP.O. Box 302

Amman, 11118Shandong Airlines Co., Ltd. * and **Jordan9/F Shanhang BuildingNo. 5746 Er Huan Dong Road

Royal Swazi * Jinan, Shandong ProvinceMatsapa Airport People’s Republic of China 250014P.O. Box 939Manzini, Shanghai AirlinesSwaziland 212 Jiangning Road

Shanghai, People’s Republic of China 200041People’s Republic of ChinaRoyal Tongan Airlines *

Royco Building, Fatafehi RoadShenzhen Airlines Co. Ltd. * and **Private Bag 9Bao’an International AirportNuku’alofa,Shenzhen,Tonga S.W.P.People’s Republic of China

Rwandair Express * SIA CargoCentenary Building (Caritas), 2nd Floor 30 Airline RoadKigali, 05-J SATS Airfreight Terminal 5Rwanda Singapore,

Singapore 819830SA Airlink * and ***Centenary Building (Caritas), 2nd Floor, Siberia Airlines

Ob-4P.O. Box 7275Kigali, Novosibirsk Region

Russian Federation 633104Rwanda

70


Sierra National Airlines * SWISSP.O. Box25 Pultney Street

P.O. Box 285 Basel, 4002SwitzerlandFreetown,

Sierra LeoneSyrianairYoussef Al-Azmeh SquareSilkair *P.O. Box 417SIA Superhub, Airfreight Terminal 5Damascus,5th Storey, Core L, 30 Airline RoadSyrian Arab RepublicSingapore,

Singapore 819830T.M.A. * and ***Beirut International AirportSingapore Airlines Cargo * and ***P.O. Box 3005-J SATS Airfreight Terminal 5Beirut, 100130 Airline Road, 819830LebanonSingapore

TACASkyways *Edificio Caribe 2 PisoLinkopings FlygplatsColonia EscalonP.O. Box 1537San Salvador,Linkoping, S-581 15El SalvadorSweden

TAL (Tassili Airlines)SN Brussels AirlinesRoute de Sidi MoussaCorporate VillageCase Postale 319Da Vincilaan 9, Box 4.1Dar El Beida, Alger 16000Zaventem, B-1930AlgeriaBelgium

TAM Linhas Aereas *Solomon Airlines * Av. Jurandir, No. 856, Lote 4Mendana Avenue Jardim CeciP.O. Box 23 Sao Paulo, SPHoniara, Guadalcanal Brazil CEP 04072-000Solomon Islands

TAM – Transportes Aereos del Mercosur SociedadSouthern Winds * and ** Anonima *Suipacha 1111 piso 26 Hangar TAMBuenos Aires, Aeropuerto Internacional “Silvio Pettirossi”Argentina C1008AAW Asuncion,

ParaguaySpanair *Aeropuerto Palma de Mallorca TAP – Air PortugalP.O. Box 50086 Aeroporto de Lisboa, Building 27, 10th FloorPalma de Mallorca, Baleares 07000 P.O. Box 50194Spain Lisbon,

Portugal 1704-801SriLankan#22-01, East Tower, World Trade Centre, TAROM S.A.

Echelon Square Bucuresti, Soseaua, Bucuresti-Ploiesti KM 16.5P.O. Box 670, Colombo 01 P.O. Box I-21Sri Lanka Bucuresti, 75910

RomaniaSudan AirwaysS.D.C. Building, St-15, New Extension Thai AirwaysP.O. Box 253 89 Vibhavadi Rangsit RoadKhartoum, P.O. Box 1075Sudan Bangkok, 10900

ThailandSurinam Airways *Coppenamestraat 136 THY

HQ, Genel Mudurlugu, Ataturk HavalimaniP.O. Box 2029Paramaribo, Yesilkoy-Istanbul, 34 149

TurkeyRepublic of Suriname

71


TNT Airways S.A. * and *** VASP *Pca. Cte. Lineu Gomes, s/nRue de l’Aeroport 58

Aeroport de Liege Edificio Sede – Aeroporto de CongonhasSao Paulo,Grace-Hollogne, 4460

Belgium Brazil 04626-910

Virgin Atlantic *Transaero2 Smolensky Per, 3/4 Crawley Business Quarter, Manor Royal

Crawley, West Sussex RH10 9NUMoscow,121099Russian Federation United Kingdom

Vladivostok AirTransAsia Airways Corp. *9F, No. 139, Cheng-Chou Road, 103 41 Portovaya St.

Artyom, Primorski Region 692756Chinese TaipeiRussian Federation

Transportes Aereos del Mercosur SociedadAnonima (TAM) Volare Airlines *

Via Carlo No. 3Hanagar TAM/ARPAAeropuerto Internacional “Silvio Pettirossi” Gallarate (Varese),

Italy 21013Asuncion,Paraguay

Volga-Dnepr Airlines *Karbysheva, 14Tunis AirUlyanovsk, 432072Boulevard du 7 Novembre 1987Russian FederationRoute de L’Aeroport, Tunis-Carthage

Tunis, 2035Wideroe *TunisiaEyvind Lyches Vei 10P.O. Box 312Turkmenistan Airlines *Sandvika, N-1301Ch. Nurymov str., 3ANorwayAshgabat, 744000

Turkmenistan Xiamen Airlines *22 Dailiao Road

Ukraine International Airlines * Xiamen, Fujian 36100663 A, B. Khmelnytskoho St. People’s Republic of ChinaKiev,Ukraine 01054 Yemenia

Yemenia Head Office Bldg., Airport Rd.United Airlines P.O. Box 11831200 East Algonquin Rd., Elk Grove Township Sana’a,Chicago, Illinois 60007 Republic of YemenUSA

Zambian Airways * and **Lusaka International AirportUPS Airlines * and ***

1400 North Hurstbourne Parkway P.O. Box 310277Lusaka,Louisville, Kentucky 40223

USA Zambia

US Airways, Inc. *2345 Crystal Drive, Crystal Park 4Arlington, Virginia 22227USA

VARIGEdificio Ruben Berta, 365 Av. Almirante Sylvio

de NoronhaRio de Janeiro, 20021-010Brazil

Varig Log * and ** and ***Rua Fidencia Ramos, No. 22314° andar, Vila OlımpicaSao Paulo, 04551-010Brazil

72

c

STATEMENT OF GENERALCONCURRENCE

APPOINTMENT OF IATA CARGOINTERMEDIARIES UNDER A SYSTEMOF GENERAL CONCURRENCE FORINTERMEDIARIES REGISTERED INTHE IATA EUROPEAN AIR CARGOPROGRAMME (EACP)

(Name of Member Airline)

1) Hereby deposits with the IATA Director General, itsstatement of General Concurrence in the appointment ofthose Intermediaries registered in the IATA European AirCargo Programme (EACP) with whom it has elected to dobusiness.

2) Hereby concurs with the terms and conditions of IATAResolution 805zz and other IATA Resolutions applicablewithin the EACP.

3) Hereby acknowledges, as a member of the EACP, parti-cipating in the Cargo Accounts Settlement System (CASS)and the Cargo Industry Credit Scheme (CICS), that anyrequirements for any additional bonds/financial guaranteesetc outside of any which may be provided for by the EACPshall be waived.

4) Hereby confirms that this General Concurrence shallbe effective in all countries where the ECAP applies from01 May 2004, or later date if specified and shall remain ineffect until withdrawn by notice in writing to the IATA DirectorGeneral. The Member Airline confirms that any countriesfor which the Member Airline does not wish to participatein the EACP are set out below:

(Any excluded countries to be listed)

5) Hereby acknowledges that the appointment of anyparticular Intermediary under this General Concurrence maybe withdrawn by notice in writing to such Intermediary witha copy to the IATA Director General.

By:(Signature) (Name of Airline)

(Name) (Title)

(e-mail address) (Date)

73


IATA MEMBER AIRLINES APPOINTING BY GENERAL CONCURRENCEJ

The following Members have deposited a Statement of General Concurrence with the Agency Administrator for the appointmentof Agents/Intermediaries pursuant to the provisions of Resolutions 801, 805 and 807, Section 2, Subparagraph 2.4.1.1(a),Resolution 803, Section 1, Subparagraph 1.4.1.1., and Resolutions 809 and 813, Section 3, Subparagraph 3.4.1.1.

The Chart shows three columns indicating by an ‘x’ whether such appointment by general concurrence applies to Agents/Intermediaries situated in Area 1, 2 or 3 and the European Air Cargo Programme (EACP). Where such appointment for anarea is limited to or excludes a certain geographical area a note is shown instead of an ‘x’.

In order to act as an appointed Agent/Intermediary for Members not listed below, or not listed for a particular area or incountries or geographical areas not covered by the general concurrence, an Agent/Intermediary must hold a valid Certificateof Appointment.

EACP Area 1 Area 2 Area 3

ADRIA AIRWAYS XAER LINGUS (EI) X XAEROLINEAS ARGENTINAS (AR) X X XAEROMEXICO (AM) XAIR ALGERIE (AH) 9AIR CANADA (AC) X 1 5 26AIR FRANCE (AF) X X X XAIR–INDIA (AI) 1 16 XAIR MALAWI (QM) XAIR MALTA P.L.C. (KM) X X 24AIR MAURITIUS (MK) XAIR NEW ZEALAND (NZ) X XAIR NIUGINI (PX) X X XAIR PACIFIC (FJ) XAIR VANUATU (NF) XAIR ZIMBABWE (UM) X XALASKA AIRLINES (AS) 1ALITALIA S.P.A. (AZ) X X X XALL NIPPON AIRWAYS (NH) X 8 X XAMERICAN AIRLINES (AA) X X X XANGOLA AIRLINES (DT) 13AUSTRIAN AIRLINES (OS) X X X XAVIANCA (AV) 6 XBRITISH AIRWAYS (BA) X X X XBWIA WEST INDIES AIRWAYS LTD XCARGOLUX AIRLINES INT SA XCATHAY PACIFIC (CX) X X X XCONTINENTAL AIRLINES (CO) X X XCUBANA (CU) X X XCYPRUS AIRWAYS (CY) X XCZECH AIRLINES (OK) X X X XDELTA AIR LINES (DL) X X XDRAGONAIR (KA) XEGYPTAIR (MS) 20 XEL AL (LY) X X XEMIRATES (EK) X X X XETHIOPIAN AIRLINES (ET) X XFEDERAL EXPRESS (FX) X X XFINNAIR (AY) X X XGARUDA (GA) X XGHANA AIRWAYS (GH) X XGULF AIR (GF) X X XIBERIA (IB) X X XICELANDAIR (FI) XIRAN AIR (IR) X XJAPAN AIRLINES (JL) X X X XJAPAN AIR SYSTEM (JD) 21JAT AIRWAYS X X X XKENYA AIRWAYS (KQ) 16 XKLM – KLM ROYAL DUTCH AIRLINES (KL) X X X X

74

c IATA Member Airlines Appointing by General Concurrence

EACP Area 1 Area 2 Area 3

KOREAN AIR (KE) X 1 31 24KUWAIT AIRWAYS (KU) X 14 XLACSA – LINEAS AEREAS COSTARRICENSES S.A. (LR)LAN AIRLINES CARGO SALAN AIRLINES S.A. (LA) X X XLAN CHILE CARGO (UC) XLIBYAN ARAB AIRLINES (LN) 14LOT – POLISH AIRLINES (LO) X X XLTU – LTU INTERNATIONAL AIRWAYS (LT) XLUFTHANSA CARGO (LH) X X X XLUXAIR (LG) XMALAYSIA AIRLINES (MH) XMALEV – HUNGARIAN AIRLINES PUBLIC LTD. CO. (MA) 19MEA – MIDDLE EAST AIRLINES AIRLIBAN S.A. (ME) X X 14 XNIPPON CARGO AIRLINES (KZ) X X XNORTHWEST AIRLINES (NW) X X XOLYMPIC AIRLINES X X XPAL – PHILIPPINE AIRLINES INC. (PR) 1 11 XPIA – PAKISTAN INTERNATIONAL AIRLINES CORP. (PK) X 17 XPOLYNESIAN AIRLINES (PH) XQANTAS (QF) 33 X X XREGIONAL EXPRESS – HAZELTON AIR SERVICES PTY LTD. (ZL) XROYAL JORDANIAN (RJ) X 9 XSAA – SOUTH AFRICAN AIRWAYS (SA) X X XSAS – SCANDINAVIAN AIRLINES SYSTEMS (SK) X X X XSIA – SINGAPORE AIRLINES LTD. (SQ) X X XSINGAPORE AIRLINES CARGO (SQ) X X X XSOLOMON AIRLINES (IE) XSRILANKAN (UL) X XSWISS (LX) X XSYRIANAIR (RB) 15TAP – AIR PORTUGAL (TP) X X XTHAI AIRWAYS (TG) X 32THY – TURKISH AIRLINES INC. (TK) X XT.M.A. – TRANS MEDITERRANEAN AIRWAYS S.A.L. (TL) X 14 XUNITED AIRLINES (UA) 1 X XVARIG (RG) X X XWIDEROE (WF) 29

75


EXPLANATION OF NOTES:1. Canada only.2. Caribbean only.3. Mexico only.4. South America only.5. United Kingdom only.6. Except Colombia.7. Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama only.8. Except Canada.9. Except Israel.

10. Intentionally omitted.11. Limited to the following countries: Austria, Belgium, Denmark, France, Germany, Greece, Italy, Malta, Netherlands,

Norway, Portugal, Spain, Sweden, Switzerland, Turkey and the United Kingdom.12. Note not currently in use.13. Except Israel and South Africa.14. Except Israel and Zimbabwe.15. Limited to Europe and the following countries: Bahrain, Egypt, Kuwait, Lebanon, Malawi, Oman, Qatar, Saudi Arabia,

Tunisia, United Arab Emirates and Zambia.16. Except South Africa and Zimbabwe.17. Except Held Territories, Israel, South Africa and Zimbabwe.18. Intentionally left blank.19. Netherlands only.20. Except Gaza, Held Territories, Israel, South Africa (incl. South West Africa/Namibia) and Zimbabwe.21. Limited to Japan, Korea, Malaysia, Singapore and Taiwan.22. Limited to Australia, Fiji, Hong-Kong, Japan, Korea, New Zealand and Taiwan.23. Intentionally left blank.24. Australia only.25. Intentionally left blank.26. Singapore only.27. Intentionally left blank.28. Europe only.29. Scandinavia including Finland and Iceland.30. Intentionally left blank.31. Limited to Austria, France, Germany, Italy, Netherlands, Switzerland and United Kingdom.32. Except Cook Islands, Fiji, Macau and Papua New Guinea.33. only for France, Germany, Spain and United Kingdom.

76

c

CZECH REPUBLICFIATA NATIONAL ASSOCIATIONSASSOCIATION OF FORWARDING AND LOGISTICS OF— EUROPETHE CZECH REPUBLIC -SSL-Hansa Trade Center, Ul. 1. pluku 8-10

AUSTRIA CZ-10186 PRAGUE 8

Phone: ++420-2-24 89 13 03ZENTRALVERBAND SPEDITION & LOGISTIK -ZV-Fax: ++420-2-24 89 13 03Mariahilfer Grtel 39/1/1/8Internet: www.sslczech.czPostfach 207E-Mail: [email protected] WIENPresident:

Phone: ++43-1-512 35 38 Mr Josef HolanFax: ++43-1-513 14 15

Manager:Internet:Mr Jiri KladivaE-Mail: [email protected]

President: DENMARKMrs Heidegunde Senger-Weiss THE DANISH FREIGHT FORWARDERS

ASSOCIATION -DSF-Manager:BorsenMr Andreas DemmerDK-1217 COPENHAGEN

Phone: ++45-70 13 12 00BELGIUMFax: ++45-70 13 12 01Internet: www.dasp.dkCONFEDERATION DES EXPEDITEURS DE BELGIQUEE-Mail: [email protected]

Jordaenskaai 25 — Bus 3 President:BE-2000 ANTWERPEN Mr Bjarne Steffensen

Manager:Phone: ++32-3-233 67 86Mr Torben HolmFax: ++32-3-231 82 02

Internet: www.conexbe.beESTONIAE-Mail: [email protected]

ESTONIAN FREIGHT FORWARDERS ASSOCIATIONPresident:-EFFA-Mr Jean-Claude DelenTulika 19EE-10613 TALLINNManager:

Mr Frank Boogaerts Phone: ++372-6-50 51 02Fax: ++372-6-50 51 03Internet: www.effa.eeCYPRUSE-Mail: [email protected]

CYPRUS CLEARING AND FORWARDING AGENTSPresident:

ASSOCIATION -CCFAA- Mr Jaan Lepp339, Saint Andrew, Andrea Chambers Bldg.

Manager:Office No. 201Mrs Kersti KraasP.O. Box 53124

CY-3300 LIMASSOLFINLAND

Phone: ++357-25-37 01 65FINNISH FREIGHT FORWARDERS’ ASSOCIATION —Fax: ++357-25-37 02 91SUOMEN HUOLINTALIIKKEIDEN LIITTO RY

Internet: www.ccci.org.cy Etelaranta 10 (3rd floor)E-Mail: [email protected] FI-00130 HELSINKI

President: Phone: ++358-9-17 28 31Mr Andreas Kazoulis Fax: ++358-9-17 28 32 56

Internet: www.huolintaliitto.fiManager: E-Mail: [email protected] Iacovos Hadjivarnavas

President:Mr Henry Fagerstrm

Manager:Mr Krister Kronlund

77


FRANCE IRELANDTLF — TRANSPORT ET LOGISTIQUE DE FRANCE IRISH INTERNATIONAL FREIGHT ASSOCIATION -iifa-71, rue Desnouettes Merchamp HouseFR-75015 PARIS Vernon Avenue, Clontarf

IE-DUBLIN 3Phone: ++33-1-53 68 40 40Fax: ++33-1-53 68 40 99 Phone: ++353-1-833 14 29Internet: www.e-tlf.com Fax: ++353-1-853 22 68E-Mail: [email protected] Internet: www.iifa.iePresident: E-Mail: [email protected] Alain Breau

President:Mr Alain FauqueurMr Michael Connolly

Manager:Manager:Mr Herve CornedeMr Pakenham Pim

GERMANYITALYDEUTSCHER SPEDITIONS- UND LOGISTIKVERBAND

E.V. -DSLV- FEDERAZIONE NAZIONALE DELLE IMPRESE DIWeberstrasse 77 SPEDIZIONI INTERNAZIONALI — FEDESPEDI -P.O. Box 1360 Via Emilio Cornalia 19DE-53003 BONN IT-20124 MILANOPhone: ++49-228-91 44 00 Phone: ++39-02-67 15 41Fax: ++49-228-914 40 99 Fax: ++39-02-67 07 22 85Internet: www.spediteure.de Internet: www.fedespedi.itE-Mail: [email protected] E-Mail: [email protected]:

President:Mr Manfred F. BoesMr Pietro Vavassori

Manager:Manager:Mr Heiner RoggeMr Alberto Petrozzi

GREECELATVIAASSOCIATION OF INTERNATIONAL FREIGHT

FORWARDERS & LOGISTICS ENTERPRISES OF LATVIAN NATIONAL ASSOCIATION OF FREIGHTGREECE -IFFAG&L- FORWARDERS -LAFF-137, Syngrou Avenue Ventspils 50GR-17121 ATHENS LV-1002 RIGAPhone: ++30-210-931 79 41

Phone: ++371-7-60 34 83Fax: ++30-210-931 79 40Fax: ++371-7-60 13 19Internet: www.otenet.gr/synddeInternet: www.laff.lvE-Mail: [email protected]: [email protected]

President:President:Mr Alex PanokisMr Gundars Liberts

Manager:Manager:Ms Irini LerakiMr Raimonds Toms

HUNGARYLITHUANIAASSOCIATION OF HUNGARIAN FORWARDING AND

LOGISTIC SERVICE PROVIDERS (MAGYAR FREIGHT FORWARDERS ASSOCIATION IN LITHUANIASZALLITMANYOZOI ES LOGISZTIKAI SZOLGALTATOK Plytu 10SZVETSEGE) P.O. Box 7P.O. Box 337 LT-5800 KLAIPEDAHU-1364 BUDAPESTPhone: ++370-6-31 16 11Phone: ++36-1-266 69 12Fax: ++370-6-31 16 11Fax: ++36-1-266 77 44Internet:Internet: www.freightforwarders.huE-Mail: [email protected]: [email protected]:President:Mr Mindaugas KaraliusMr Istvan Kautz

Manager:Manager:Mr Imre Torma Mr Kestutis Norkus

78

c FIATA National Associations — Europe

LITHUANIAN NATIONAL FREIGHT FORWARDERS PORTUGALASSOCIATION -LINEKA- ASSOCIACAO DOS TRANSITARIOS DE PORTUGALVerkiu 44 — 306 -APAT-LT-2600 VILNIUS Av. Duque de Avila 9-7Phone: ++370-2-77 90 36 PT-1000-138 LISBOAFax: ++370-2-77 90 36

Phone: ++351-21-318 71 00Internet: www.lineka.ltFax: ++351-21-318 71 09E-Mail: [email protected]: www.apat.pt

President: E-Mail: [email protected] Vytautas Levickas

President:Manager: Mr Henrique CardosoMrs Olga Fadina

Manager:Mr Rogerio Alves VieiraNETHERLANDS

FENEX — NETHERLANDS ASSOCIATION FOR SLOVAKIAFORWARDING AND LOGISTICS

ASSOCIATION OF LOGISTICS AND FREIGHTECT Building 3, Seattleweg 7FORWARDING OF THE SLOVAK REPUBLIC -ZLZ SR-Portnumber 2801Nobelova 18P.O. Box 54200SK-83102 BRATISLAVANL-3008 JE ROTTERDAM

Phone: ++31-10-402 03 98 Phone: ++421-2-49 23 12 78Fax: ++31-10-452 73 67 Fax: ++421-2-44 45 90 21Internet: www.fenex.nl Internet: www.zzs.skE-Mail: [email protected] E-Mail: [email protected]

President: President:Mr Th.C. Damen Mr Frantisek Komora

Manager: Manager:Mr P.J.N. Van Os Mr Libor Kysucky

NORWAY SLOVENIANORWEGIAN LOGISTICS AND FREIGHT CHAMBER OF COMMERCE AND INDUSTRY OFASSOCIATION SLOVENIA Transport and Communications AssociationEssendropsgate Dimiceva 13Postboks 5489, Majorstuen 3 SI-1504 LJUBLJANANO-0305 OSLO

Phone: ++386-1-589 82 32Phone: ++47-23 08 87 80 Fax: ++386-1-589 81 00Fax: ++47-23 08 87 81 Internet: www.gzs.siInternet: www.ltl.no E-Mail: [email protected]: [email protected]

President:President:Mr Rok SvetekMr Michael HolmstromManager:Manager:Mr Victor TrstenjakMr Tom Rune Nilsen

SPAINPOLANDFEDERACION ESPANOLA DE TRANSITARIOS,POLISH INTERNATIONAL FREIGHT FORWARDERSEXPEDIDORES INTERNACIONALES Y ASIMILADOSASSOCIATION -PIFFA--FETEIA-Swietojanska Str. No. 3/2Via Laietana, 32-34 — 4PL-81-368 GDYNIAES-08003 BARCELONA

Phone: ++48-58-620 98 26Phone: ++34-93-268 94 30Fax: ++48-58-661 39 35Fax: ++34-93-319 20 80Internet: www.pisil.3miasto.netInternet: www.feteia.orgE-Mail: [email protected]

President:President:Mr Jordi MallolMr Franciszek Jasniak

Manager: Manager:Mr Manuel M. Vicens MatasMrs Elzbieta Soszynska

79


SWEDEN

SWEDISH INTERNATIONAL FREIGHT ASSOCIATION-SIFA-Ansgariegatan 10P.O. Box 17114SE-10462 STOCKHOLM

Phone: ++46-8-442 43 80Fax: ++46-8-84 43 00Internet: www.swedfreight.seE-Mail: [email protected]

President:Mr Jan Sundling

Manager:Mr Stefan Back

SWITZERLAND

VERBAND SCHWEIZERISCHER SPEDITIONS- UNDLOGISTIKUNTERNEHMEN-SPEDLOGSWISSElisabethenstrasse 44P.O. BoxCH-4002 BASEL

Phone: ++41-61-205 98 00Fax: ++41-61-205 98 01Internet: www.spedlogswiss.comE-Mail: [email protected]

President:Mr Paul Kurrus

Manager:Mr Martin Oeschger

UNITED KINGDOM

BRITISH INTERNATIONAL FREIGHT ASSOCIATION —BIFARedfern House, Browells LanceGB FELTHAM, MIDDLESEX TW13 7EP

Phone: ++44-208-8442266Fax: ++44-208-8905546Internet: www.bifa.orgE-Mail: [email protected]

President:Mrs Valerie Strachan

Manager:Mr Colin S. Beaumont

Individual National Associations logos will be added inthe final version of the Handbook

80

SECTION 3

81

82

c Resolution 600

10. No Member shall make any additions, deletions orJ RESOLUTION 600*changes to transportation documents other than to an aircarrier’s air waybill or shipment record.THE CONSIGNMENT11. If a consignment consists in part of articles subject toCSC(17)600 Expiry: Indefinitethe IATA Dangerous Goods Regulations, such articles mustCSC(19)600 Type: AA be offered separately and must be clearly indicated on theair waybill or in the shipment record in accordance with

RESOLVED that, in respect of any consignment: Resolution 600a.

DEFINITION TRACING OF CONSIGNMENTS1. As used in Conference Resolutions, the term “consign- 12. No Member shall trace or provide forwarding, deliveryment” means one or more pieces of goods, accepted by or other information for the consignment or any part thereofthe carrier from one shipper at one time and at one address, pertaining to circumstances occurring after delivery to thereceipted for in one lot and moving on one air waybill or consignee named on the air waybill or in the shipmentshipment record to one consignee at one destination record, except in response to an enquiry initiated by aaddress. Government agency or in connection with a written claim

for concealed loss or damage.ISSUE OF AIR WAYBILL (see also

RELEASE OF CONSIGNMENTResolutions 600a and 600b)13. No Member shall accept requests or instructions from2. In international carriage one individual air waybill musta Shipper or Agent to obtain, prior to release of a consign-be issued for each consignment unless a shipment recordment to the consignee, proof of payment for the goods oris to be created.acceptance of a draft(s) or similar document(s).

3. No carrier shall execute the air waybill or carry any partof a consignment until the complete consignment has beenreceived.

4. Notwithstanding anything above, an individual airwaybill shall not be required for the transportation of news-paper consignments wholly within the area of Norway,Sweden, Denmark and/or Finland.

USE OF A SHIPMENT RECORD (seeResolution 600f)

5. With the consent of the shipper, a shipment record maybe substituted for an air waybill (see Resolution 600h).

6. Where a shipment record has been substituted for theuse of an air waybill, the shipper may request and shallreceive a Receipt for the Cargo (see Resolution 600g).

7. No carrier shall create a shipment record or carry anypart of a consignment until the complete consignment hasbeen received.

TRANSFER OF TITLE OF PROPERTY8. No Member shall execute for a shipper and/orconsignee — as a service incidental to the transportationof goods — any document intended for the sole purpose ofeffecting transfer of title of such goods.

ACCEPTANCE OF CONSIGNMENT9. The shipper shall be required to address legibly anddurably each component part of the consignment showingthe same consignee’s name, address and country. Theseshall be the same as on the air waybill or as entered intothe shipment record. Alternatively this information may beshown on one or more component parts provided that allother parts of the consignment are cross-referenced.

* This Resolution is in the hands of all IATA Cargo Agents.

83


RESOLUTION 600a* RESOLUTION 600aAIR WAYBILL Attachment ‘A’CBPP(12)600a* Expiry: Indefinite

AIR WAYBILL — TECHNICALCBPP(13)600aCSC(19)600a* Type: B SPECIFICATIONS

1. INTRODUCTIONCSC(26)600a* Expiry: IndefiniteCBPP(15)600a* Type: B 1.1 The air waybill is a document which shall be either an

air waybill referred to as an “airline air waybill”, withRESOLVED that: preprinted issuing carrier identification, or an air waybill

referred to as a “neutral air waybill” without preprinted identi-J 1. For international transportation of cargo, IATA Membersfication of the issuing carrier in any form and used by othershall use an air waybill as set forth in Attachments ‘A’ and ‘B’than an air carrier.or a shipment record as defined in Resolution 600f.

2. The air waybill is a document which shall be either an airwaybill referred to as an “airline air waybill”, with preprinted 2. MEASUREMENTS OF THE AIRissuing carrier identification, or an air waybill referred to as WAYBILLa “neutral air waybill” without preprinted identification of theissuing carrier in any form and used by other than an air The outside measurements of the air waybill shall becarrier. between 208 mm (8.2 in) and 230 mm (9 in) in width and

between 274 mm (10.8 in) and 305 mm (12 in) in length.3. The issuing carrier is either:The size of the boxes and their distances from the upper3.1 in the case of an “airline air waybill”, the carrier whoseleft hand paper edges shall be maintained exactly as shownform is used; orin Appendix ‘A’.

3.2 in the case of a “neutral air waybill”, either:

3.2.1 the first carrier, or 3. DESCRIPTION OF THE AIRLINE3.2.2 an intended participating carrier in the routing, or AIR WAYBILL SET3.2.3 a carrier acting as the handling agent or sales agent

The airline air waybill set shall be printed as specified below:for the first carrier at origin.3.1 the Original 3 (for Shipper) shall have the same layout,4. In a non-CASS environment, neutral air waybills shallwording and shading as specified in Appendix ‘B’;not be used except when completed by a computer system.

5. Proposals to amend the air waybill may be submitted 3.2 the Copy 4 (Delivery Receipt) shall have the sameto the Secretary, Cargo Services Conference at any time. layout, wording and shading as specified in Appendix ‘C’;Such proposals shall be circulated to all members of the

3.3 the Original 1 (for Issuing Carrier) and Original 2 (forCargo Business Processes Panel for consideration andConsignee) shall have the same layout, wording and shad-agreement.ing as specified in Appendix ‘D’;6. If agreed, such proposals shall be circulated to all

Members by Notice of Amendment in accordance with the 3.4 all other copies shall have the same layout, wordingprocedures detailed in Resolution 601. and shading as specified in Appendix ‘E’;7. Amendments agreed to Attachment ‘A’ need not be put

3.5 the airline air waybill shall be in a set of a minimuminto effect until the time of next printing of the air waybillof eight copies and shall be marked in the order shown.but in no event later than 18 months after the declarationColour is optional and airlines shall accept both colouredof effectiveness of these amendments.and non-coloured coded air waybills.

8. Air waybill completion examples in the Air Waybill Hand-book (Attachment ‘B’, Appendix ‘C’), published separately

Title Colourshall be developed by the Secretariat in accordance withthe procedures in Attachment ‘B’ hereto and current tariff

Original 3 (for Shipper) Bluerules.Copy 8 (for Agent) WhiteOriginal 1 (for Issuing Carrier) GreenOriginal 2 (for Consignee) PinkCopy 4 (Delivery Receipt) YellowCopy 5 (Extra Copy) WhiteCopy 6 (Extra Copy) WhiteCopy 7 (Extra Copy) White

If using colour, copies shall be either coloured paper orwhite paper with appropriate colour ink imprinted thereon,

* This Resolution is in the hands of all IATA Cargo Agents. as referred above;

84

c Resolution 600a — Attachment ‘A’

3.6 additional copies, having the same layout, wording 4.5.2 two sets of four copies each:and shading as Appendix ‘E’, may be included in the airline First setair waybill set to a maximum of five copies. These must beprinted on white paper marked “Copy XX (Extra copy for

Title ColourCarrier)”, where XX denotes the number of the copy of theairline air waybill, and may be placed anywhere in the airline Original 3 (for Shipper) Blueair waybill set following Original 1 (for Issuing Carrier); Copy 8 (for Agent) White

Original 1 (for Issuing Carrier) Green3.7 notwithstanding the provisions of 3.5 and 3.6, whenCopy 7 (Extra Copy) Whitean air carrier uses an automated system to issue the airline

air waybill: Second set3.7.1 the airline air waybill shall be executed in a set whichincludes at least the three original copies, Title Colour

3.7.2 further copies of the airline air waybill may beOriginal 2 (for Consignee) Pinkproduced by automated means at origin, en route or at Copy 4 (Delivery Receipt) Yellow

destination as required, Copy 5 (Extra Copy) WhiteCopy 6 (Extra Copy) WhiteJ 3.7.3 upon interline transfer,

3.7.3.1 when the exchange of a shipment record is not 4.6 paper and carbon, where used, shall be of such qualitypossible, at least five copies, of which one copy is entitled that all copies are clearly legible;“Original 2 (for Consignee)” and one copy is entitled “Copy 4

4.7 fastening or stub shall:(Delivery Receipt)”, shall be provided to the onward carrier,4.7.1 hold the neutral air waybill set together so that it does3.7.3.2 when the exchange of a shipment record isnot disintegrate into loose sheets of paper during normalpossible, it is not required that copies of an air waybill behandling, andprovided to the onward carrier. However the carriers

involved must agree to adhere to the provisions of Resolu- 4.7.2 be precut and of such nature that copies can betion 600f, pulled easily and that when a part is pulled, the page does

not tear apart.4. DESCRIPTION OF THE NEUTRALAIR WAYBILL SET 5. DESCRIPTION OF THE FACE OF

THE AIRLINE AIR WAYBILLThe neutral air waybill set shall be printed as specifiedbelow: 5.1 In addition to the information as illustrated in

Appendices ‘B’ – ‘E’:4.1 the Original 3 (for Shipper) shall have the same layout,wording and shading as specified in Appendix ‘B’; 5.1.1 the air waybill number shall be placed in the upper

left corner, in the upper right corner and in the lower right4.2 the Copy 4 (Delivery Receipt) shall have the samecorner of all copies of the airline air waybill as shown inlayout, wording and shading as specified in Appendix ‘C’;Appendix ‘A’;

4.3 the Original 1 (for Issuing Carrier) and Original 2 (for5.1.2 the air waybill number shall consist of the issuingConsignee) shall have the same layout, wording and shad-carrier’s three-digit IATA airline code number and a serialing as specified in Appendix ‘D’;number of eight digits including a check digit placed in the

4.4 all other copies shall have the same layout, wording extreme right hand position;and shading as specified in Appendix ‘E’;

5.1.3 the check digit shall be determined by using the4.5 the neutral air waybill shall be either in a set of a unweighted Modulus 7 system;minimum of eight copies in the order and marked as shown

5.1.4 the serial number shall be of the same size, similarin 4.5.1; or in two sets of a minimum of four copies each instyle of type (font) and of the same boldness as the airlinethe order and marked as shown in 4.5.2. Colour is optionalcode number;and airlines shall accept both coloured and non-coloured

coded air waybills. If using colour, copies shall be either 5.1.5 a separating hyphen placed between the airline codecoloured paper or white paper with appropriate colour ink number and the serial number shall be used for the numberimprinted thereon, as referred to below; shown in the upper right corner and in the lower right corner;4.5.1 one set of eight copies: 5.1.6 in the Shipper’s Certification box, the part of the

statement referring to the Dangerous Goods RegulationsTitle Colour from the word “insofar …” shall be printed in bold type.

5.2 In addition to the information illustrated in Appen-Original 3 (for Shipper) Bluedices ‘B’ – ‘E’, the following features may also be shown atCopy 8 (for Agent) White

Original 1 (for Issuing Carrier) Green carrier’s option:Original 2 (for Consignee) Pink

5.2.1 a space may be inserted in the serial number of theCopy 4 (Delivery Receipt) Yellowairline air waybill between the fourth and fifth digits;Copy 5 (Extra Copy) White

Copy 6 (Extra Copy) White 5.2.2 carrier’s insignia may be printed in the issuingCopy 7 (Extra Copy) White carrier’s name and address box;

85


5.2.3 the notice containing reference to the carrier’s Condi- from the word “insofar …” shall be printed in bold type;tions of Contract may be printed on all copies which are not 6.1.2 the printer’s reference shall be printed in the loweroriginals except Copy 4 (Delivery Receipt); left corner of all copies of the neutral air waybill in the follow-

ing sequence:5.2.4 the space in the box below the reference to thecarrier’s Conditions of Contract, may be used to print other 6.1.2.1 printer’s name,related statements as may be necessary to conform to

6.1.2.2 production reference number,national requirements;6.1.2.3 production date;5.2.5 “Requested Flight/Date” box may be without title;6.1.3 the content of the following neutral air waybill boxes5.2.6 the words “Also Notify” may be printed after the titlemay be printed:of the “Accounting Information” box (applicable for domestic

transportation only); 6.1.3.1 issuing carrier’s agent, name and city box with theissuing carrier’s agent’s name and city,5.2.7 the “Amount of Insurance” box and adjacent “Insur-

ance” clause box may be shaded and without title or printing 6.1.3.2 agent’s IATA code box with the agent’s IATA codeof clause; number,5.2.8 a box titled “TC” (for Transaction Correction), the 6.1.3.3 signature of shipper or his agent box with thesize of which is limited to two characters and located to the agent’s name.right of the “Insurance” clause box, may be provided; 6.2 Nothing additional may be printed and/or overprinted5.2.9 “Handling Information” box may include the printing on the neutral air waybill.of not more than five subtitles. A box titled “SCI” (for SpecialCustoms Information), with dimensions of 8 mm × 30 mm 7. DESCRIPTION OF THE REVERSE(0.3149 in × 1.1811 in), is to be inserted in the bottom right SIDE OF THE AIRLINE AND NEUTRALcorner of this box (insertion of this box is mandatory); AIR WAYBILL5.2.10 when the air waybill is issued in the United States, 7.1 The currently effective IATA Conditions of Contractthe statement “These commodities, technology or software shall be printed on three original copies of airline and neutralwere exported from the United States in accordance with air waybills as a minimum requirement. They may also bethe Export Administration Regulations. Diversion contrary printed on other copies of the air waybill.to USA law prohibited” may be printed in the “HandlingInformation” box; 7.1 The currently effective IATA Conditions of Contract

shall be printed on a minimum of the three original copies5.2.11 the description of the charges/fees frequentlyof the airline and neutral air waybill.incurred may be printed in the first two lines of the “Other

Charges” box;7.2 Domestic Conditions of Contract, separate from the

5.2.12 “Tax” boxes may be shaded and without title; currently effective IATA Conditions of Contract, may addi-tionally be printed on the airline air waybill at carrier’s option.5.2.13 any special services provided may be printed in the

shaded boxes below the “Total Other Charges Due Carrier”boxes;

5.2.14 language(s) or an annotation may be printed at thebottom of the air waybill indicating that the wording of theform is available in another language and where it may beobtained;

5.2.15 bar coded air waybill numbers, if used, shall beprinted in accordance with Recommended Practice 1600tand shall be shown in at least one of the locations illustratedin Appendix ‘F’. Note: For air waybills produced on U.S.Letter Size paper, the lower right corner cannot apply dueto space limitation;

5.2.16 the three “Optional Shipping Information” boxesmay be shaded and without title. Insertion of these boxesis mandatory;

5.2.17 nothing additional may be printed and/or over-printed on the airline air waybill.

6. DESCRIPTION OF THE FACE OFTHE NEUTRAL AIR WAYBILL6.1 In addition to the information as illustrated inAppendices ‘B’ – ‘E’:

6.1.1 in the Shipper’s Certification box, the part of thestatement referring to the Dangerous Goods Regulations

86

c Resolution 600a — Attachment ‘A’, Appendix ‘A’

RESOLUTION 600aAttachment ‘A’Appendix ‘A’

0 10 20 30 40 50 60 70 80

10 20 30 40 50 60 70 80

Each unit is 2.54 mm or 1/10 of an inch

Each unit is 2.54 mm or 1/10 of an inch

0

Each

un

itis

4.2

3m

mo

r1

/6o

fan

inch

0

5

10

15

20

25

30

35

40

45

50

55

60

65

70

1

2

3

4

5

6

7

8

9

10

11

12

Each

un

itis

4.2

3m

mo

r1

/6o

fan

inch

0

5

10

15

20

25

30

35

40

45

50

55

60

65

70

1

2

3

4

5

6

7

8

9

10

11

12

18

184 4 4 43

18 1199

3 2 2 2 2 2 12 12

1818

1 111111

36

8 36

36

36

38

18

777-12345675

777-1234567512345675777

74

87 7 12

12

22

4614 14

14

4 7

4 7

87


RESOLUTION 600aAttachment ‘A’Appendix ‘B’

Shipper's Name and Address

Consignee's Name and Address

Shipper's Account Number

Consignee's Account Number

Not Negotiable

Issued by

Air Waybill

ORIGINAL 3 (FOR SHIPPER)

Copies 1, 2 and 3 of this Air Waybill are originals and have the same validity.

Issuing Carrier's Agent Name and City Accounting Information

Agent's IATA Code Account No.

Airport of Departure (Addr. of First Carrier) and Requested Routing

To to by to by CHGSCode

WT/VAL Other Declared Value for Carriage

Optional Shipping InformationReference Number

Declared Value for CustomsPPD PPDCOLL COLL

Requested Flight/DateAirport of Destination Amount of Insurance

Handling Information

No. of

RCPPieces

GrossWeight

ChargeableWeight

Nature and Quantity of Goods(incl. Dimensions or Volume)

kg

lbCommodity

Item No.

Rate Class Rate

ChargeTotal

Prepaid Weight Charge Collect

Valuation Charge

Other Charges

Tax

Total Other Charges Due Agent

Total Other Charges Due Carrier

Total Prepaid Total Collect

Currency Conversion Rates CC Charges in Dest. Currency

Charges at Destination Total Collect Charges

Executed on (date) at (place) Signature of Issuing Carrier or its Agent

Signature of Shipper or his Agent

Shipper certifies that the particulars on the face hereof are correct and that insofar as any part of theconsignment contains dangerous goods, such part is properly described by name and is inproper condition for carriage by air according to the applicable Dangerous Goods Regulations.

Currency

INSURANCE – If carrier offers insurance, and such insurance isrequested in accordance with the conditions thereof, indicate amountto be insured in figures in box marked "Amount of Insurance".

For Carrier's Use onlyat Destination

SCI

It is agreed that the goods described herein are accepted in apparent good order and condition(except as noted) for carriage SUBJECT TO THE CONDITIONS OF CONTRACT ON THEREVERSE HEREOF. ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDINGROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS AREGIVEN HEREON BY THE SHIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAYBE CARRIED VIA INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMSAPPROPRIATE. THE SHIPPER'S ATTENTION IS DRAWN TO THE NOTICE CONCERNINGCARRIER'S LIMITATION OF LIABILITY. Shipper may increase such limitation of liability bydeclaring a higher value for carriage and paying a supplemental charge if required.

By First Carrier Routing and Destination

88

c Resolution 600a — Attachment ‘A’, Appendix ‘C’

RESOLUTION 600aAttachment ‘A’Appendix ‘C’





Not Negotiable

Issued by

Air Waybill

COPY 4 (DELIVERY RECEIPT)






WT/VAL Other Declared Value for Carriage Declared Value for CustomsPPD PPDCOLL COLL

Airport of Destination Amount of Insurance


No. of

RCPPieces

GrossWeight

ChargeableWeight


kg

lbCommodity

Item No.

Rate Class Rate

ChargeTotal


Valuation Charge

Other Charges

Tax








Currency

Received in Good Order and Condition

at (place) on (date/time)

Signature of Consignee or his Agent



SCI




Requested Flight/Date

89


RESOLUTION 600aAttachment ‘A’Appendix ‘D’





Not Negotiable

Issued by

Air Waybill









No. of

RCPPieces

GrossWeight

ChargeableWeight


kg

lbCommodity

Item No.

Rate Class Rate

ChargeTotal


Valuation Charge

Other Charges

Tax








Currency



SCI






90

c Resolution 600a — Attachment ‘A’, Appendix ‘E’

RESOLUTION 600aAttachment ‘A’Appendix ‘E’






Not Negotiable

Issued by

Air Waybill









No. of

RCPPieces

GrossWeight

ChargeableWeight


kg

lbCommodity

Item No.

Rate Class Rate

ChargeTotal


Valuation Charge

Other Charges

Tax








Currency



SCI




91


RESOLUTION 600aAttachment ‘A’Appendix ‘F/1’







Not Negotiable

Issued byAir Waybill







Not Negotiable









Not Negotiable




92

c Resolution 600a — Attachment ‘A’, Appendix ‘F/2’

RESOLUTION 600aAttachment ‘A’Appendix ‘F/2’





Not Negotiable

Issued by

Air Waybill

ORIGINAL 3 (FOR SHIPPER)









No. of

RCPPieces

GrossWeight

ChargeableWeight


kg

lbCommodity

Item No.

Rate Class Rate

ChargeTotal


Valuation Charge

Other Charges

Tax








Currency



SCI






93


RESOLUTION 600aAttachment ‘A’Appendix ‘F’

94

c Resolution 600a — Attachment ‘B’

2.1 Air Waybill NumberRESOLUTION 600aWhen not preprinted, the air waybill number provided byAttachment ‘B’ the issuing carrier shall be inserted in the upper left corner,in the upper right corner and in the lower right corner. TheCOMPLETION, DISTRIBUTION ANDair waybill number shall have dimensions sufficient to makeTRANSMISSION OF THE AIR WAYBILL it readable and shall consist of:

1. GENERAL2.1.1 Airline Code Number V1A

1.1 The air waybill is a document which shall be either anThe issuing carrier’s three-digit IATA airline code numberair waybill referred to as an “airline air waybill”, withshall be inserted.preprinted issuing carrier identification, or an air waybill

referred to as a “neutral air waybill” without preprinted identi-fication of the issuing carrier in any form and used by other 2.1.2 Separating Hyphenthan an air carrier.

A hyphen shall be inserted between boxes 1A and 1B, and1.2 The issuing carrier or its agent shall ensure that, upon only in the upper right and lower right corners.execution of the air waybill, all necessary entries are made.

1.2.1 Any amendments (including additions) to information 2.1.3 Serial Number V1B

shown or required on the air waybill, made by any participat- 2.1.3.1 A serial number of eight digits including a checking carrier subsequent to initial issue, must be made on alldigit placed in the extreme right position shall be inserted.remaining copies of the air waybill and must properly identify

the carrier making such amendments. Identification of the 2.1.3.2 This check digit shall be determined by using thecarrier must be placed as closely as possible to the item(s) unweighted Modulus 7 system.amended without obliterating any other information. Such

2.1.3.3 A space may be inserted in the serial numberidentification shall include the official IATA airline name orbetween the fourth and fifth digits.designator and the IATA location identifier of the airport or

city to show the place where the amendments are made.2.2 Airport of Departure V1Amendments to the air waybill amounts shall be in accord-

ance with Resolution 612. The IATA three-letter code of the airport of departure (orcity when the name of the airport is unknown) shall be1.3 When a consignment is returned because of non-deliv-

ery, the new air waybill for the returning carriage shall have: inserted and shall correspond to information shown in2.9.1.1.1.3.1 the original air waybill number inserted in the

“Accounting Information” box;2.3 Issuing Carrier’s Name V1C

1.3.2 all charges which should have been, but were not and Addresscollected from the original consignee, inserted in the “Other

When not preprinted, the issuing carrier’s name and headCharges” box and the total inserted in the “Total Otheroffice address corresponding to the airline code numberCharges Due Carrier” box of the “Collect” column.shown in 2.1.1, shall be inserted in accordance with the

1.4 The issuing carrier shall not insert or permit insertion issuing carrier’s instructions.on the air waybill of any instruction that charges shown asto be collected from the consignee are to be collected from

2.4 Reference to Originals V1Dany person other than from the consignee; provided that

This box shall not be completed.this shall not prevent payment of such charges by suchother person on behalf of the consignee to the collectingcarrier. 2.5 Reference to Conditions V1E

of Contract1.5 In the case of a neutral air waybill, the party completingit on behalf of the issuing carrier shall first ensure that its This box shall not be completed unless used by the issuinguse has been authorised by the issuing carrier. carrier at its option.

2. COMPLETION OF THE AIR 2.6 ShipperWAYBILL2.6.1 Shipper’s Name and Address V2

The boxes on the face of the air waybill shall be completed2.6.1.1 The name, address and country (or two-lettercorrectly. See the IATA Air Waybill Handbook (Attachmentcountry code) of the shipper shall be inserted.‘B’, Appendix ‘C’), published separately.

The boxes shaded and with title are for carrier’s use only. 2.6.1.2 One or more method of contact (telephone, telexor telefax) and number may be inserted below.The boxes shaded and without title shall not be used.

The circled numbers to the right of the titles and any brack- 2.6.2 Shipper’s Account Number V3eted numbers in the following text, correspond with thenumbers in the boxes of the specimen air waybill illustrated This box shall not be completed unless used by the issuing

carrier at its option.in Appendix ‘A’.

95


2.9.2.3 To (by Second Carrier) V11C2.7 Consignee2.7.1 Consignee’s Name and Address V4 The IATA three-letter code of the airport of destination or

second transfer point (or city when the name of the airport2.7.1.1 The name, address and country (or two-letteris unknown because the city is served by more than onecountry code) of the consignee shall be inserted.airport) may be inserted.

2.7.1.2 One or more method of contact (telephone, telexor telefax) and number may be inserted below.

2.9.2.4 By (Second Carrier) V11D

2.7.2 Consignee’s Account V5The IATA two-character code of the second carrier may be

Number — For Carrier Use Only inserted.This box shall not be completed unless used by the lastcarrier at its option. 2.9.2.5 To (by Third Carrier) V11E

The IATA three-letter code of the airport of destination or2.8 Issuing Carrier’s Agentthird transfer point (or city when the name of the airport isunknown because the city is served by more than one2.8.1 Name and City V6

airport) may be inserted.2.8.1.1 When not preprinted, the name and location(airport or city) of the carrier’s IATA Cargo Agent entitled tothe commission shall be inserted. 2.9.2.6 By (Third Carrier) V11F

2.8.1.2 When commission is payable to an IATA Cargo The IATA two-character code of the third carrier may beAgent in country of destination, in accordance with the Cargo inserted.Agency Administration Rules, the name and location (airportor city) of such IATA Cargo Agent shall be inserted,

2.9.3 Airport of Destination V18preceded by the words “Commissionable Agent”.The airport of destination of the last carrier (or city when

2.8.2 IATA Code V7 the name of the airport is unknown because the city is servedby more than one airport) shall be inserted.When not preprinted, the IATA code of the Cargo Agent,

indicated in 2.8.1.1 shall be inserted as follows:2.9.4 Requested Flight/Date V19A and V19B

2.8.2.1 in non-CASS areas, the IATA seven-digit codeshall be inserted; These boxes are to be completed by the carrier/agent/ship-

per effecting the booking.2.8.2.2 in CASS areas, the IATA seven-digit code shallbe followed by a three-digit CASS address code and acheck digit. This check digit shall be determined by using 2.10 Accounting Information V10the unweighted Modulus 7 system.

Only accounting information required by the participatingcarriers may be inserted such as:2.8.3 Account Number V8

2.10.1 payment by cash or cheque;This box shall not be completed unless used by the issuingcarrier at its option.

2.10.2 payment by Miscellaneous Charges Order (MCO)is only acceptable for baggage shipped as cargo; the MCO2.9 Routing number and value of the Exchange Coupon in the currencyof the air waybill shall be shown followed, if necessary, by2.9.1 Airport of Departure (Addressthe amount deducted from the MCO coupon and, in allof First Carrier) and Requested Routing V9

cases, by the passenger’s ticket number and flight/date/2.9.1.1 The name of the airport of departure shall berouting used;inserted as the first entry and shall correspond to information

shown in 2.2. 2.10.3 payment by Government Bill of Lading (GBL); theGBL number shall be shown;2.9.1.2 Any requested routing shall be inserted.

2.10.4 consignment returned because of non-delivery; the2.9.2 Routing and Destination original air waybill number shall be shown on the new air

waybill for the returning carriage;2.9.2.1 To (by First Carrier) V11A

The IATA three-letter code of the airport of destination or 2.10.5 shipper’s reference number as indicated by thefirst transfer point (or city when the name of the airport is shipper or his agent.unknown because the city is served by more than one

2.10.6 payment by credit card; the credit card number shallairport) may be inserted.be shown.

2.9.2.2 By First Carrier V11B2.10.7 the words “Also Notify” may be printed after the titleof the “Accounting Information” box (applicable for domesticThe name of the first carrier (either full name or IATA two-

character code) shall be inserted. transportation only).

96


2.11 Currency V12 2.14 Declared Value ForCarriage V162.11.1 The ISO three-letter currency code of the currency

applicable in the country of departure, according to the 2.14.1 The declared value for carriage, as specified by theapplicable rating rules, shall be inserted. shipper, shall be inserted.

2.14.2 Where no value is declared, “NVD” shall be2.11.2 All amounts entered on the air waybill, other thaninserted.those entered in the “Collect Charges in Destination

Currency” boxes (33A) to (33D), shall be in the currency asspecified in 2.11.1. 2.15 Declared Value For

Customs V17

The shipper or agent may declare and insert a customs2.12 Charges Codes — V13

value, which may be NCV, or leave the box blank.For Carrier Use Only

When the air waybill data is transmitted by electronic means, 2.16 Amount of Insurance V20this box shall be completed using one of the following codes: 2.16.1 When the box is unshaded, and only when and

CA — partial collect credit — partial prepaid cash where the issuing carrier offers such a service, the amountCB — partial collect credit — partial prepaid credit to be insured shall be inserted.CC — all charges collect 2.16.2 When the box is unshaded and the service is notCE — partial collect credit card — partial prepaid cash provided by the issuing carrier or no insurance is requestedCG — all charges collect by GBL by the shipper, “XXX” shall be inserted.CH — partial collect credit card — partial prepaid creditCP — destination collect cash 2.16.3 “Insurance” Clause Box V20ACX — destination collect creditCZ — all charges collect by credit card 2.17 Handling Information V21NC — no charge Only clear and concise information as required by the parti-NG — no weight charge — other charges prepaid by cipating carriers shall be inserted.

GBL2.17.1 In the case of dangerous goods for which a Ship-NP — no weight charge — other charges prepaid cashper’s Declaration is required, a statement: “DangerousNT — no weight charge — other charges collectGoods as per attached Shipper’s Declaration” or “Danger-NX — no weight charge — other charges prepaid creditous Goods as per attached DGD” and where applicable theNZ — no weight charge — other charges prepaid bystatement “Cargo Aircraft Only” or “CAO”.credit card

PC — partial prepaid cash — partial collect cash 2.17.2 When dangerous goods are contained in a consign-PD — partial prepaid credit — partial collect cash ment with non-dangerous goods, the number of pieces ofPE — partial prepaid credit card — partial collect cash dangerous goods must be indicated either before or afterPF — partial prepaid credit card — partial collect credit the statement “Dangerous Goods as per attached Shipper’s

card Declaration” or “Dangerous Goods as per attached DGD”.PG — all charges prepaid by GBL

2.17.3 Other handling information using, where available,PH — partial prepaid credit card — partial collect creditthe codes and abbreviations in Cargo-IMP, may be inserted,PP — all charges prepaid by cashsuch as:PX — all charges prepaid by credit

PZ — all charges prepaid by credit card 2.17.3.1 marks and numbers which appear on theconsignment and method of packing;

2.13 Charges 2.17.3.2 name, address, country or two-letter country codeand one or more method of contact (telephone, telex or2.13.1 Weight/Valuation V14A and V14B

telefax) and number of any person to be notified of arrivalChargesof the consignment in addition to the consignee;

2.13.1.1 The shipper or agent shall insert an “X”, as appro-2.17.3.3 name of documents to accompany the air waybill,priate, in box (14A) or (14B).such as the “Shipper’s Certification for Live Animals”;

2.13.1.2 The charges entered into boxes (24A), (25A) or 2.17.3.4 special handling instructions that may be(24B), (25B) must be wholly prepaid or wholly collect required;respectively.2.17.3.5 when not preprinted, and if the air waybill is issuedin the United States, the statement: “These commodities,2.13.2 Other Charges at Origin V15A and V15B

technology or software were exported from the United2.13.2.1 The shipper or agent shall insert an “X”, as appro- States in accordance with the Export Administration Regula-priate, in box (15A) or (15B). tions. Diversion contrary to USA law prohibited”;2.13.2.2 Any charges entered into boxes (27A), (28A) or(27B), (28B) must be wholly prepaid or wholly collect Y 2.17.3.6 Agent Nominationrespectively. when a consignment’s details, including house waybill

details, must be reported to Customs and the agent has2.13.3 If the information indicated as required in 2.13.1and 2.13.2 is in conflict with the information required by 2.20 elected to undertake that reporting the statement “House

Information transmitted by:” or “AGT-” shall be entered inand 2.21, the latter shall take precedence.

97


the Handling Information box on the master air waybill R — class rate reductionS — class rate surchargefollowed by the appropriate agent identifier, e.g. ABI filer

code or the FIRMS code for the Unites States. U — unit load device basic charge or rateE — unit load device additional rateX — unit load device additional informationY 2.17.3.7 when a local transfer at destination is required andY — unit load device discountknown the statement “Local transfer at destination to:” orW — weight increase“FIRMS-” shall be entered in the Handling Information box on

the air waybill followed by the appropriate location identifier, 2.18.6 Commodity Item Number V22Ee.g. FIRMS code for the Unites States.

This box shall be completed as follows:J 2.17.3.8 Special Customs Information (SCI) V21A 2.18.6.1 when a specific commodity rate applies, the IATA

item description number shall be inserted on the “C” or “U”When a consignment is loaded or reloaded at an airport inrate class line;an European Union country, the Customs Origin Code shall

be inserted. When a consignment is not loaded or reloaded 2.18.6.2 when a class rate reduction applies, the percent-at an airport in an European Union country, then this box age which is applied to the appropriate charge or rate shallmay be used for other customs information. be inserted on the “R” rate class line, preceded by the rate

class code to which it refers, e.g. 33% reduction on the2.18 Consignment V22A to V22Z

normal rate shall be expressed as N67;Rating Details

2.18.6.3 when a class rate surcharge applies, the percent-age which is applied to the appropriate charge or rate shallA separate set of entries shall be made for each rated groupbe inserted on the “S” rate class line, preceded by the rateof items, each set commencing on a new line, dangerousclass code to which it refers, e.g. 50% surcharge of thegoods items, if any, being entered first.minimum charge shall be expressed as M150;Each set of entries shall be as described in Appendix ‘B’,2.18.6.4 when a unit load device rate applies, the ULDthe detail of each box being as shown below.rate class type used shall be inserted on the “X” rate classline.2.18.1 Number of Pieces and RCP V22A

2.18.1.1 The number of pieces for the applicable rating 2.18.7 Chargeable Weight V22Fentry shall be inserted.

2.18.7.1 The applicable chargeable weight, calculated2.18.1.2 When the applicable rate or charge shown in box according to applicable rating rules, shall be inserted.22G is the result of a combination of rates or charges, the

2.18.7.2 When a unit load device rate applies:IATA three-letter code of the rate combination point (RCP)shall be inserted as an additional line entry. 2.18.7.2(a) where it is based on a pivot charge, the applic-

able pivot weight shall be inserted on the “U” rate class line;2.18.2 Gross Weight V22B

2.18.7.2(b) where it is based on a pivot charge and an2.18.2.1 The gross weight of the pieces for the applicable over pivot rate, the weight in excess of the pivot weight shallrating entry shall be inserted. be inserted on the “E” rate class line;2.18.2.2 The tare weight of the unit load device, when 2.18.7.2(c) where a tare weight allowance is applicable,applicable, shall be inserted as an additional line entry on such weight shall be inserted on the “X” rate class line;the “X” rate class line.

2.18.7.2(d) where a discount applies, the weight to whichit refers shall be inserted on the “Y” rate class line.2.18.3 Kg/Lb V22C

The unit of weight used (K or L) shall be inserted in the first 2.18.8 Rate/Charge V22G

rating line only.The applicable rate or charge shall be inserted as follows:

2.18.8.1 when a minimum charge applies, this charge shall2.18.4 Service Code V22Z

be inserted on the “M” rate class line;This box shall not be completed except by the issuing carrierat its option and in accordance with Recommended Practice 2.18.8.2 when a normal rate applies, the applicable rate1600d. per unit of weight shall be inserted on the “N” rate class

line;2.18.5 Rate Class V22D

2.18.8.3 when a quantity rate applies, the applicable rateOne of the following codes shall be inserted as appropriate: per unit of weight shall be inserted on the “Q” rate class

line;M — minimum chargeN — normal rate 2.18.8.4 when an “Experimental Special Rate withinQ — quantity rate Europe” applies:B — basic charge (optional use) 2.18.8.4(a) the applicable basic charge shall be insertedK — rate per kilogram (optional use) on the “B” rate class line,P — international priority service rate 2.18.8.4(b) the applicable rate per kilogram shall be

inserted on the “K” rate class line;C — specific commodity rate

98


2.18.8.5 when a specific commodity rate applies, the 2.18.10.5(b) dimensions are not required for cargotendered intact in authentic pre-built aircraft containers orapplicable rate per unit of weight shall be inserted on the

“C” rate class line; pallets,

2.18.10.5(c) if the dimensions are not available and/or2.18.8.5 when an international priority service ratecannot be included on the air waybill at the time of comple-applies, the applicable rate per unit of weight shall betion, then total volume of the consignment shall be inserted,inserted on the “P” rate class line;

2.18.10.5(d) if the dimensions and total volume are not2.18.8.6 when a class rate reduction applies, this rate per available and cannot be included on the air waybill at theunit of weight or charge as applicable shall be inserted on time of completion, then this must be clearly indicated bythe “R” rate class line; inserting the words “No Dimensions Available”;2.18.8.7 when a class rate surcharge applies, this rate per 2.18.10.6 when a unit load device is used, its identificationunit of weight or charge as applicable shall be inserted on code shall be inserted on the “X” rate class line;the “S” rate class line;

J 2.18.10.7 where the number of pieces indicated in box2.18.8.8 when a unit load device rate applies: 22A is different from the actual number of pieces, the actual

number of pieces within or on each loaded piece (e.g. ULD2.18.8.8(a) where it is based on a pivot charge or flator skid) shall be shown as “… SLAC”, (shipper’s load andcharge, such charge shall be inserted on the “U” rate classcount). This SLAC should be recorded on a blank line. Theline,corresponding ULD identification designation shall be2.18.8.8(b) where it is based on a rate per unit of weight, recorded on the line below when a unit load device is used;such rate shall be inserted on the “U” rate class line,

J 2.18.10.8 in addition to the description of the goods, the2.18.8.8(c) where it is based on a pivot charge and an shipper or his agent may enter the appropriate harmonizedover pivot rate, such over pivot rate per unit of weight shall commodity description and coding system number; and,be inserted on the “E” rate class line, where applicable, the country of origin of the goods.2.18.8.8(d) where it is a discount, either a flat amount or

2.18.11 Total Number of Pieces V22Jdiscount per unit of weight, such discount shall be insertedon the “Y” rate class line preceded by a minus symbol (−); Where there is more than one numeric entry in box 22A,

the total number of pieces shall be inserted.2.18.8.9 wherever possible, when a weight surchargeapplies, this should be inserted immediately following the

2.18.12 Total Gross Weight V22Klast rate line entry.

Where there is more than one entry in box 22B, the totalgross weight shall be inserted.2.18.9 Total V22H

2.18.9.1 The total charge or discount for each line entry 2.18.13 Total V22Lshall be inserted on the same horizontal line.

Where there is more than one entry in box 22H, the sum2.18.9.2 Where it is a total discount, such discount shall shall be inserted.be preceded by the minus symbol (−).

2.19 Other Charges V23

2.18.10 Nature and Quantity of Goods V22I2.19.1 Other charges incurred at origin shall be inserted

(including Dimensions or Volume) at the time of air waybill issuance as either wholly prepaidor wholly collect.

This box shall be completed as follows:2.19.2 Other charges incurred en route or at destination

2.18.10.1 the description of the goods comprising the may also be inserted at the time of air waybill issuance asconsignment shall be inserted; either wholly prepaid or wholly collect.2.18.10.2 for Dangerous Goods, the entry shall be as 2.19.3 Other charges shown as collect shall be treated asshown in the IATA Air Waybill Handbook and in accordance disbursements under the provisions of Resolution 614.with instructions published in the IATA Dangerous Goods

2.19.4 Other charges incurred en route or at destinationRegulations;and not shown in box (23) shall be collect only and treated

2.18.10.3 for “live animals”, the entry shall be as shown in accordance with 2.25.3.in the IATA Air Waybill Handbook and in accordance with

2.19.5 Descriptions and amounts of other charges exceptinstructions published in the IATA Live Animals Regulations;taxes shown in Boxes 26A and 26B shall be inserted.

J 2.18.10.4 for “consolidated consignments”, where any air2.19.6 When the air waybill data is transmitted by elec-waybill has one or more associated house waybills, the entrytronic means, the other charges codes shown in Appendixshall show “Consolidation as per attached list”;‘C’ shall be used. (Also refer to Recommended Practice

2.18.10.5 the consignment dimensions, comprising the 1682.)greatest length, greatest width, greatest height, unit of 2.19.7 When the air waybill data is not transmitted by elec-measurement and number of pieces: tronic means, it is recommended that the above procedure

is used. If not, the plain language description shall clearly2.18.10.5(a) if a consignment is consolidated as onemovable part, then only the dimensions of the overall consol- indicate to whom the charge accrues, i.e. due carrier or due

agent.idated consignment are required,

99


2.19.8 The sum of the various other charges shown in box 2.21.1.1 The weight/volume charge for air carriage shallbe inserted and shall correspond to the total shown in(23) shall be entered in boxes (27A), (27B), (28A) or (28B).2.18.9.1 or 2.18.13.2.19.9 When a consignment is returned because of non-

delivery, the new air waybill for the returning carriage shall 2.21.1.2 The weight/volume charge, the valuation chargeand tax shall be inserted as either wholly prepaid or whollyhave all charges, which should have been but were not

collected from the original consignee, inserted in this box. collect.

Y 2.19.10 The same charge code with the same entitlement2.21.2 Collect Valuation Charge V25B

code can only be shown once on the Air Waybill.2.21.2.1 The valuation charge, if applicable, shall beinserted. The assessment of a valuation charge is depend-2.20 Prepaident on the value declared for carriage as per 2.14 and the

2.20.1 Prepaid Weight Charge V24Aapplicable rating rules.

2.20.1.1 The weight/volume charge for air carriage shall 2.21.2.2 The weight/volume charge, the valuation chargebe inserted and shall correspond to the total shown in and tax shall be inserted as either wholly prepaid or wholly2.18.9.1 or 2.18.13. collect.2.20.1.2 The weight/volume charge, the valuation chargeand tax shall be inserted as either wholly prepaid or wholly 2.21.3 Collect Tax V26B

collect. 2.21.3.1 When this box is unshaded, any applicable taxshall be inserted.

2.20.2 Prepaid Valuation Charge V25A

2.21.3.2 The weight/volume charge, the valuation charge2.20.2.1 The valuation charge, if applicable, shall be and tax shall be inserted as either wholly prepaid or whollyinserted. The assessment of a valuation charge is depend- collect.ent on the value declared for carriage as per 2.14 and the

2.21.3.3 The details of the tax shall not be entered inapplicable rating rules.box (23).

2.20.2.2 The weight/volume charge, the valuation chargeand tax shall be inserted as either wholly prepaid or wholly 2.21.4 Total Other Collect Chargescollect.

The total “Other Charges” collect must be the aggregate ofthe collect charges shown in the “Other Charges” box (23).2.20.3 Prepaid Tax V26A

2.20.3.1 Any applicable tax shall be inserted.2.21.4.1 Due Agent V27B

2.20.3.2 The weight/volume charge, the valuation charge The total disbursements due to agent, specified in 2.19,and tax shall be inserted as either wholly prepaid or wholly shall be inserted.collect.

2.20.3.3 The details of the tax shall not be entered in 2.21.4.2 Due Carrier V28B

box (23). The total disbursements due to carrier, specified in 2.19,shall be inserted.

2.20.4 Total Other Prepaid Charges2.21.5 Untitled Box V29BThe total “Other Charges” prepaid must be the aggregate of

the prepaid charges shown in the “Other Charges” box (23). This box shall not be completed unless used by the issuingcarrier at its option.

2.20.4.1 Due Agent V27A

2.21.6 Total Collect V30BThis box shall not be used unless agreed locally.The total of all the collect charges, i.e. weight/volume

2.20.4.2 Due Carrier V28A charge, valuation charge, other collect charges due carrierand agent and, if applicable, tax, shall be inserted.The total of prepaid other charges due to carrier specified

in 2.19 shall be inserted.2.22 Shipper’s Certification Box V31

When not preprinted, the signature of the shipper or his2.20.5 Untitled Box V29A

agent (printed, signed or stamped) shall be inserted.This box shall not be completed unless used by the issuingcarrier at its option.

2.23 Carrier’s Execution Box2.20.6 Total Prepaid V30A 2.23.1 Executed on (Date) V32A

The date of execution of the air waybill shall be inserted inThe total of all the prepaid charges, i.e. weight/volumethe sequence of day, month and year. The month shall becharge, valuation charge, other prepaid charges due carrierexpressed alphabetically, either abbreviated or in full.and, if applicable, tax and other charges due agent, shall

be inserted.2.23.2 At (Place) V32B

2.21 Collect The name of the place of execution (airport or city) of theair waybill shall be inserted.2.21.1 Collect Weight Charge V24B

100


2.23.3 Signature of Issuing V32C 2.28 Neutral Air WaybillCarrier or its Agent Any alteration to the airline code number, air waybill serial

number, airline name or head office address shall automatic-The signature of the issuing carrier or its agent shall beally render such neutral air waybill null and void.inserted.

3. DISTRIBUTION OF THE AIR2.24 For Carrier’s Use V33

WAYBILLOnly at Destination

The various copies of the air waybill shall be distributed asThis box shall not be completed. follows:

3.1 Original 3 (for Shipper) to be given to the shipper andto serve as:2.25 Collect Charges in

Destination Currency — V33A to V33D3.1.1 proof of receipt of the goods for shipment,

For Carrier Use Only 3.1.2 documentary evidence of carrier’s and shipper’ssignature to the contract of carriage;The last carrier may complete the Original 2 (for Consignee)3.2 Copy 8 (for Agent) to be retained by the agent or theas follows:carrier executing the air waybill;3.3 Original 1 (for Issuing Carrier) to be retained by the2.25.1 Currency Conversion Rate V33A

carrier issuing the air waybill for accounting purposes andThe destination currency code followed by the conversion to serve as documentary evidence of carrier’s and shipper’srate shall be inserted. signature to the contract of carriage;

3.4 Original 2 (for Consignee) to accompany consignment2.25.2 Collect Charges in V33B to final destination and to be tendered to the consignee onDestination Currency delivery;

3.5 Copy 4 (Delivery Receipt) to be available at finalThe amount shown in the “Total Collect” box (30B) shall be destination and to be signed by consignee, and to beinserted after conversion to the destination currency at the retained by last carrier as:currency conversion rate shown in box (33A).

3.5.1 receipt of delivery of consignment,3.5.2 evidence of carrier’s completion of contract of2.25.3 Charges at Destination V33Ccarriage;

Charges levied at destination accruing to the last carrier 3.6 Copies 5, 6 and 7 (Extra Copies) to be available forshall be inserted in destination currency. carriers use only.

2.25.4 Total Collect Charges V33D4. TRANSMISSION OF THE AIRWAYBILLThe sum of boxes (33B) and (33C) shall be inserted.In case of transmission of the content of the air waybillboxes via electronic means, either the “FWB” message, as2.26 Optional Shippingdescribed in the IATA/ATA Cargo Interchange MessageInformation V34A to V34C

Procedures (Cargo-IMP) Manual (Resolution 670, Attach-The shipper or its Agent may enter the appropriate optional ment ‘A’), or the IFTMIN message, as described in the IATAshipping information as agreed upon with the issuing carrier. Cargo-FACT Message Manual (Cargo-FACT) (Recom-Shading of these boxes will indicate non-use. mended Practice 1672, Attachment ‘A’), shall be used.

Where such data is transmitted by an Agent, this shall be2.26.1 Reference Number V34A in accordance with Resolution 833, Paragraph 2.4, of the

Cargo Agency Conference.When this box is unshaded, a reference number may beinserted as per shipper/agent/issuing carrier agreement. 4.1 Responsibility for Particulars

The shipper is responsible for the correctness of the data2.26.2 Untitled Box V34Brelating to the cargo inserted by the shipper or on the ship-per’s behalf on the air waybill or furnished by the shipperThis box shall not be completed unless used by the issuingor on the shipper’s behalf to the carrier for insertion in thecarrier at its option.shipment record.4.2 Where such information is provided by means of Elec-2.26.3 Untitled Box V34C

tronic Data Interchange, it is the responsibility of the shipperThis box shall not be completed unless used by the issuing or the shipper’s agent to verify contents, accuracy andcarrier at its option. completeness of the EDI messages and subsequent mess-

ages according to the agreed standards and specifications.2.27 Bar Coded Air Waybill V99 4.2.1 The shipper or the shipper’s agent shall indemnify

the carrier against all damage suffered by it, or by anyNumberother person to whom the carrier is liable, by reason of the

These areas shall not be completed unless used to include irregularity, incorrectness or incompleteness of the particu-a bar coded air waybill number in accordance with Recom- lars and statements furnished by the shipper or on the ship-mended Practice 1600t. per’s behalf.

101


RESOLUTION 600aAttachment ‘B’Appendix ‘A’

102

c Resolution 600a — Attachment ‘B’, Appendix ‘B’

RESOLUTION 600aAttachment ‘B’Appendix ‘B’

ALTERNATIVE RATE CLASS LINE ENTRIES (see 2.18)

No. of Nature andPieces Gross kg Rate Commodity Chargeable Quantity ofRCP Weight lb Class Item No. Weight Rate/Charge Total Goods(22A) (22B) (22C) (22D) (22E) (22F) (22G) (22H) (22I)

No. of Gross K Chargeable Minimum Naturepieces weight or L M — weight charge Box 22G of goods

No. of Gross K Chargeable Rate per unit Box 22F× Naturepieces weight or L N — weight of weight Box 22G of goods

No. of Gross K Chargeable Rate per unit Box 22F× Naturepieces weight or L Q — weight of weight Box 22G of goods

No. of Gross Chargeable Basic Naturepieces weight K B — weight charge Box 22G of goods

Chargeable Rate per Box 22F× Nature— — — K — weight kilogram Box 22G of goods

No. of Gross K Commodity Chargeable Rate per unit Box 22F× Naturepieces weight or L C item number weight of weight Box 22G of goods

Applicable rate classcode followed by

No. of Gross K reduced percentage Chargeable Reduced Naturepieces weight or L R applicable to charge weight charge Box 22G of goods

Applicable rate classcode followed by Reduced

No. of Gross K reduced percentage Chargeable rate per unit Box 22F× Naturepieces weight or L R applicable to rate weight of weight Box 22G of goods

Applicable rate classcode followed by

No. of Gross K increased percentage Chargeable Surcharged Naturepieces weight or L S applicable to charge weight charge Box 22G of goods

Applicable rate classcode followed by Surcharged

No. of Gross K increased percentage Chargeable rate per unit Box 22F× Naturepieces weight or L S applicable to rate weight of weight Box 22G of goods

No. of Gross K Commodity item Chargeable Rate per unit Box 22F× Naturepieces weight or L U number weight of weight Box 22G of goods

No. of Gross K Commodity item Pivot Pivot Naturepieces weight or L U number weight charge Box 22G of goods

No. of Gross K Commodity item Chargeable Flat Naturepieces weight or L U number weight charge Box 22G of goods

Weight in Over pivotexcess of rate per Box 22F× Nature

— — — E — pivot weight unit of weight Box 22G of goods

ULD ULD taretare ULD rate weight ULD ID

— weight — X class type allowance — — code

A minussymbolfollowed by

Chargeable ULD flat Nature— — — Y — weight discount Box 22G of goods

A minussymbolfollowed byULD discount

Chargeable per unit Box 22F× Nature— — — Y — weight of weight Box 22G of goods

WeightK increase per Box 22F× Nature

— — or L W — Gross weight unit of weight Box 22G of goodsRatecombinationpoint Boxes 22B to 22I to be completed when applicable. Cannot be placed as first rating line entry.22J 22K — — — — — 22L 22ITotal TotalNumber gross Total Natureof pieces weight — — — — — charge of goods

103


RESOLUTION 600aAttachment ‘B’Appendix ‘C’

OTHER CHARGES CODES (see 2.19.6)

CHARGE CODE CATEGORY DESCRIPTION

AC Live Animals Animal container

AS Miscellaneous Assembly service fee

AT Live Animals Attendant

AW Documentation Air waybill fee

BA Administration Advances and/or guarantees

BB Administration Appraisal Service

BC Administration AWB copy

BE Administration Collection of funds

BF Administration Copies of documents

BH Administration Messenger service

BI Administration Import/export documents processing

BL Administration Blacklist certificate

BM Administration Withdrawal of shipment after clearance

BR Administration Bank release

CA Customs Bonding

CB Customs Completion/preparation of documents

CC Customs Manual data entry for customs purposes

CD Customs Clearance and handling — destination

CE Customs Export/Import warrant

CF Customs Inventory and/or inspection

CG Customs Electronic processing or transmission of data forcustoms purposes

CH Customs Clearance and handling — origin

CI Customs Overtime and other customs imposed charges

CJ Customs Removal (carrier warehouse to warehouse)

DB Administration Disbursement fee

DC Documentation Certificate of Origin

DD Documentation Preparation of Cargo manifest

DF Miscellaneous Distribution service fee

DG Documentation AWB cancellation

DH Documentation AWB charges correction advice

DI Documentation AWB re-waybilling

DJ Documentation Proof of delivery

DK Documentation Release order

EA Express cargo Handling

FA Handling Airport arrival

FB Handling Domestic shipments

FC Administration Charges collect fee

FD Handling Priority

104

c Resolution 600a — Attachment ‘B’, Appendix ‘C’


FE Handling General

FF Handling Loading/unloading

FI Handling Weighing

GA Handling Diplomatic consignment

GT Tax Government tax

HB Human remains Mortuary

HR Human remains Human remains

IA Handling Very important cargo (VIC)

IN Administrative Insurance premium

JA Clearance Clearance, General

KA Heavy/Bulky cargo Handling

KB Heavy/Bulky cargo Loading/Unloading equipment (forklift etc)

LA Live animals Live animals

LC Live animals Cleaning

LE Live animals Hotel

LF Live animals Quarantine

LG Live animals Veterinary inspection

LH Live animals Storage

LI Live animals Cleaning of stalls/pens

LJ Live animals Rental of Stalls/pens

MA Miscellaneous Miscellaneous — due agent (see Note 1)

MB Miscellaneous Miscellaneous — unassigned (see Note 2)

MC Miscellaneous Miscellaneous — due carrier (see Note 3)

MD to MN Miscellaneous Miscellaneous — due last carrier

MO to MX Miscellaneous Miscellaneous - due issuing carrier

MY Miscellaneous Fuel surcharge - due issuing carrier

MZ Miscellaneous Miscellaneous - due issuing carrier

NS Miscellaneous Navigation surcharge - due issuing carrier

PA Perishables Handling

PB Perishables Cool/cold room, freezer

PK Packaging Packing/Repacking

PU Pick-up and delivery Pick-up

RA Dangerous goods Dangerous goods fee

RB Dangerous goods Rejection

RC Administration Referral of charge

RD Dangerous goods Radio-active room

RF Miscellaneous Remit following collection fee

SA Pick-up and delivery Delivery

SB Pick-up and delivery Delivery notification

SC Security Security charge

SD Pick-up and delivery Surface charge - destination

SE Pick-up and delivery Proof of delivery

SF Pick-up and delivery Delivery Order

SI Miscellaneous Stop in transit

105



SO Storage Storage - origin

SP Handling Separate early release

SR Storage Storage - destination

SS Miscellaneous Signature service

ST Taxes State sales tax

SU Pick-up and delivery Surface charge - origin

TA Taxes Postal

TB Taxes Sales

TC Taxes Stamp

TD Taxes State

TE Taxes Statistical

TI Taxes Value Added Tax for import only

TR Miscellaneous Transit

TV Taxes Value Added Tax general or for export

TX Taxes General

UB Unit Load Device Disassembly

UC Unit Load Device Adjusting of improperly loaded ULD

UD Unit Load Device Demurrage

UE Unit Load Device Leasing

UF Unit Load Device Recontouring

UG Unit Load Device Unloading

UH Unit Load Device Handling

VA Valuable cargo Handling

VB Valuable cargo Security (armed guard/escort) handling

VC Valuable cargo Strongroom

WA Vulnerable cargo Handling

XB Surcharge/premiums Security

XC Surcharge/premiums Time

XD Surcharge/premiums War risk

XE Surcharge/premiums Weight

ZA Storage Re-warehousing

ZB Storage General

ZC Storage Cool/Cold room, freezer

Note 1: MA code is used if the miscellaneous charge is due agent but cannot be further identified.

Note 2: MB code is used if the miscellaneous charge cannot be determined as being due agent or due carrier.

Note 3: MC code is used if the miscellaneous charge is due carrier but cannot be further identified.

To indicate whether such other charges accrue to carrier or agent, one of the following entitlement codes: A (due agent) orC (due carrier) shall be used following the above codes and preceding the amounts.

106

c Resolution 600b (II)

2./2.1 Carriage hereunder is subject to the rulesRESOLUTION 600b (II)*relating to liability established by the Warsaw Conven-tion unless such carriage is not “international carriage”AIR WAYBILL — CONDITIONSas defined by that Convention.OF CONTRACT1. As used in this contract: “carrier” means all airCSC(16)600b (II) Expiry: Indefinitecarriers that carry or undertake to carry the goodshereunder or perform any other services incidental toType: Bsuch air carriage; “Warsaw Convention” means the

CSC(26)600b (II) Expiry: Indefinite Convention for the Unification of Certain Rules relat-ing to International Carriage by Air, signed at Warsaw,

Type: B 12 October 1929, or that Convention as amendedat The Hague, 28 September 1955, or by MontrealProtocol No. 4 of 1975, whichever may be applicable;RESOLVED that:“French gold francs” means francs consisting of 651⁄2

1. The Conditions of Contract, prefaced by a Notice, on milligrams of gold with a fineness of nine hundredthe reverse side of the air waybill/consignment note, read thousandths; “Montreal Convention” means theas follows: Convention for the Unification of Certain Rules

for International Carriage by Air signed atMontreal, on 28 May 1999; and “SDR” means aNOTICE CONCERNING CARRIERS’Special Drawing Right as defined by the Interna-LIMITATION OF LIABILITYtional Monetary Fund.

If the carriage involves an ultimate destination or stop2./2.1 Carriage hereunder is subject to the rulesin a country other than the country of departure, therelating to liability established by the Warsaw Conven-Warsaw Convention may be applicable and thetion or Montreal Convention unless such carriage isConvention governs and in most cases limits the liabil-not “international carriage” as defined by the applic-ity of the carrier in respect of loss, damage, or delay toable Convention.cargo to 250 French gold francs per kilogram, unless a

higher value is declared in advance by the shipper 2.2 To the extent not in conflict with the foregoing,and a supplementary charge paid if required. carriage hereunder and other services performed by

each carrier are subject to:If the carriage involves an ultimate destination or stop

2.2.1 applicable laws (including national laws imple-in a country other than the country of departure, thementing the Convention), government regulations,Warsaw Convention or the Montreal Convention mayorders and requirements;be applicable, and may limit the liability of the carrier

in respect of loss, damage, or delay to cargo to2.2.1 applicable laws (including national laws imple-250 French gold francs per kilogram or 17 Specialmenting the Warsaw Convention or the MontrealDrawing Rights (SDRs), unless a higher value isConvention), government regulations, orders anddeclared in advance by the shipper and a supplement-requirements;ary charge paid if required.2.2.2 provisions herein set forth, andThe liability limit of 250 French gold francs per kilo-

gram is approximately USD 20.00 per kilogram on the 2.2.3 applicable tariffs, rules, conditions of carriage,basis of USD 42.22 per ounce of gold. regulations and timetables (but not the times of depar-

ture and arrival therein) of such carrier, which are250 French gold francs is equal to approximately made part hereof and which may be inspected at any17 SDR. of its offices and at airports from which it operates

regular services. In transportation between a place inthe United States or Canada and any place outsideCONDITIONS OF CONTRACTthereof the applicable tariffs are the tariffs in force inthose countries.1. As used in this contract “carrier” means all air

carriers that carry or undertake to carry the goods 3. The first carrier’s name may be abbreviated onhereunder or perform any other services incidental to the face hereof, the full name and its abbreviationsuch air carriage, “Warsaw Convention” means the being set forth in such carrier’s tariffs, conditions ofConvention for the Unification of certain Rules relating carriage, regulations and timetables. The first carrier’sto International Carriage by Air, signed at Warsaw, address is the airport of departure shown on the face12 October 1929, or that Convention as amended at hereof. The agreed stopping places (which may beThe Hague, 28 September 1955, which ever may be altered by carrier in case of necessity) are thoseapplicable, and “French gold francs” means francs places, except the place of departure and the placeconsisting of 651⁄2 milligrams of gold with a fineness of destination, set forth on the face hereof or shownof nine hundred thousandths. in carrier’s timetables as scheduled stopping placesfor the route. Carriage to be performed hereunder byseveral successive carriers is regarded as a single

* This Resolution is in the hands of all IATA Cargo Agents. operation.

107


4. Except as otherwise provided in carrier’s tariffs the shipper, the shipper guarantees payment of allcharges for carriage due in accordance with carrier’sor conditions of carriage, in carriage to which the

Warsaw Convention does not apply carriers’ liability tariffs, conditions of carriage and related regulations,applicable laws (including national laws implementingshall not exceed USD 20.00 or the equivalent per

kilogram of goods lost, damaged or delayed, unless the Convention), government regulations, orders andrequirements.a higher value is declared by the shipper and a supple-

mentary charge paid.10./10.1 Except when the carrier has extendedcredit to the consignee without the written consent of4. For carriage to which neither the Warsaw

Convention nor the Montreal Convention apply the shipper, the shipper guarantees payment of allcharges for carriage due in accordance with carrier’scarrier’s liability shall not exceed the per kilogram

monetary limit set out in carrier’s tariffs or conditions tariffs, conditions of carriage and related regulations,applicable laws (including national laws implementingof carriage for goods lost, damaged or delayed, unless

a higher value is declared by the shipper and a supple- the Warsaw Convention or the Montreal Convention),government regulations, orders and requirements.mentary charge paid.

10.2 When no part of the consignment is delivered,5. If the sum entered on the face of the air waybilla claim with respect to such consignment will be enter-as “Declared Value for Carriage” represents antained even though transportation charges thereonamount in excess of the applicable limits of liabilityare unpaid.referred to in the above Notice and in these Conditions

and if the shipper has paid any supplementary charge 11. Notice of arrival of goods will be given promptlythat may be required by the carrier’s tariffs, conditions to the consignee or to the person indicated on theof carriage or regulations, this shall constitute a face hereof as the person to be notified. On arrival ofspecial declaration of value and in this case carrier’s the goods at the place of destination, subject to thelimit of liability shall be the sum so declared. Payment acceptance of other instructions from the shipper priorof claims shall be subject to proof of actual damages to arrival of the goods at the place of destination,suffered. delivery will be made to, or in accordance with the

instructions of the consignee. If the consignee6. In cases of loss, damage or delay of part of thedeclines to accept the goods or cannot be communic-consignment, the weight to be taken into account inated with, disposition will be in accordance withdetermining carrier’s limit of liability shall be only theinstructions of the shipper.weight of the package or packages concerned.

12./12.1 The person entitled to delivery must make7. Any exclusion or limitation of liability applicable toa complaint to the carrier in writing in the case:carrier shall apply to and be for the benefit of carrier’s

agents, servants and representatives and any person 12.1.1 of visible damage to the goods, immediatelywhose aircraft is used by carrier for carriage and its after discovery of the damage and at the latest withinagents, servants and representatives. For purpose of fourteen (14) days from receipt of the goods;this provision carrier acts herein as agent for all such

12.1.2 of other damage to the goods, within fourteenpersons.(14) days from the date of receipt of the goods;

8./8.1 Carrier undertakes to complete the carriage12.1.3 of delay, within twenty-one (21) days of thehereunder with reasonable dispatch. Carrier may usedate the goods are placed at his disposal; andalternate carriers or aircraft and may without notice

and with due regard to the interests of the shipper use 12.1.4 of non-delivery of the goods, within oneother means of transportation. Carrier is authorised hundred and twenty (120) days from the date of theby shipper to select the routing and all intermediate issue of the air waybill.stopping places that it deems appropriate or to change

12.2 For the purpose of 12.1 complaint in writingor deviate from the routing shown on the face hereof.may be made to the carrier whose air waybill wasThis sub-paragraph is not applicable to/from USA.used, or to the first carrier or to the last carrier or to

8.2 Carrier undertakes to complete the carriage the carrier who performed the transportation duringhereunder with reasonable dispatch. Except within which the loss, damage or delay took place.USA where carrier tariffs will apply, carrier may use 12.3 Any rights to damages against carrier shall bealternate carriers or aircraft and may without notice extinguished unless an action is brought within twoand with due regard to the interests of the shipper use years from the date of arrival at the destination, orother means of transportation. Carrier is authorised from the date on which the aircraft ought to haveby shipper to select the routing and all intermediate arrived, or from the date on which the transportationstopping places that it deems appropriate or to change stopped.or deviate from the routing shown on the face hereof.

13. The shipper shall comply with all applicable lawsThis sub-paragraph is applicable only to/from USA.and government regulations of any country to, from,

9. Subject to the conditions herein, the carrier shall through or over which the goods may be carried,be liable for the goods during the period they are in including those relating to the packing, carriage orits charge or the charge of its agent. delivery of the goods, and shall furnish such informa-

tion and attach such documents to this air waybill10./10.1 Except when the carrier has extendedcredit to the consignee without the written consent of as may be necessary to comply with such laws and

108


ceiling on liability in non-Warsaw air transportation as is providedregulations. Carrier is not liable to the shipper for lossunder the Warsaw Convention with the exception relating to Britishor expense due to the shipper’s failure to comply withcarriers. It must be recognized that the proposals, however, tendthis provision.to change to some extent the existing situation with respect to14. No agent, servant or representative of carrierlimitations of liability. Not all air carriers or foreign air carriers athas authority to alter, modify or waive any provisionspresent have tariff provisions disclaiming liability in cases of non-of this contract.Warsaw air transportation.

15. If carrier offers insurance and such insurance isThe rule establishing the invalidity of contracts which attempt torequested, and if the appropriate premium is paidabrogate or limit the liability of a common carrier through the negli-and the fact recorded on the face hereof, the goodsgence of the carrier is well established in the United States. Sectioncovered by this air waybill are insured under an open575 of the Restatement of the Law of Contracts of the Americanpolicy for the amount requested as set out on the faceLaw Institute states that:hereof (recovery being limited to the actual value of

goods lost or damaged provided that such amount “A bargain for exemption from liability for the consequencesdoes not exceed the insured value). The insurance of negligence is illegal if …. one of the parties is chargedis subject to the terms, conditions and coverage (from with a duty of public service, and the bargain relates towhich certain risks are excluded) of the open policy, negligence in the performance of any part of its duty to the

public, for which it has received or been promisedwhich is available for inspection at an office of thecompensation.”issuing carrier by the interested party. Claims under

such policy must be reported immediately to an officeThis restatement of the applicable law is founded on the almostof carrier.universal rule of the courts in passing upon such contracts. ThePresident and Congress of the United States in the performanceGOVERNMENT RESERVATIONSof Constitutional duties with respect to foreign relations modified

CANADA this public policy to some extent in the Warsaw Convention of 1929(adherence of the United States authorized by Congress in 1934)1. Insofar as transportation to or from Canada is concerned, ininsofar as international carriage under the Convention is involved.the event of conflict between the wording in the waybill conditions

of contract, carrier’s conditions of carriage or carrier’s rules and The Convention places a limit of approximately $8,300 on the liabilityregulations on the one hand and the carrier’s applicable tariff filed of an air carrier for death or injuries to a passenger and renderswith the National Transportation Agency of Canada on the other invalid an attempt to disclaim or set a lower limit of liability byhand, the latter shall apply. contract. Except for the modification of the Convention, the public

policy of the United States remains in force as to all other airPHILIPPINES transportation with respect to contracts of carriage within its orbit.1. All IATA Members operating in the Philippines give notice in

To the extent that the proposed conditions of carriage would placetheir tickets and air waybills as to:a limit on liability in cases of non-Warsaw transportation, they

1.1 whether or not their respective countries have ratified orrepresent a step away from the public policy of this country. Weadhered to the Hague Protocol of 1955; anddisapproved as adverse to the public interest prior conditions which

1.2 whether the International Law applicable to them is the appeared to attempt to establish a rule of no liability in non-WarsawWarsaw Convention of 12 October 1929, or the said Warsaw transportation.Convention, as amended by the Hague Protocol of 1955.

The present conditions appear to propose a limit of liability in suchUNITED STATES transportation commensurate with that imposed by the Warsaw

Convention. We do not believe that this represents a final solutionOrder E-3230:that is in the public interest in the absence of the application of the1. Approval is upon the express conditions as set forth in theprovisions of the entire convention. Moreover, we must take noteopinion attached hereto and made part hereof.of the fact that the limitations of the Warsaw Convention are them-

Opinion selves now felt by many to be inadequate and that proposals haveThe true intent, effect and purpose of some of the conditions of been made to raise those limits. However, we do conclude that thecontract printed on the ticket are not clear. Under some possible public benefits to be achieved from the use of uniform tickets by allinterpretations of the conditions of contract, serious questions relat- international carriers which would be made possible by the presenting to the public interest could arise. Since in some instances the proposals justify the approval of those proposals for an interimpassengers will be substantially affected thereby we are discussing

period.certain significant provisions of the contract and the interpretationswhich we place thereon as our basis of approval. It is our under- We must reiterate our belief that the trend in uniform action bystanding and intention that the resolutions will be applied by the international carriers should be in the direction of the eliminationIATA carriers in accordance with these interpretations.

of restrictions on liability, and that we expect the U.S. flag carrierParagraph (2)(a) provides that the rules of the Warsaw Convention members of IATA to promote study and cultivate action to that end.shall apply to the international carriage as defined by the Conven- Under Section 412 of the Civil Aeronautics Act we may, if necessary,tion. The Warsaw Convention, to which the United States and some at any time review the approval granted herein and disapprove the30 other nations are parties, contains certain provisions applicable

future application of the conditions unless such conditions are madeto international air transportation, and it has been represented byto conform to the suggestions set forth herein.the petitioners that these resolutions are not in abridgment of it. It

appears that the intent of the carriers here is to establish a uniform Section 4(a) of the Conditions of Contract gives rise to some ques-passenger ticket and baggage check setting forth the limitations of

tion that it is intended as a limitation on the right of a passengerthe carrier liability wherein the Warsaw Convention does not apply.claiming damages.The effect, then, of the proposed resolutions is to place the same

109


Section 4(a) provides: “. . . liability of carrier in respect of baggage or other personalproperty is limited to its declared value which shall not exceed“Carrier is not liable for any death, injury, loss or claim of$100.00 (U.S. currency) or its equivalent per passenger,whatsoever nature (hereinafter collectively referred to asunless a higher valuation is declared in advance and addi-‘damage’) arising out of or in connection with carriage ortional charges are paid pursuant to carrier’s tariffs;”other services hereunder, unless such damage is proved to

have been caused by the negligence or wilful fault of carrier Such a limitation cannot adversely affect traffic subject to theWarsaw Convention, nor can it adversely affect passengersand there has been no contributory negligence of the

passenger;” subject to applicable laws which afford greater benefits orprevent the limitation of liability. The limitation only appliesThis section might possibly be construed as an effort to avoid thein non-Warsaw air transportation or where applicable lawapplication of the legal doctrine of res ipsa loquitur insofar as death,does not exist. It is our view, however, that this $100.00personal injury or damage to personal property in the custody oflimitation of liability for baggage or other personal propertythe passenger is concerned, which places certain burdens of proofis too low and that the carriers should raise the ceiling,on carrier defendants.at least commensurate with the limitation contained in the

It is our understanding from representations of U.S. Carriers that Warsaw Convention.Section 4(a) is not intended to affect the doctrine of res ipsa loquitur

Further consideration must be given to Section 4(e) of the Condi-or any other legal presumptions as to burden of proof where other-tions of Contract which states:wise applicable. The maxim res ipsa loquitur is also applied in

“. . . a carrier issuing a ticket or checking baggage forEnglish and Canadian law.carriage over the lines of others does so only as agent, andAside from the cases in which the doctrine of res ipsa loquitur mayno carrier shall be liable for any damage not occurring onbe invoked, negligence is never presumed; it is not presumed fromits own lines unless proved to have been caused by its ownthe mere fact that an injury is sustained as a consequence of somenegligence or wilful fault;”conduct on the part of the defendant. In the absence of any statutory

Again we find a deviation from the Warsaw Convention. For expedi-presumption of negligence the acts of negligence relied upon byent disposition of this case, temporary approval is hereby grantedthe plaintiff for a recovery must be substantially proved as allegedfor the above provision; however, the carriers should take actionotherwise a verdict for the plaintiff must be reversed. All personsto amend such provision to conform with the Warsaw Convention.should be held to the proper degree of care consistent with their

duties of diligence, but when the rule is observed, no hardship will On 14 February 1949, the Board deferred action on the resolutionsresult from the requiring of those who allege negligence to prove establishing the Conditions of Contract. In its orders the Boardnegligence. stated:The language of Section 4(a) “and there has been no contributory “Finding that the air carrier members of IATA have advisednegligence of the passenger” may also need clarification. No rule the Board that they intend to adopt a proposed rules tariffof the common law has been accepted more readily than the general for passengers and finding the same to be incorporated byrule that contributory negligence of the plaintiff constitutes a defense reference into the conditions of contract on the passengerfor the defendant charged with negligence. Our concern with this ticket and baggage check …. and further finding that theprovision arises as to the burden of proof. Contributory negligence said rules tariff has not been submitted to the Board foris an affirmative defense, and as such the burden is upon the approval, and that action should be deferred on the above-defendant to establish it to the reasonable satisfaction of the jury. cited resolution(s) pending the filing of the rules tariff withIt must be made out by showing affirmatively not only that the plaintiff the Board under Section 412(a) of the Act.”was guilty of negligence, but that such negligence cooperated with

The document entitled “Rules Tariff — Conditions of Carriage forthe negligence of the defendant to produce the injury. It must bePassengers and Baggage” was filed with the Board for “appropriateconceded that the plaintiff is under no obligation to prove theaction”. In this comprehensive document, Agreement CAB No.performance of any particular act by way of precaution against3118, the carriers set out the uniform conditions under whichinjury. It is our understanding that the language was used in Sectionpassengers and baggage will be carried in international air trans-4(a) in this sense and was merely intended to restate existing law.portation, including provisions relating to: reservations, deposits,There is no effort to in any way change or modify the law on thiscommunication charges, service charges, time of arrival of passen-point by contract.gers at airport of departure, validity of tickets, stop-overs, voluntary

Upon the understanding and representations set forth above we and involuntary routings, missed connections, free baggage allow-find that Section 4(a) is not adverse to the public interest. ance, excess baggage charges, schedules, delays, cancellations

of flights, voluntary and involuntary refunds, and other relatedIn some foreign jurisdictions a common carrier, by contract withmatters. In addition, all of the conditions of contract appearing onthe passenger, may remove itself from the status of a commonthe uniform ticket are included therein.carrier to escape liability and in other jurisdictions a common carrier

may disclaim liability for its negligent acts. It is again our understand- A number of the rules are conference resolutions which are bindinging upon representation for U.S. Carriers that the IATA carriers upon all IATA carriers and the remainder are rules established ashere do not seek to enjoy such provisions as may exist relative to recommended practices. All of the rules were arrived at by negoti-the disclaimer of liability for death, injury or delay of a passenger. ation and compromise. They represent the expression of theTo the contrary, in those jurisdictions Section 4(c) of the Conditions composite views of the carriers as to the conditions which shouldof Contract provide: be applicable to international air transportation. After careful consid-

eration, the Board finds that the subject matter contained in the“. . . in any event liability of carrier for death, injury or delay“Conditions of Carriage for Passengers and Baggage” Agreementof a passenger shall not exceed 125,000 French gold francsCAB No. 3118, constitutes an agreement within the meaning of(consisting of 651⁄2 milligrams of gold with a fineness of 900Section 412(a) of the Civil Aeronautics Act. The manner in which thethousandths) or its equivalent;”carriers established the rules therein, whether by way of agreement,

This limitation of liability is consistent with the ceiling established concurrence, adherence, compromise, concensus of opinion, nego-under the Warsaw Convention. tiation, or otherwise does not remove the matter from Section 412(a)

of the Act.With respect to baggage and other personal property the carriers”by virtue of those resolutions propose to limit liability as set forth As a whole, Agreement CAB No. 3118, establishing the conditionsin Section 4(d) of the Conditions of Contract: of carriage of passengers and baggage, warrants our approval on

110


the basis of the important public interest consideration above set The carriers may want to incorporate in their tariffs filed pursuantto Section 403 of the Act, rules which are supplemented to, orforth with respect to the carrier’s coordination of Traffic. Two ofwhich amend, modify or cancel the rules approved herein. In thethe provisions deserve special consideration, however, Article 16event any such additional rule is adopted by any air carrier and theParagraph 3(g) provides:same rule is adopted by any other carrier or carriers for inclusionin an IATA joint tariff, such rule must be filed with as under Section“Under no circumstances will carrier be liable for damage to412 of the Act and appropriate action must be taken thereon priorunchecked baggage not solely and directly attributable toto its submission for filing as a tariff under Section 403 of the Actthe negligence of carrier. Assistance rendered to the passen-and Parts 221 and 222 of the Economic Regulations. Such filingger by carrier’s employees in loading, unloading or transship- should be accompanied by a statement outlining the manner of

ping unchecked baggage shall be considered as a gratuitous adoption, viz., formal agreement, recommended practice, concur-service to the passenger and carrier is not liable for damage rence, adherence, compromise, negotiation or otherwise.to such unchecked baggage incurred during, or as a result For the reasons, and subject to our findings above stated, we furtherof, such service, irrespective of the negligence of carrier’s extend our approval to the resolutions establishing a uniform airemployees.” waybill/consignment note with conditions of contract printed

thereon.While this subsection is subject to the provision “except as the

Our comments, findings and conclusions, with respect to certainConvention, or other applicable law may otherwise require”, theprovisions of conditions of contract on the uniform passenger andcarriers must not attempt to disclaim liability for the negligent acts baggage ticket are equally applicable to comparable provisions

of their employees. This purported disclaimer of responsibility is contained in the conditions of contract printed on the uniform airinconsistent with the Warsaw Convention, and inconsistent with waybill.the law generally applicable in the United States. In the Standard In connection with the carriage of property over the routes ofCase, we pointed out the responsibility of the carrier for the acts successive carriers, the public interest would be best served byof its agents performed within the scope of their employment. While the establishment of single carrier responsibility from origination towe are extending our approval to the entire document, this provision destination of the transportation by aircraft. The adoption of theshall be modified consistent with the views expressed herein. single carrier responsibility rule established by the Warsaw Conven-

tion would serve the interests of the shipping public and the carriersArticle 17 provides: have adequate opportunity to adjust financial responsibility for loss

or damage as between themselves. In fact, they have already done“No action shall be maintained for damage to any passenger so in their interline agreements. The carriers must take immediateof his property or baggage, unless written notice of the claim steps to accomplish this end.is presented to the general office of the carrier alleged to Likewise we find that Agreement CAB No. 3119, entitled “Conditionsbe responsible therefore within thirty days after the alleged of Carriage for Goods” is an agreement within the meaning ofoccurrence of the events giving rise to the claim and unless Section 412(a) of the Act. On the basis of the public interest consid-the action is commenced within two years after the alleged eration, set forth herein, we approve the agreement. Our conclu-

sions with respect to the air waybill are also applicable to similaroccurrence.”provisions contained in Agreement CAB No. 3119.

The presentation of a claim to any office of the carrier would appear We shall expect that the rules contained in Agreement CAB No.to suffice. In the case of loss or damage to property, the passenger 3119 will be carried forward into applicable tariffs in the sametravelling over successive carriers may not know which carrier manner as we have directed herein with respect to the passengercaused the loss or damage. The IATA carriers in their interline rules. Furthermore, the air carriers, shall submit supplemental rules

to the Board and appropriate action must be taken thereon, asagreements provided for forwarding of claims in appropriate casesherein before indicated, prior to filing them as tariffs under Sectionand have made adequate provisions for indemnity fixing financial403 of the Act.responsibility on the carrier causing the loss or damage. We believeFor the most part the resolutions relative to the passenger ticketthat the carriers should establish a provision with respect to baggageand air waybill and the conditions of carriage express generally theand other property consistent with the Warsaw Convention byintent of the carriers. However, until supplemental information andproviding that the claimant may at his option present claims to theexplanations were supplied by the United States carriers, we wereoriginating carrier, the delivering carrier, or the carrier causing the unable to determine in some instances the exact intent, purpose

loss or damage. and effect of a number of the provisions contained in the documents.By an ordinary examination, the passengers and shippers may notThe public interest requires passengers to present their claims forbe adequately appraised of their rights and obligations under thedamages within a reasonable period, but the 30 day limitation periodcontracts of carriage to be set forth in the tariffs and on the passen-appears to be an unduly short one. In cases of death or seriousger ticket and air waybill. Therefore, pending the appropriate revi-personal injury it may not be practicable to present the claim within sions as a condition of our approval, we require all air carrier

30 days. The carriers should modify this provision by the establish- members of IATA filing these rules in IATA tariffs with the Boardment of a longer limitation clause consistent with the public interest. to insert appropriate reference therein to this opinion so as to indic-As an indication of U.S. public policy the carrier’s attention is invited ate the true intent and purpose of the carriers with respect to liability.to Section 20(11) of the Interstate Commerce Act which provides We extend our approval for a temporary period in order to permitfor a nine month period within which to file such claims. the immediate use of the uniform arrangements discussed herein

pending revisions of the provision under consideration in a mannerThe carriers propose to insert these rules into a consolidated rules consistent with the view expressed herein. Should the carriers failtariff which will be filed with the Board under Section 403 of the to make such revision at their first opportunity, the public interestCivil Aeronautics Act and Parts 221 and 222 of the Boards Economic may require us to withdraw the approval herein granted.Regulations. Since the IATA carriers are bound by Conference Order 79-10-101:Resolutions with respect to the subject matter of a number of the

For transportation to/from the United States, Article 6 shall be statedrules in the conditions of carriage, we shall expect such rules to in the following language: notwithstanding any other provision, forbe incorporated in the appropriate tariffs without change. With foreign air transportation as defined in the U.S. Federal Aviationrespect to those rules to which the carriers are not bound by formal Act as amended, in case of loss or damage or delay of a shipmentconference agreement but which have been promulgated as recom- or part thereof, the weight to be used in determining the carrier’s

limit of liability shall be the weight which is used (or a pro rata sharemended practices, we recognize that any carrier may, by appropri-in the case of a part shipment loss, damage or delay) to determineate tariff provision, deviate from the recommended practice rule. Ifthe transportation charge for such shipment.a carrier elects to adopt a recommended rule, the tariff provision

should conform in substance to the applicable rule in the recom-mended practice.

111


1.6 Bar coded label quality should be of a type with equalRESOLUTION 606*or better characteristics than commonly used in preprintedcargo labels. These specific characteristics include:BAR CODED LABEL

CBPP(08)606 Expiry: Indefinite 1.6.1 adhesion holding power;

Type: B 1.6.2 service temperature range;

1.6.3 moisture resistance.RESOLVED that:

Section 1 — General Section 2 — Technical Specifications1.1 For the carriage of cargo, identification label(s) in the 2.1 The layout and minimum dimensions of bar code labelsform of a bar coded label may be used and attached to are defined in Attachments ‘C’ and ‘D’ of this Resolution.each package, adjacent to the consignee’s name andaddress where space permits. In certain cases, more than 2.2 Bar coded information shall be in accordance withone label may be required, such as when shipments have Recommended Practice 1600t and as shown in Attach-labels applied by different parties, e.g. shippers, forwarders, ments ‘A’ and ‘B’ of this Resolution.airlines, or when the amount of optional information does

2.3 Notwithstanding the provisions of this Resolution,not fit onto the label stock in use.carriers and their customers who use the bar coded labels

1.2 For purposes of this Resolution, a bar coded label of different dimensions may continue to use them, providedis one containing bar code(s). The label may be printed the data encoding requirements specified in Attachmentsautomatically on demand, or preprinted. ‘A’ and ‘B’ of this Resolution are met.1.3 A bar code may be primary or secondary. A primarybar code is one which contains the master air waybill and

Section 3 — Completionpiece number. Secondary bar codes contain other informa-tion and may also be included on the same, or separate, 3.1 The circled numbers to the right of the titles below,label(s). correspond with the numbers in the boxes of the specimen1.4 Bar coded labels shall contain the following mandatory label illustrated in Attachment ‘C’ of this Resolution.information:

3.2 Completion of the mandatory boxes on the labels shall1.4.1 airline name; be as shown below:1.4.2 air waybill number;

3.2.1 Airline Name V11.4.3 destination;

1.4.4 primary bar code. The airline name.

1.5 Bar coded labels may contain optional information; forexample: 3.2.2 Air Waybill Number V2

1.5.1 airline insignia; The airline code and air waybill number of the shipment.The serial number may be shown as two groups of four1.5.2 transfer points;digits.1.5.3 piece number;

1.5.4 weight of this piece;3.2.3 Destination V3

1.5.5 total number of pieces;The IATA three-letter code of the airport of destination.

1.5.6 total weight of this shipment; When the airport code is unknown or the city is served bymore than one airport the IATA three-letter city code may1.5.7 handling information;be used.1.5.8 house waybill number;

1.5.9 house waybill piece number;3.2.4 Primary Bar Code V5

1.5.10 origin;The primary bar code contains all data elements described

1.5.11 total number of house waybill pieces; in Attachment ‘A’ of this Resolution. Whenever more thanone bar code is printed on a label containing the primary1.5.12 total weight of house waybill pieces;bar code, the primary code must appear first.1.5.13 product name;3.3 When used, completion of the optional information on1.5.14 other information;the labels shall be as follows:

1.5.15 secondary bar code.

3.3.1 Airline Insignia V1

* This Resolution is in the hands of all IATA Cargo Agents. The airline insignia.

112

c Resolution 606 — Attachment ‘A’

3.3.2 Transfer Points V6 RESOLUTION 606The IATA three-letter code of the airport(s) of transfer. Whenthe airport code is unknown or the city (cities) is (are) served Attachment ‘A’by more than one airport the IATA three-letter city code may

Primary Bar Code (Air Waybill/Piece Numberbe used.Information)

3.3.3 Piece Number V6A primary bar code, of sixteen continuous numeric charac-

The air waybill piece number. ters, in which the encoded data shall comprise the followingfields:

3.3.4 Weight of this Piece V6

= the three-digit numeric airline prefix;The weight of the specific package to which the label isattached, together with the unit of weight (K or L). = the eight-digit numeric air waybill number;

= a single digit separator (shall always be zero);3.3.5 Total No. of Pieces V4

= a four-digit numeric unique piece number, indicatingThe total number of pieces comprising the shipment.each individual piece in a multi-piece shipment. If thisfield is not used, it shall comprise four zeros;3.3.6 Total Weight of this V6

Shipment Note: The bar code may have human readable translationThe total weight of the shipment, together with the unit of of all digits in the field.weight (K or L).

Examples:3.3.7 Handling Information V6

(a.) air waybill 777-12345675, piece number 3:Any information which pertains to the handling of the 7771234567500003shipment.

(b.) air waybill 777-76543213, piece number 122:3.3.8 HWB No. V6

777654321300122The house waybill (HWB) number.

(c.) air waybill 777-32176546, pieces field not used:77732176546000003.3.9 HWB Piece No. V6

The house waybill (HWB) piece number. The primary bar code shall be printed on the cargo labelas indicated in Attachments ‘C’ and ‘D’. There should be

3.3.10 Origin V6no box around the bar code in order to maximise reading

The IATA three-letter code of the airport of origin. When the efficiency.airport code is unknown or the city is served by more than

The bar code shall be printed in Code 128 with a minimumone airport the IATA three-letter city code may be used.width of the narrow bar (× dimension) of 0.5 mm (0.02 in).The bar code shall be printed vertically (picket fence) with3.3.11 Total No. of HWB Pieces V6

a minimum bar height of 21.6 mm (0.85 in).The total number of pieces comprising the shipment beingshipped under this house waybill. The bar code includes the following top and bottom quiet

zones:3.3.12 Total Weight of HWB V6

PiecesMThe total weight of pieces represented by the house

waybills, together with the unit of weight (K or L). Top quiet zone: minimum 2.54 mm (0.1 in)N

3.3.13 Product Name V6

The marketing name associated with the type of freightmovement.

3.3.14 Other Information V6

Information which may be added at the user’s discretion.

3.3.15 Secondary Bar Code V57 7 7 1 2 3 4 5 6 7 5 0 0 1 2 2

The secondary bar code(s) is printed in box 6 of Attachment Bar code: 21.6 mm (0.85 in)‘C’ of this Resolution whenever a primary bar code is Mincluded on the label; otherwise it may be printed in box 5.

Bottom quiet zone: minimum 6.35 mm (0.25 in)The secondary bar code(s) contains data elements identi-Nfied in Attachment ‘B’ of this Resolution.

113


The side quiet zones shall be as specified in Recommended RESOLUTION 606Practice 1600t.

Attachment ‘B’The optical characteristics of the bar code shall be such asto be readable: Secondary Bar Code= using a contact scanner (wand reader); Where more than one secondary bar code is printed on a

label, the bar code containing the house waybill number= at a distance of up to 1.80 m (6 ft) using a non-contactshall be printed as the first of these secondary bar codes.scanner;

= using a fixed scanner on a conveyor moving at speeds The secondary bar codes can be variable in length,of approximately 1.80 metres per second (6 feet per depending on the fields used. One-character field identifierssecond) and a depth of field ranging from 12.7 to 803 mm will be used as specified below. Printing characteristics of(1⁄2 to 32 in). the secondary bar code, including narrow bar dimensions,

quiet zones and optical characteristics, shall be the sameas specified for the primary bar code. The industry standard(AIM) check digit will be the last character in the bar codedstring of data.

Symbology

The secondary bar code shall be printed using CODE 128and using the standard described in Recommended Prac-tice 1600t.

Specifications

Field Identifier

The field identifier shall consist of a single alpha characteras defined below:

FormatIdenti- (Cargo-IMP

Field fier Standard)

Destination D aaa

Total No. of Pieces P n[...4]

Transfer Points C aaa

Weight of this Piece W n[...7]p

Total Weight of this Shipment T n[...7]p

Handling Information B t[...38]

Origin O aaa

HWB No. H m[1...12]

HWB Piece No. Y n[...4]

Total No. of HWB Pieces S n[...4]

Total Weight of HWB Pieces A n[...7]p

Carrier/Customer Specific Information* Z t(l...65)

Unique Piece Identifier J t(l...35)

*Encoding of carrier-/customer-specific information must be the lastdata encoded.

Field Delimiter

The delimiter shall be the Plus Sign (+).

Remarks: A, W and T fields to include K or L as the lastcharacter to denote kilograms or pounds.

Bar Code Format

The format shall consist of the field identifier immediatelyfollowed by the field data. The field delimiter immediatelyfollows. This sequence is repeated until all data is encoded.The industry standard (AIM) check digit will be the last char-acter in the bar coded string of data. As with the primary bar

114

c Resolution 606 — Attachment ‘B’

code, the check digit will not be printed in human-readableformat. There is no continuation character. If the amount ofdata to be coded is too great to fit on the label in onesecondary bar code, then another bar code must be used.Each bar code will contain complete information for the datafields specified by the field identifier.

Examples:

(a.) HWB No.: CHZH8-1234567

(b.) Destination: ABY, Number of HWB Pieces: 99.

This data will not fit onto a 4 in (102 mm) label, so two barcodes are used. The data strings are formatted as follows:

Bar Code No. 1HCHZH81234567

Bar Code No. 2DABY+S0099

Bar Code Examples:

Example Number One:

Example Number Two:

115


RESOLUTION 606Attachment ‘C’

BAR CODED LABEL

102 mm (4.0 in)

AIRLINENAME/INSIGNIA

DESTINATION

OPTIONAL INFORMATION

TOTAL NO. OF PIECES

AIR WAYBILL NO.

BAR CODED INFORMATION

20 mm(0.79 in)

35 mm(1.38 in)

15 mm(0.59 in)

15 mm(0.59 in)

43 mm(1.65 in)

1

5

2

3 4

6

Note: Boxes containing human readable information must be titled.

116

c Resolution 606 — Attachment ‘C’

BAR CODED LABEL

OPTIONALINFORMATION

Layout and dimensions ofindividual boxes atuser's discretion

102 mm (4.0 in)

128 mm(5.0 in)


117


RESOLUTION 606Attachment ‘D’

BAR CODED LABEL


118

c Resolution 606 — Attachment ‘D’

BAR CODED LABEL


119


1.6 Label quality should be of a type with equal or betterRESOLUTION 606a*characteristics than commonly used in preprinted cargolabels. These specific characteristics include:NON-BAR CODED LABEL1.6.1 adhesion holding power;CSC(21)606a Expiry: Indefinite

1.6.2 service temperature range;Type: B

1.6.3 moisture resistance.RESOLVED that:

Section 2 — Technical SpecificationsSection 1 — General2.1 A specimen label, showing the location and labeling1.1 For the carriage of cargo, unless a bar code label of the various boxes, is shown in Attachment ‘A’ of thisin accordance with Resolution 606 is used, identification Resolution.label(s) in the form of a non-bar coded label shall be used

and attached to each package, adjacent to the consignee’s 2.2 The dimensions of the label and information enteredshall be as follows:name and address where space permits.

In certain cases, more than one label may be required, such 2.2.1 the minimum dimensions of individual boxes shallas when shipments have labels applied by different parties, be 76 mm in width and 20 mm in height;e.g. shippers, forwarders, airlines, or when the amount of 2.2.2 where two boxes are shown horizontally alongsideoptional information does not fit onto the label stock in use.

each other, they may be less than 76 mm but at least 38 mmFor example, a forwarder may add a label containing housein width;waybill information, and a second label, containing air

waybill information, may be subsequently added on ship- 2.2.3 the minimum height of the information entered in thement consolidation. boxes shall be 5 mm.

1.2 For the purposes of this Resolution, a non-bar codedlabel is one which does not contain bar codes. The label Section 3 — Completionmay be preprinted and completed manually, but in some

3.1 The circled numbers to the right of the titles below,cases may be printed automatically on demand.correspond with the numbers in the boxes of the specimen

1.3 Notwithstanding 1.1, the label need not be used for label illustrated in Attachment ‘B’ of this Resolution.online carriage of cargo.

3.2 The completion of the mandatory boxes on the label1.4 Labels shall contain the following mandatory shall be as shown below:information:

3.2.1 Airline Name V11.4.1 airline name;

The airline name.1.4.2 air waybill number;

1.4.3 destination;3.2.2 Air Waybill Number V2

1.4.4 total number of pieces.The air waybill number of the shipment. The serial number

1.5 Labels may contain optional information; for example: may be shown as two groups of four digits.1.5.1 airline insignia;

3.2.3 Destination V31.5.2 transfer points;

The IATA three-letter code of the airport of destination.1.5.3 piece number;When the airport code is unknown or the city is served by

1.5.4 weight of this piece; more than one airport the IATA three-letter city code maybe used.1.5.5 total weight of this shipment;

1.5.6 house waybill number; 3.2.4 Total No. of Pieces V4

1.5.7 house waybill piece number; The total number of pieces comprising the consignment.1.5.8 handling information; 3.3 When used, completion of the optional information on1.5.9 origin; the labels shall be as follows:

1.5.10 total number of house waybill pieces;3.3.1 Airline Insignia V1

1.5.11 total weight of house waybill pieces;The airline insignia.

1.5.12 product name;

1.5.13 other information which may be added at the user’s 3.3.2 Transfer Points V5

discretion. The IATA three-letter code of the airport(s) of transfer. Whenthe airport code is unknown or the city (cities) is (are) servedby more than one airport the IATA three-letter city code may

* This Resolution is in the hands of all IATA Cargo Agents. be used.

120

c Resolution 606a — Attachment ‘A’

3.3.3 Piece Number V6 RESOLUTION 606aThe air waybill piece number.

Attachment ‘A’3.3.4 Weight of this Piece V7

NON-BAR CODED LABELThe weight of the specific package to which the label isattached, together with the unit of weight (K or L).

AIRLINE (optional)3.3.5 Total Weight of this V8

NAME/INSIGNIAShipmentThe total weight of the shipment, together with the unit ofweight (K or L).

AIRWAYBILL3.3.6 Handling Information V9

NO.Any information which pertains to the handling of theshipment.

3.3.7 HWB No. V10DESTINATION TOTAL

The house waybill (HWB) number. NO. OFPIECES

3.3.8 HWB Piece No. V11

The house waybill (HWB) piece number.TRANSFER PIECEPOINTS (optional) NUMBER (optional)3.3.9 Origin V12

The IATA three-letter code of the airport of origin. When theairport code is unknown or the city is served by more thanone airport the IATA three-letter city code may be used.

WEIGHT OF (optional) TOTAL (optional)THIS PIECE WEIGHT OF3.3.10 Total No. of HWB V13

Pieces THIS SHIPMENT

The total number of pieces comprising the shipment beingshipped under this house waybill.

3.3.11 Total Weight of HWB V14HANDLING (optional)PiecesINFORMATION

The total weight of pieces represented by the housewaybills, together with the unit of weight (K or L).

HWB HWB3.3.12 Product Name V15

NO. (optional) PIECE NO. (optional)The marketing name associated with the type of freightmovement.

3.3.13 Other Information V16ORIGIN (optional) TOTALInformation which may be added at the user’s discretion. NO. OF

HWB PIECES (optional)

TOTAL PRODUCTWEIGHT OF NAME (optional)HWB PIECES (optional)

OTHERINFORMATION

Note: Each box appearing on the label must be titled.

121


RESOLUTION 606a RESOLUTION 607*

Attachment ‘B’ STANDARDS FOR LABELS AND TAGSFOR SPECIAL SHIPMENTS

NON-BAR CODED LABELCSC(17)607 Expiry: Indefinite

Type: BAIRLINE (optional) V1NAME/INSIGNIA

RESOLVED that:

1. Members desiring to use labels or tags for specialconsignments shall use the labels or tags set forth herein.

AIR In the case of dangerous goods the use of labels as perWAYBILL Attachment ‘A’ to Resolution 618 or in the case of liveNO. V2 animals as per Attachment ‘A’ to Resolution 620 is

mandatory.

2. The outside measurements of these labels and tagsDESTINATION TOTAL (except the “This Way Up” label) shall be not less than

NO. OF 74 mm (215⁄16 in) in width by 105 mm (41⁄8 in) in height.V3 PIECES V4 3. The colours, symbols, language, wording and form ofthe labels and tags and the respective classification of thespecial consignments they cover shall be as set forth in

TRANSFER PIECE Attachment ‘A’.POINTS NUMBER

4. Where space permits, the standard labels and tags for(optional) V5 (optional) V6special shipments shall be attached adjacent to theconsignee’s name and address.

5. Notwithstanding Paragraphs 2 and 3, Members shallWEIGHT OF TOTAL use the labels and tags shown in Attachment ‘A’ not laterTHIS PIECE WEIGHT OF than when replacing their present stock of labels and tags.(optional) V7 THIS SHIPMENT

6. Not more than two languages may be shown on the(optional) V8labels in Attachment ‘A’ provided that one language mustbe English.

HANDLING (optional) V9INFORMATION

HWB HWBNO. PIECE NO.(optional) V10 (optional) V11

ORIGIN TOTAL(optional) V12 NO. OF

HWB PIECES(optional) V13

TOTAL PRODUCTWEIGHT OF NAMEHWB PIECES (optional) V15(optional) V14

OTHERINFORMATION V16

Note: Each box appearing on the label must be titled.


122


RESOLUTION 607Attachment ‘A’

Name of Label: Fragile.Name of Label: Package Orientation (This Way Up) Description: Red with white symbol and printing. Dimensions

not less than 74 mm (215⁄16 in) in width by 105 mmDescription: Red or Black on a contrasting background. Dimen-(41⁄8 in) in height.sions not less than 74 mm (215⁄16 in) in width by

105 mm (41⁄8 in) in height. Language: Carrier’s name only (optional) and the word“Fragile” in not more than two languages.Optional: Carrier identification may be printed outside the

border of the label.

Name of Label: Perishable

Description: White with blue symbols and white printing.Dimensions not less than 74 mm (215⁄16 in) inwidth by 105 mm (41⁄8 in) height.

Language: Carrier’s name only (optional).

123


GOVERNMENT RESERVATIONSRESOLUTION 612*

ZAMBIAJ SHIPPER’S REQUEST FOR CHANGES

For shipments from/to Zambia, modification from “charges pre-paid”TO AIR WAYBILL AND SHIPMENT to ’charges collect” basis or vice versa at any stage after the issue

of the original air waybill, may be made only against delivery ofRECORD AMOUNTSspecific written authority for such modification, issued by theZambian Government Department which issued the import/exportCSC(10)612 Expiry: Indefinitepermit/licence. (24.8.1977)CSC(19)612 Type: B

RESOLVED that:

1. PREPAID/COLLECT PAYMENTOF TRANSPORTATION CHARGES

A request to change transportation charges from collect toprepaid or vice versa, shall be made by the shipper or hisagent in writing prior to delivery of the consignment to theconsignee or his agent.

2. DISBURSEMENT AMOUNT

A request to change disbursement(s) amount(s) shall bemade by the shipper or his agent in writing prior to deliveryof the consignment to the consignee or his agent.

3. DECLARED VALUE FORJCARRIAGE

A request for a change of the declared value for carriageamount shall be made by the shipper or his agent in writingprior to departure from the airport of origin of the consign-ment. The declared value for carriage entered on the airwaybill or in the shipment record shall not be amended afterdispatch of the consignment from the airport of departureshown on the air waybill or in the shipment record.

4. AMOUNT OF INSURANCEJ

A request for a change of the amount of insurance shall bemade by the shipper or his agent in writing prior to departurefrom the airport of origin of the consignment. The amountof insurance entered on the air waybill or in the shipmentrecord shall not be amended after dispatch of the consign-ment from the airport of departure shown on the air waybillor in the shipment record.

5. CHANGE OF AN AIR WAYBILLJOR SHIPMENT RECORD AMOUNT

Notwithstanding the provisions specified above, shipper’srequest for change of an air waybill or shipment recordamount will only be dealt with by carrier subject to timelysettlement of all corrective action required by the appropriatedepartment(s) of the delivering and/or issuing carrierconcerned. In case the air waybill or shipment record cannotbe altered before dispatch from the airport of departure, itwill be (considered to be) amended only upon receipt bythe first and/or issuing carrier at the airport of departure ofa confirmation of successful corrective action taken andreported by the delivering carrier.


124

c Resolution 618

RESOLUTION 614* RESOLUTION 618*

IATA DANGEROUS GOODSPROCEDURES FOR DISBURSEMENTSREGULATIONSCSC(18)614 Expiry: Indefinite

CSC(19)614 CSC(06)618 Expiry: IndefiniteType: BType: B

RESOLVED that:RESOLVED that:1. For the purposes of this resolution, a disbursement is

an amount(s) collected at destination, for the provision of 1. In scheduled and/or unscheduled operations, noservices incurred at origin incidental to the air carriage of dangerous goods shall be accepted and carried unless theythe consignment. Such services will be limited to prior trans- comply fully with the international standards and recom-portation, handling and documentation. mended practices of Annex 18 to the Convention on Interna-

tional Civil Aviation — “The Safe Transport of DangerousJ 2. The disbursement is collected by the last carrier and isGoods by Air” and its associated Technical Instructions asdue to the issuing carrier for payment to an agent or toreflected in the “IATA Dangerous Goods Regulations” asanother carrier where such amount(s) relate to servicesset forth in Attachment ‘A’ 1. In cases of extreme urgency,performed prior to air carriage from the point of departurewhen other forms of transport are inappropriate, or fullindicated on the air waybill or in the shipment record.compliance with the prescribed requirements is contrary3. Where applicable, charges for collection of to the public interest, the States concerned 2 may grantdisbursements shall be levied in accordance with exemptions from these requirements; provided that in suchResolutions 509 and 509e. cases every effort shall be made to achieve an overall level

J 4. Such disbursement amount(s) must be entered on the of safety in transport which is equivalent to the level of safetyair waybill or in the shipment record in accordance with provided by the applicable Regulations.Resolution 600a, Attachment ‘B’. These disbursementamount(s) and applicable charge shall be shown separately GOVERNMENT RESERVATIONSon the air waybill or in the shipment record in the following UNITED KINGDOMmanner:

1. In regard to Resolutions 618, 619, 745, 745a, 745b and 801,4.1 each separate disbursement amount shall be entered or any other Resolution dealing with the carriage of dangerousas due agent or due carrier in the “Other Charges” box in goods or weapons, fire arms and ammunition, as cargo or byaccordance with Resolution 600a; passengers, the legislation in the UK takes precedence over these

Resolutions. The UK legislation is contained in Air Navigation Order4.2 the disbursement charge levied in accordance withand the Air Navigation (Dangerous Goods) Regulations (April 1985).Resolution 509 and 509e shall be entered as an amount

due carrier in the “Other Charges” box in accordance withResolution 600a;

4.3 the total of the amounts in accordance with 4.1 and4.2 shall be entered in the “Total Other Collect ChargesDue Agent” or “Total Other Collect Charges Due Carrier”box;

4.4 no amendment of the disbursement amount(s) shallbe permitted except that if the shipper or his agent requestsan amendment in writing prior to the delivery of the consign-ment to the consignee or his agent, and following collectionof such amended amount from the consignee, the differenceresulting from the amendment may be settled at origin.

5. Where the disbursement amount and applicable chargecannot be collected from the consignee and have thereforebeen debited to the issuing carrier, these amounts shall berecharged to the shipper or agent, under the provisions ofResolution 801r when applicable.

1 Attachment ‘A’ has been promulgated by IATA as a separatedocument.

2The States concerned are the States of origin, transit, overflight anddestination of the consignment and the State(s) of the operator.* This Resolution is in the hands of all IATA Cargo Agents.

125


RESOLUTION 620* RECOMMENDED PRACTICE 1600tUSE OF BAR CODES AND BAR CODEIATA LIVE ANIMALS REGULATIONSEQUIPMENT IN CARGOCSC(18)620 Expiry: IndefiniteAPPLICATIONSType: BCSPC(21)1600t

RESOLVED that:RECOMMENDED that:1. The acceptance, packing and handling of live animals

for transportation by air shall be in accordance with the 1. Where Members wish to use bar codes on cargo trafficprinciples and provisions as specified in the IATA Live documents, labels and ancillary equipment, any of theAnimals Regulations, as set forth in Attachment ‘A’ 1. following three Uniform Symbol Specifications (USS) may

be used:2. Notwithstanding the foregoing, Members may acceptconsignments of live animals according to criteria different 1.1 Code 39, where the requirement is for discrete alpha-from, but of no less a standard than, those in Attachment numeric applications;‘A’, for the type of animals to be transported.

1.2 CODABAR, where the requirement is for discrete3. Nothing in this Resolution shall obligate any Member numeric applications; andto comply with these principles and provisions for the accept-

1.3 Code 128, where the requirement is for full ASCII char-ance and carriage of live animals in full aircraft loads.acter set or double density numeric applications.

4. Members shall inform the IATA Live Animals and2. The technical specifications of these three symbologiesPerishables Board of new species being carried in orderare those embodied in the Association of Identificationthat criteria can be established for the acceptance andManufacturers (AIM) and ISO Standards. These specifica-carriage of such species.tions are nominated Attachments ‘A’, ‘B’ and ‘C’ and areavailable from AIM.GOVERNMENT RESERVATIONS3. Where Members have bar codes preprinted on docu-CANADAments, labels, etc. the code shall comply with the dimen-

1. Such criteria, standards, charges, rates or conditions of sions and tolerances defined in the AIM/ISO Standardscarriage which may be specified in the IATA Live Animals Manual described above.shall not apply in respect of transportation to or from Canada unlessclearly provided for in the carrier’s tariff in effect and on file with 4. Where Members use dot matrix or other similar equip-the National Transportation Agency of Canada. (17.1.74) ment to print bar codes on labels, the equipment should be

set up to print as near as possible to the dimensions andtolerances defined in the AIM/ISO Standards describedabove.

1 Attachment ‘A’ has been promulgated by IATA as a separatedocument.


126

c Resolution 801c

3. PROCEDURESRESOLUTION 801c3.1 The Council meets at such times when called by the

IATA/FIATA CONSULTATIVE COUNCIL Chairman with the concurrence of the majority of theCouncil;CAC1(32)801c(except USA) (amended) Expiry: Indefinite

CAC2(32)801c (amended) 3.2 the Council shall elect its own Chairman;CAC3(32)801c (amended) Type: B 3.3 the quorum shall consist of at least 3 IATA Members

and 3 FIATA Members;1. AUTHORITY AND TERMS OF 3.4 the Chairman may invite observers to attend;REFERENCE

3.5 the Council determines its own working rules. TheSecretary is provided by the Agency Administrator from the1.1 The IATA/FIATA Consultative Council (the Council) isIATA Secretariat;hereby established and composed of representatives from

IATA Members and from the International Federation of 3.6 except as in Paragraph 4.2, as the Council’s acts areFreight Forwarders Associations Airfreight Institute (herein- in the form of recommendations, formal voting proceduresafter referred to as ‘FIATA’). It is a permanent body, meeting and counts are not necessary; however, dissenting opinionsunder the auspices of IATA; may be recorded and included in the report.1.2 the Council is empowered to initiate, consider and

4. CARGO AGENCY AGREEMENTmake recommendations to the appropriate Cargo Proced-ures Conference on issues affecting the Carrier/Agent rela- 4.1 The Council shall review all proposals made to thetionship. It may also provide general policy guidance to the Cargo Procedures Conferences to introduce new, or toJoint IATA/FIATA Cargo Agents Training Programmes. The amend existing, provisions of Resolutions contained in theCargo Procedures Conferences are under no obligation to Cargo Agent’s Handbook and may make recommendationsact in accordance with such recommendations. The Cargo to the Conference on those proposals;Procedures Conferences shall inform the Council of the

4.2 Notwithstanding Paragraph 3.6, subsequent to anyaction taken with reasons;Cargo Agency Conference significant changes to the Cargo

1.3 the IFCC shall review all proposals, including those Agency Programme, adopted by the Cargo Agency Confer-submitted by mail vote, made to the Cargo Agency Confer- ence including, but not limited to, financial criteria, settle-ence to introduce new, or to amend existing, provisions of ment terms and changes to CASS Rules which affect thethe Cargo Agency Rules; Agent, will be reviewed by the Council. If a majority of those

present at the Council meeting recommend that any such1.4 where the IFCC agrees that a proposal is worthy of changes not be implemented, the effectiveness of suchadoption, it shall recommend to the Conference that the changes shall be suspended and such proposal(s) shall beproposal be incorporated within the Cargo Agency Rules; subject to further discussion through the IFCC/Conferencemechanism;1.5 the Conference is under no obligation to act in accord-

ance with such recommendations and should the Confer-4.3 Notwithstanding Paragraph 3.6, subsequent to anyence disagree with the IFCC advice, further consultationCargo Services Conference significant changes to thewith the IFCC may be sought before final action is taken;Cargo Agency Programme, adopted by the Cargo

1.6 such final action of the Cargo Agency Conference may Services Conference which affect the Agent, will bebe taken by Mail Vote within 30 days of the Conference. reviewed by the Council. If a majority of those present

at the Council meeting recommend that any suchchanges not be implemented, the effectiveness of such2. COMPOSITIONchanges shall be suspended.

2.1 The council is composed of: Note: Paragraph 4.3 shall not come into effect unless anduntil adopted by the Cargo Services Conference.6 IATA Members (3 persons from the Cargo Agency

Conference and 3 persons from the Cargo ServicesConference), and 6 FIATA Members;

2.2 IATA Members shall be appointed by the appropriateCargo Procedures Conferences for a two-year term andshall be elected from persons of highest competence andexperience occupying positions dealing with mattersaffecting the Carrier/Agent relationship. Individuals sodesignated shall serve personally and shall not designatean alternate. If a designated individual or his companyadvises the Agency Administrator that he is unable to serveor continue to serve on the Council, the Director Generalshall appoint a substitute;

2.3 The 6 FIATA voting Members on the Council shall bedesignated by the Chairman of the Airfreight Institute ofFIATA.

127


6. GRACE PERIODRESOLUTION 801reJ from and including the first day after the remittance date, aREPORTING AND REMITTANCE grace period of 10 calendar days (15 days in the UK for

PROCEDURES (ECAA) CASS Imports) will be allowed for any intermediary to settleany outstanding amounts;CAC2(32)(within Europe) Expiry:Indefinite

Type: B7. IRREGULARITY

WHEREAS it is recognized that the European Air Cargo7.1 irregularities in an intermediary’s settlement shallProgramme (EACP), prescribed in Resolution 805zz,result in the CASS Manager sending a “Notice of Irregularity”provides a framework for airlines and intermediaries to work(NOI) to the intermediary in the form of a registered lettertogether to facilitate the free movement of cargo from andor E-mail. Any Intermediary sent a NOI will accrue a penaltythroughout the European Common Aviation Area (ECAA)point(s);and

7.2 if 4 penalty points in respect of any intermediary in aWHEREAS the EACP enables intermediaries to participatespecific country are accumulated and recorded by the CASSin the air Cargo Industry Credit Scheme (CICS) andManager during any 12 consecutive months, the CASS

WHEREAS it is recognized that the EACP uses the IATA Manager shall suspend such intermediary from CASS,Cargo Accounts Settlement System (CASS) to provide an pending a financial review;efficient and cost-effective mechanism for accounting and

7.3 for the purposes of recording irregularities, the follow-settlement between airlines and intermediaries, it ising penalty points system shall be applied during the grace

RESOLVED that the following procedures are adopted and period:shall be applied in conjunction with the EACP and the CICS

7.3.1(a) late payment — 1 pp,7.3.1(b) unauthorized short payment — 1 pp,

1. WHEN MONIES DEEMED DUE 7.3.1(c) dishonored cheque — 2 pp,7.3.1(d) rejected Direct Debit — 2 pp,monies payable at origin shall be deemed due by an Inter-7.3.1(e) rejected electronic transfer — 2 pp;mediary to an Airline when the Air Waybill is executed and

shall be settled in accordance with the provisions of thisResolution; provided that in the event the Intermediary is 8. CASS INTEGRITYdeclared bankrupt, placed in receivership or judicial admin-istration, goes into liquidation or becomes subject to any 8.1 if payment is refused or cannot be obtained underother similar legal procedure affecting its normal operation, 7.3.1(c), (d) or (e) above by the end of the grace period,immediate settlement in full shall be made of all such the CASS Manager shall suspend such intermediary frommonies; CASS, pending a financial review;

8.2 if following any review, the intermediary is re-instated2. SETTLEMENT PROCESS in CASS but subsequently receives two additional penalty

points during the next 12 month period in the same country,settlement shall be made through CASS;the CASS Manager shall suspend such intermediary fromCASS, pending a financial review;

3. BILLING PERIOD8.3 an intermediary will not be suspended from CASS if

intermediaries shall be billed by each EACP airline through it is identified that a dispute exists with an individual itemCASS within a reasonable time, but not later than the or individual airline. In these cases, the CASS Dispute20th day after the end of the calendar month in which the Procedures and Code of Conduct shall apply, and if still notAir Waybill or other transportation document was accepted resolved, then the disputed item/issue shall be removedby the airline (this shall be referred to as the billing period); from CASS and shall be dealt with bilaterally between the

parties concerned;

4. BILLING FREQUENCY9. FINANCIAL REVIEWthe billing frequency through CASS shall be twice each

month; 9.1 if the intermediary, having settled all outstandingamounts, if any, is able to demonstrate that it can meet thefinancial and credit standing requirements and conditions5. REMITTANCEset forth in the EACP, then the CASS suspension shall be

the intermediaries’ remittance shall be made once each lifted. The intermediary shall be cleared of all irregularitiesmonth so as to reach the CASS Office by its close of busi- recorded against it prior to the suspension;ness on a date which shall be the 30th day following the

9.2 before re-instatement in CASS, an intermediary inlast day of the Billing Period under settlement. This daysuspension must settle all outstanding amounts up to date,shall be referred to as ‘the remittance date’. If this day fallsincluding those pending air waybills which were beingon a weekend or a Bank Holiday, then the remittance date

shall be the first working day thereafter; processed at the time of suspension in CASS;

128

c Resolution 801re

10. STANDARD FORMS10.1 the paper billing /invoice layout from CASS shall bein the form of the Cargo Sales Invoice/Adjustmentprescribed in Attachment ‘A’ or Attachment ‘B’ hereto asappropriate;

10.2 electronic billings/invoices the headings and generalcolumn layout of Cargo Sales Invoice/Adjustment formsprepared in such manner shall be in conformity with theformat prescribed in Attachment ‘A’ or Attachment ‘B’ heretoas appropriate;

10.3 charges due to the intermediary, entered on an AirWaybill in accordance with Resolution 600a, to be collectedby an airline on behalf of an intermediary, shall be settledwith the intermediary by offsetting the charges due interme-diary against the other charges due on the Cargo SalesInvoice/Adjustment form on which that Air Waybill is billed;

11. CHANGESimplementation of any changes to this Resolution can onlycommence once endorsed by the European Cargo AgencyProgramme Joint Council;

12. ALTERNATIVE FINANCIALARRANGEMENTSnothing in these procedures shall preclude an airline andan intermediary from making alternative arrangements ona bilateral basis outside of CASS.

129


RESOLUTION 801reAttachment ‘A’

130

c Resolution 801re — Attachment ‘B’

RESOLUTION 801reAttachment ‘B’

131


RESOLUTION 801rr RESOLUTION 805eeDUAL NUMBERING OF RESOLUTIONSREPORTING AND REMITTANCE

PROCEDURES — TRANSITIONAL CAC2(28)805ee(Europe) Expiry: IndefiniteARRANGEMENTS FOR SETTLEMENT Type: BCAC1(32)801rr(except Expiry:31 December 2007 WHEREAS certain Resolutions of the Cargo AgencyUSA) (amending) Conference have been granted individual exemption fromCAC2(32)801rr (amending) the competition requirements of the Treaty of Rome, andCAC3(32)801rr (amending) Type: B

WHEREAS Cargo Agency Conference Resolutions adoptedJ RESOLVED that, the option of ‘reporting basis’ procedures, specifically for application in member states of the European

in a non-CASS environment, as set out in Section 1 and Union, bear a Resolution 805 series designatorSection 2 respectively of Resolution 801r, shall be abolished

NOW therefore it isby 31 December, 2007. Members who, in a non-CASS envir-RESOLVED that other Cargo Agency Conference Resolu-onment, currently require Agents to submit sales reports,tions adopted by the Conference under a different resolutionundertake to move at the earliest possible date to ‘billingnumber shall in addition to the number originally allocatedbasis’ procedures, as set out in Section 1 of Resolution 801r.by the Conference, bear a parallel number in the ResolutionHowever, Members who, in non-CASS countries, require805 series as shown below, which parallel numbers shallAgents to continue to submit Sales Reports after 31 Decem-appear under the relevant Resolution texts reproduced inber 1999, shall notify IATA accordingly. IATA shallthe Cargo Agent’s Handbook, Resolution 805 Edition.subsequently advise Agents, in those countries concerned,

of those Members who require this continuation. Current Reference EU ReferenceNotwithstanding the provisions of Resolution 801r, 801a 805aSection 2, Subparagraph 2.2, ‘Carrier Acceptance Rules’

801a(II) 805a(II)shall apply in all CASS operations implemented on or after801a(III) 805a(III)1 June 1996.801c 805c801r 805r801rr 805vv811d 805d819 805z821 805n823 805y831 805v833 805k833a 805kk851 805l851d 805p851dd 805pp851e 805e851f 805b851x 805x853 805m855 805bb871 805j881 805f883 805tt885 805t887 805q887a 805i887b 805s887c 805h889 805u893 805w895 805o

132

c Resolution 805zz

1.5 an Agent that does not elect to join EACP shall ceaseRESOLUTION 805zzto be an IATA Cargo Agent in the area covered by thisResolution, as of the implementation date of the EACP;EUROPEAN AIR CARGO PROGRAMME

RULES 1.6 freight forwarder who is not an IATA Cargo Agent andwho wishes to become an IATA Cargo Intermediary mayCAC2(32)805zz (amending) Expiry:Indefiniteapply to be so designated, in accordance with the proced-

Type: B ures and requirements set out in the EACP Handbook, asamended from time to time by the European Air CargoWHEREAS it is recognised that the relationship betweenProgramme Joint Council (’the Joint Council’), by executingAirlines, Agents and Forwarders within the cargo industrythe Cargo Intermediary Agreement.has significantly evolved since the creation of the original

IATA Cargo Agency Programme.

WHEREAS the cargo industry recognises the particular 2. EUROPEAN AIR CARGOchanging needs and circumstances evolving in the Euro- PROGRAMME — JOINT COUNCILpean Area, (comprising all member states of the European (‘THE JOINT COUNCIL’)Union other states which participate in the EuropeanCommon Aviation Area (ECAA) and any other European 2.1 Control of the EACP is assigned to the Joint Council,country so added to this programme by request to and and composed of:authorised by the Conference.

2.1(i) Cargo Agency Conference Accredited Representat-WHEREAS it is recognised that Forwarders and Agents ives or their appointed Alternate;(collectively “Intermediaries”) and Airlines work together to

2.1(ii) one representative designated by each associationprovide a seamless, on-demand choice of products andrecognised as a national forwarders association, in eachservices which enables shippers and producers to freelycountry covered by this Resolution (where appropriate) ormove cargo from and throughout such European Area.a combination of such recognised forwarders associations;

WHEREAS it is recognised the need to accommodate, (i) thetransactions of an Intermediary acting as the agent of the 2.1(iii) ex-officio, non-voting members, the IATA Head ofairline and (ii) those transactions flowing from an Intermedi- Cargo, the Chairman, FIATA-Airfreight Institute and theary acting in the capacity as an air freight forwarder, dealing Director General of CLECAT, or the designated representat-directly with the shipper. ive(s) of those members;WHEREAS it is recognised that, in the course of everyday 2.1(iv) in respect to (i) and (ii) above, a reasonable andbusiness, an Intermediary may routinely handle both types equitable balance of representation should be sought,of transactions in its relationship with Airlines. together with reasonable and practical European Area

geographic coverage;WHEREAS it is acknowledged, by Airlines and intermediar-ies alike, that an industry distribution system provides signi-

2.1(v) the Council shall nominate its own Chairman. Theficant efficiencies and valuable standards that benefit allposition of Chairman shall be non-voting. In the event theparticipants and their customers.Chairman is elected from voting members, an alternatevoting member shall be nominated to take the voting seat

1. IT IS RESOLVED THAT: vacated by the Chairman;1.1 The European Air Cargo Programme (EACP),

2.2 the Joint Council sets its rules and procedures;covering cargo intermediary accreditation, is hereby estab-provided that the quorum necessary to take action shall belished by the Cargo Agency Conference, to be implementednot less than five members of each of its two constituencies.wherever there is a CASS in the EU, EEA and Switzerland,The Chairman may authorise the presence of observers,directed jointly, as hereinafter provided, by representativeswhere he deems it advantageous to the expeditious dispatchof IATA Member airlines and representatives of air freightof business;forwarders and administered by IATA;2.3 the Joint Council actions are in the form of decisions1.2 the EACP seeks to secure the aims outlined in themade by a majority present of each of the twoPreamble;constituencies;

1.3 each IATA Member airline shall automatically becomea participant in the EACP, once implemented, unless any 2.4 the Joint Council shall normally hold meetings withMember officially notifies IATA to the contrary. Upon imple- members physically present, not less than twice annually;mentation of the EACP, the IATA Cargo Agency Programme provided that other meetings, including meetings conductedshall simultaneously be discontinued in the area of via telecommunications, shall be permissible;application;

2.5 IATA shall provide adequate Secretariat support for1.4 all IATA Cargo Agents in the area covered by this meetings of the Joint Council, and shall ensure that all agen-Resolution automatically qualify to join the EACP, and do das and reports are circulated to all Cargo Agency Confer-so by executing the EACP Cargo Intermediary Agreement ence Accredited Representatives;with IATA Member airlines. That Agreement is in the form

2.6 to facilitate its work, the Joint Council shall beset out in Attachment ‘A’ to this Resolution. Upon executionempowered to set up such temporary and permanentof the Agreement, the signatory entity will be designated an

IATA Cargo Intermediary; groups, as it deems appropriate.

133


3. JOINT COUNCIL 6. RULES AND PROCEDURESRESPONSIBILITIES The relationship between Members and IATA Cargo Inter-

mediaries is governed by the rules and procedures adoptedThe Joint Council shall be responsible for developing,by the Conference and published in the Attachments andmanaging and marketing of the EACP.Appendices to this Resolution.

3.1 The Joint Council shall determine objective criteria for*Note: Inclusion of Cargo Services Conference Resolu-the registration of Intermediaries in the European Area. Thistions in Para. 3.6 shall not come into effect unless andshall include, but not be limited to:until delegated authority is adopted by the Cargo ServicesConference.— financial standing

— standards of staff competence, experience and know-ledge of air cargo products— suitability of premises— suitability of cargo handling and processing equipment— products and services

3.2 The Joint Council shall publish the EACP Handbook,which shall contain the working procedures, rules and stand-ards for maintaining an integrated distribution system,applicable to all participants in the EACP.

3.3 The contents of the Handbook shall incorporate relev-ant Resolutions applicable to Intermediaries, supplementedby such other material, as the Joint Council considers neces-sary and desirable, in the light of industry developments.

3.4 The Joint Council is not authorised to change or ignoreResolutions.

3.5 The Joint Council may consider all other aspects ofthe EACP in the European Area and accordingly makeproposals to the Conference.

3.6* Changes to relevant Procedure Conference Resolu-tions shall require the support and consensus of the JointCouncil before being implemented in the region covered bythis programme.

3.7 The Joint Council shall determine the EACP particip-ant’s fees, in consultation with the Director General. TheEACP shall be self-funding and not-for-profit.

3.8 The Joint Council shall nominate an EACP Ombuds-man in accordance with the procedures contained withinthe Handbook, and the Ombudsman shall be appointed inaccordance with IATA’s procedures applicable for appoint-ment of the Cargo Agency Commissioner.

4. EUROPEAN AIR CARGOPROGRAMME DIRECTORY

4.1 The Joint Council shall compile, publish and keepcurrent, the European Air Cargo Programme Directory (’TheDirectory’), listing all participant IATA Air Freight Forwardersand Airlines, with all relevant and useful particulars of thoselisted, as decided by the Joint Council.

4.2 The Directory shall be used as a means of activelypromoting the interests of the participants listed in it and tothe shipping public at large.

5. IMPLEMENTATION OF THEEUROPEAN AIR CARGOPROGRAMME

5.1 The Joint Council shall be responsible for the imple-mentation of the EACP throughout the European Area.

134

c Resolution 805zz — Attachment ‘A’

carriers or intermediaries or with shippers directly and doesRESOLUTION 805zz not purport to impose exclusivity of dealings on the Parties.

WHEREBY IT IS AGREED AS FOLLOWS:Attachment ‘A’Definitions of Terms used in this AgreementCARGO INTERMEDIARY AGREEMENTAir Waybill: the document of carriage as defined in Resolu-RESOLVED that, the following form of Cargo Intermediarytion 823. For the purpose of this agreement, references toAgreement is adopted for use by participants in the Euro-Air Waybill shall also include electronic shipment record.pean Air Cargo Programme, with an implementation dateEuropean Air Cargo Programme (’EACP’): the Europeanto be announced by the Agency Administrator:air cargo distribution system managed by IATA in supportof the present Agreement.EUROPEAN AIR CARGO PROGRAMME —

FORM OF INTERMEDIARY AGREEMENT European Air Cargo Programme Directory (’the Direct-ory’) is the official list of all Intermediaries participating inAN AGREEMENT made this day ofthe EACP.20European Air Cargo Programme Joint Council (’JointBETWEEN each IATA Member airline (‘the Carrier’), repres-Council’) is the body composed of airline and airfreightented by the Director General of IATA (‘the Directorforwarder nominees, charged with the overall responsibilityGeneral’) acting for and on behalf of the Carrier,for running the EACP, pursuant to IATA CAC Resolution

AND (‘the Agent’ in Part I, 805zz.‘the Forwarder’ in Part II, and ‘the Intermediary’ in Part III

European Air Cargo Programme Operations Handbookof this Agreement), having its principal office(’the Handbook’): the manual published under the auspicesat with respect to theof the EACP by the Joint Council. It contains the rules,promotion of global logistic services, the sale of internationalregulations, IATA Conference Resolutions, instructions andair cargo transportation (‘airfreight’) and/or the handling andprocedures applicable to the Parties’ actions under thedelivery to the Carrier of cargo consignments.present Agreement and is revised and reissued as required.

WHEREAS:Agent: in the context of this agreement, an Intermediary

The commercial environment in which both cargo agents who acts on behalf of a Carrier in the conducting of Airand freight forwarders operate in Europe is one that requires Waybill transactions in accordance with Part I of thean agreement form reflecting an increased role for freight Agreement.forwarders;

Forwarder: in the context of this agreement, an Intermedi-the Parties recognise the need for an agreement that reflects ary which issues air waybills on a principal to principal basis,the characteristics of the European air cargo market; in accordance with Part 2 of this agreement, and which

reflects its EACP registered company name in both thethe Carrier and the Intermediary (sometimes jointly calledShipper and Agent boxes on the air waybill. Such designa-‘the Parties’) undertake to give a high priority to applyingtion within the EACP does not imply compliance withelectronic commerce in accordance with IATA standardsnational government licensing requirements.and procedures. Such electronic commerce will facilitate

the identification of consignments, and the tracking, tracing Intermediary: in the context of this Agreement, a genericand settlement requirements of the Parties and accelerate term for both Agent and/or Forwarder.the introduction of necessary procedures with other compet-ent entities to the benefit of the mutual customers; PART I. AGENCY RELATIONSHIPthe Director General has provided the Parties with a copy Purpose of this Part I of theof the EACP Handbook (herein after called ‘the Handbook’). AgreementIt contains the rules, regulations, IATA Conference Resolu-

The purpose of this Part I of the Agreement is to set outtions, instructions and procedures applicable to the Parties’the contractual terms, which are specific to the Carrier/Agentactions under the present Agreement. Amendments to therelationship. The provisions of this Agreement shall applyHandbook shall be provided to the Parties. The date ofto all Air Waybills completed by the Intermediary in its capa-effect of such amendments shall be determined by the Jointcity as agent for the Carrier (’Agent’).Council, but not earlier than 30 days after their despatch

from IATA. The amendments shall be deemed to be incorp-orated herein. The provisions of the Resolutions, and other 1. EXECUTIONmaterial as determined by the Joint Council, contained in 1.1 The terms of this Agreement, including any amend-the Handbook are binding upon the Parties and each current ments hereto, shall have the same force and effect on therelease of the Handbook shall be incorporated by reference relationship between the Carrier and the Agent, onceinto this Agreement and forms an integral part of this created, as though both were named herein and both hadAgreement; subscribed their names as Parties hereto;the Parties acknowledge that they have received a copy of 1.2 this Agreement shall become effective between thethe current edition of the Handbook and have acquainted Agent and a Carrier upon appointment of the Agent by suchthemselves with the contents thereof; Carrier in accordance with the provisions of the Handbook.

A Carrier may appoint the Agent by means of individualthis Agreement does not prevent either of the Parties fromusing other distribution channels or methods, either with appointment or by general concurrence.

135


2. AGENT’S AUTHORITY 1. SCOPE OF MUTUALREPRESENTATION2.1 The authority of the Agent to represent the Carrier and

its products and services under this Agreement shall be This Part II covers those airfreight transactions where thespecifically limited to that expressly granted herein; Parties contract with each other as between principals. In

such transactions, the Forwarder’s name appears in both2.2 subject to the provisions of this Agreement, the Agentthe Shipper box and the Agent box of the Air Waybill andshall represent the Carrier in the sale of airfreight, other thanthe Forwarder does not act as agent for the Carrier.mail, over the services of the Carrier and when authorised by

the Carrier, over the services of other air carriers with which2. FORWARDER’S AUTHORITYthe Carrier has an interline agreement;2.1 Subject to the provisions of this Agreement, the2.3 with respect to the Carrier’s aircraft or route by whichAirfreight Forwarder shall be entitled to tender goods to anyany consignment is to be transported and as to any serviceCarrier from whom it has received air waybills or air waybillto be furnished by the Carrier, the Agent shall make onlyserial numbers, provided the freight is documented andsuch representations as are authorised in this AgreementReady for Carriage, in accordance with the Handbook oror as may thereafter be authorised by the Carrier in writing;the Carrier’s specific instructions;

2.4 the Agent may represent itself on letterheads, advert-2.2 the Forwarder may represent itself as a Forwarder,ising, telephone listings and classifications, office signs, andCargo Forwarder, or IATA Cargo Forwarder authorised tootherwise as an ‘Agent’, ‘Cargo Agent’, or ‘IATA Cargouse the services of the Carrier, but shall not indicate orAgent’, representing the Carrier, but shall not use any otherimply in any way that its office is an office of the Carrier;designation which would indicate or imply in any way that2.3 the Forwarder may consolidate consignments onits office is an office of the Carrier.behalf of a number of different shippers and tender themto the carrier as one single consignment.3. OBLIGATIONS OF AGENT

TOWARDS THE CARRIERPART III. GENERAL PROVISIONS

The Agent shall make known and shall promote the servicesPurpose of this Part III of theof the Carrier in every way reasonably practicable, includingAgreementthe use of display, promotional or publicity material that the

Carrier may supply. The purpose of this Part III of the Agreement is to set outthe general provisions applicable to both Agent andForwarder as intermediaries (generally called “Intermedi-4. OBLIGATIONS OF CARRIERary”) as specified in Parts I and II of this Agreement.TOWARDS THE AGENT

The Carrier shall furnish the necessary information and 1. RULES, RESOLUTIONS ANDdocumentation to enable the Agent to fulfil its undertaking, PROVISIONS INCORPORATED INthat the completion of Carrier’s Air Waybills and handlingTHIS AGREEMENTof consignments performed under this Agreement by the

Agent, or by its officers or employees, shall be in strict 1.1 The terms and conditions governing the relationshipcompliance with the rates, rules and conditions applicable between the Parties, as set out herein, are to be understoodto such cargo transportation, as published in the Carrier’s in the context of the contents of the EACP Handbook, whichConditions of Carriage or in its tariffs, timetables, notices, are incorporated by reference into this Agreement and madeinstructions or elsewhere unless otherwise agreed in writing part hereof;between the Parties. 1.2 if not defined herein, the terms and expressions used in

this Agreement shall, unless the context otherwise requires,PART II. AIRFREIGHT FORWARDER have the meanings respectively provided in the Handbook.RELATIONSHIP In the event of any conflict, contradiction or inconsistency

between specific provisions of this Agreement and anyPurpose of this Part II of the provisions incorporated by reference, the specific provisionsAgreement and Effectiveness of this Agreement shall prevail;The purpose of this Part II of the Agreement is to set out 1.3 the Parties shall observe all laws and regulationsthe mutually-agreed framework of working relations applicable to acts performed by them under this Agreement.between the Carrier and the Forwarder, so they may providethe shipper with a complete and integrated service. A 2. SECURITY MEASUREScontractual relationship between the Forwarder and the

The Parties shall adhere to security control measures asCarrier is hereby created.prescribed by the responsible authority(ies), and shall

Furthermore, the provisions of this Agreement shall apply adhere to any other measures that may be required underto the Intermediary acting as Forwarder. Upon coming into the applicable IATA Resolutions.effect, this Agreement, including any amendments thereto,shall have the same force and effect between the Carrier 3. DANGEROUS GOODSand the Intermediary acting as Forwarder as though theywere both named herein and had both subscribed their The Intermediary shall not accept for delivery to a Carrier, or

tender to the Carrier a shipment consisting of or containing anames as parties hereto.

136


commodity classified as a Dangerous Goods (as defined in 5. OPERATIONAL PROCESSESthe current IATA Dangerous Goods Regulations), unless

5.1 the Carrier shall advise the Intermediary of the loca-the commodity is properly described by name and is packed,tions designated by it for general acceptance of airfreight;marked and labelled and is in proper condition for carriage

by air according to those Regulations, and is accompanied 5.2 the Intermediary undertakes that the completion ofby a Certificate in the IATA agreed form stating that the the Carrier’s Air Waybills and handling of consignmentscommodity is properly described by name and is packed, performed under this Agreement by the Intermediary or bymarked and labelled and is in proper condition for carriage its officers or employees, shall be in strict compliance withby air. The Certificate shall be signed by the person respons- the rates, rules and conditions applicable to such transporta-ible for packing, marking and labelling. In no circumstances tion, as published in the Carrier’s Conditions of Carriage orshall the Intermediary sign such declaration. in its tariffs, timetables, notices, instructions or elsewhere,

unless otherwise agreed in writing between the Parties;

5.3 the Intermediary shall not in any manner, vary or4. THE AIR WAYBILLmodify the terms and conditions set forth in any documents

4.1 The Carrier may supply Air Waybills or Air Waybill or instructions of the Carrier;serial numbers for neutral issuing systems to the

5.4 if the Intermediary accepts goods for carriage by airIntermediary;without the carrier(s) being specified, the Intermediary shall

4.2 where the Carrier authorises the Intermediary to be liable for loss of or damage to such goods until they haveexecute Air Waybills supplied by it in connection with the been delivered to the Carrier;sale of airfreight offered by any other air carrier, the Carrier

5.5 the Carrier shall, upon presentation of its Air Waybills,shall provide such authorisation to the Intermediary inproperly executed by the Intermediary, and upon surrenderwriting;of the Carrier’s copies of such Air Waybills, accept the

4.3 when issuing the Carrier’s Air Waybills, electronic ship- consignments therein described for transportation by thement records and related documents, the Intermediary Carrier. The Carrier undertakes to provide or arrange forundertakes that the information entered by the Intermediary transportation of such consignments to the destination, asis correct; indicated on the Air Waybill, in the most effective manner;

4.4 the Intermediary shall be responsible for the safe6. READY FOR CARRIAGEcustody and care of Air Waybills and Air Waybill serial

numbers supplied to the Intermediary for use in an electronic 6.1 The Intermediary shall ensure that consignments areenvironment, which the Intermediary may use for the sale delivered to the Carrier at any location designated by theof airfreight under this Agreement while they are in the Carrier for general acceptance of all consignments, properlyIntermediary’s possession, and shall be responsible to the packed, marked, documented, addressed and labelled, inCarrier for any damage, loss or expenses suffered by the accordance with the Carrier’s specific instructions and theCarrier as a result of the use or misuse of such Air Waybills applicable IATA Traffic Conference Resolutions, so as toor Air Waybill serial numbers by the Intermediary; be Ready for Carriage;4.5 the Intermediary acknowledges that Carrier’s Air 6.2 the Intermediary shall transmit to the Carrier suchWaybills and Air Waybill serial numbers supplied to the specific requests or in connection with each consignment,Intermediary for use in an electronic environment are and as may be proper to enable the Carrier to render efficientremain the sole property of the Carrier during the period service to its customers; provided that any such requeststhat they are in the custody of the Intermediary, and the or particulars transmitted by electronic means shall be inIntermediary acknowledges and agrees that it has no propri- conformity with industry standards and procedures as deter-etary right to such documents or Air Waybill serial numbers. mined and published by IATA;The Carrier may at any time at its sole discretion require

6.3 all shipments tendered by the Intermediary to thethat the Intermediary return such Air Waybills and Air WaybillCarrier, unless otherwise agreed, shall be tendered subjectserial numbers and the Intermediary agrees to surrenderto the Conditions of Carriage of the Carrier or Carriersthem forthwith to the Carrier, furthermore, the Carrier may,concerned applicable to such transportation and to theat any time at its sole discretion, require the Intermediarytariffs, rules, regulations and instructions governing the saleto cease and desist from issuing Neutral Air Waybills in theand use of such transportation in force at the time of tenderCarrier’s name;and presentment for carriage as published in the Carrier’s

4.6 the Intermediary shall not execute an Air Waybill until tariffs, timetables, notices and elsewhere, or as otherwisehaving received the complete consignment to be trans- agreed;ported under such Air Waybill;

6.4 the Intermediary shall request reservation of cargo4.7 the Intermediary shall not execute an Air Waybill space only as required by the applicable tariffs and othersupplied by the Carrier in connection with the sale of instructions provided from time to time by the Carrier. Ifairfreight offered by any other air carrier unless the Carrier so instructed by the Carrier, the Intermediary shall securehas so authorised the Intermediary in writing; confirmation from the Carrier that a definite reservation has

been made before preparing an Air Waybill for carriage over4.8 after acceptance of the consignment, the Carrier shallthe routes of the Carrier or of other air carriers;not in any manner vary or modify the terms and conditions

of the underlying Conditions of Contract in respect of the 6.5 the Intermediary shall conduct its activities in all of itsoffices only under the name as set forth in this Agreement,consignment.

137


as registered with IATA and as it appears in the Directory. the provisions in the Handbook, the Parties hereby submitto arbitration in accordance with such rules and agree toThe Intermediary shall abide by the terms, representations

and conditions in any application or undertaking made by observe the procedures therein provided and to abide byany arbitration award made thereunder.it to IATA for the purpose of causing IATA to list or publicly

endorse it. The Intermediary shall notify, in a timely manner,IATA on behalf of the Carrier of any change in material 11. CLAIMSinformation supplied in the application or undertaking;

11.1 The Carrier shall expeditiously process claims raised6.6 the Intermediary undertakes to maintain at all places by the Intermediary, in accordance with the Carriers Condi-where it makes airfreight Ready for Carriage the premises, tions of Carriage, National Law and the Warsaw Convention;staff and equipment required, as specified in the Handbook.

11.2 in order to protect any right of the Carrier to defendagainst any claim for damage, loss or delay of cargo:7. MONIES DUE BY THE11.2(a) since a claim received by the Intermediary, whenINTERMEDIARY TO THE CARRIER —acting as Agent, is deemed to be received by the CarrierREMITTANCE AND FINANCIALwhen received by the Agent, the Intermediary must immedi-CRITERIAately notify the Carrier in writing of such claim, or as soon

7.1 The Intermediary shall be obliged to pay to the Carrier as reasonably practicable, in accordance with the timef-monies due to the Carrier, whether or not the Intermediary rames as may be published in the Carrier’s Conditions ofhas been paid such monies; Carriage or its Tariffs;7.2 the Carrier may, subject to applicable currency regula- 11.2(b) the Intermediary, when acting as Forwarder, shalltions, designate the currencies in which remittances are to immediately notify the Carrier in writing of such claim. Forbe made; claims received by the Intermediary when acting as

Forwarder, within the timeframes detailed below:7.3 the Intermediary shall remit to the Carrier such monies,in accordance with the provisions in the Handbook. Unless 11.2(b)(i) for visible damage or other damage to goods,otherwise instructed in writing by the Carrier, the Intermedi- fourteen (14) days from receipt of the goods by the personary shall be entitled to deduct from remittances the applic- entitled to receipt;able commission/remuneration to which it is entitled

11.2(b)(ii) for delay of goods, within twenty-one (21) dayshereunder;from the date of goods are placed at the disposal of the

7.4 where the Carrier and Intermediary have elected to person entitled to receipt;participate in a CASS, both Parties shall adhere to the applic-

11.2(b)(iii) for non-delivery of goods, within one hundredable CASS settlement conditions and procedures;and twenty (120) days from the date of the issue of the air

7.5 the Parties shall refrain from providing CASS data that waybill;is proprietary information of the other Party to any Person

the Carrier will accept notice from the Forwarder withinnot participating in that CASS, without prior authorisationseventy-two (72) hours following these timeframes, and willfrom the Director General. Where it is authorised that databe deemed to have received such claim within the above-may be made available to third parties, but only in such amentioned timeframes;manner that data specific to the Intermediary and/or the

Carrier cannot be identified, unless the Parties agree to 11.3 where the Carrier has appointed a subcontractor tosuch identification. perform one or more of the Carrier’s obligations hereunder,

it shall be fully liable for all actions taken by such subcon-8. COMMISSION/REMUNERATION tractor on behalf of the Carrier and the Carrier hereby agrees

that the subcontractor’s place of business is the place ofCommission and/or Remuneration for business conductedjurisdiction in respect of any claims by the Intermediaryunder Part I and Part II of this Agreement, is a matteragainst the Carrier.arranged bilaterally between the Parties.

12. GENERAL INDEMNITIES AND9. INSURANCEWAIVER9.1 The Carrier shall maintain adequate insurance12.1 The Intermediary recognises that the Carrier, andarrangements, where available, to cover its legal liabilitiesIATA, are required under the European Air Cargounder this Agreement;Programme to issue notices, give directions, and take other9.2 the Intermediary shall maintain adequate insurance,action under the Programme, including in the circumstanceswhere available, to cover its legal liability under thistherein provided, giving notices of irregularity and default,Agreement.notices of alleged violations, and notices of grounds forremoving an Intermediary from the Directory or for reprim-10. DISPUTES AND ARBITRATION anding an Intermediary. The Intermediary hereby waivesany and all claims and causes of action against the CarrierAny dispute arising between the Intermediary and the

Carrier involving the interpretation of this Agreement or and IATA, and against any of their officers and employeesfor any loss, injury or damage (including damages for libel,mutual performance thereunder by the Parties may be

referred to binding arbitration for resolution, in accordance slander, or defamation of character) arising from any actdone or omitted in good faith in connection with the perform-with the arbitration procedures referred to in the Handbook.

If any matter is to be reviewed by arbitration pursuant to ance of any of their duties or functions under the European

138


Air Cargo Programme and indemnifies them against any 17. TERMINATIONsuch claims by the Intermediary’s officers or employees; 17.1 This Agreement may be terminated without prejudice12.2 the Carrier agrees to indemnify and hold harmless to fulfilment by the Parties of all obligations accrued priorthe Intermediary, when acting as Agent, its officers and to the date of termination;employees from liability for any injury, loss or damage aris- 17.1.1 at any time by not less than 15 days notice in writinging in the course of transportation or other ancillary services by either of the Parties to the other;provided by the Carrier pursuant to a sale made by the

17.1.2 immediately, in the event the Intermediary isIntermediary hereunder or arising from the failure of theremoved from the Directory in accordance with the provi-Carrier to provide such transportation or services, exceptsions in the Handbook;to the extent that such injury, loss or damage is caused or

contributed to by the Intermediary, its officers or employees;18. ACTION TO BE TAKEN12.3 the Intermediary when acting as Agent, agrees toCONSEQUENT TERMINATIONindemnify and hold harmless the Carrier, its officers and

employees from liability for any loss, injury, or damage aris- Upon termination of the Agreement, the Intermediary shalling from any negligent act or omission, or wilful misconduct immediately return all unused Air Waybills held and ceaseof the Intermediary, its officers or employees, in performing using all Air Waybill serial numbers assigned, and effector in breach of this Agreement, except to the extent that immediate settlement of all monies due and payable undersuch injury, loss or damage is caused or contributed to by the terms of this Agreement, substantiated by complete andthe Carrier, its officers or employees. satisfactory accounting therefor. The Intermediary shall be

liable for any loss or damage suffered by the Carrier arisingout of the loss or misuse by the Intermediary of such Air13. PROGRAMME FEESWaybills, or the misuse by the Intermediary of any AirThe Parties shall pay to IATA, programme fees in the Waybill serial numbers supplied to the Intermediary for useamount and within the time prescribed by the Joint Council, in an electronic environment, which were in the possessionin accordance with the European Air Cargo Programme. of the Intermediary at the termination of the Agreement andwere not duly surrendered.

14. TRANSFER, ASSIGNMENT,CHANGE OF LEGAL STATUS, 19. SEVERABILITYOWNERSHIP, NAME OR ADDRESS

If any provision of this Agreement is held to be illegal or14.1 This Agreement, and the right to any remuneration invalid, this shall not have the effect of invalidating the otherpayable hereunder shall not be assigned or otherwise trans- provisions, which shall accordingly remain binding andferred, in whole or in part, by the Intermediary to any other effective between the Parties.Person;

20. OTHER AGREEMENTS14.2 in the event that the Intermediary proposes to effectany change(s) in its legal status, ownership, name and/or SUPERSEDEDaddress (within the meaning of these expressions as used This Agreement shall supersede any and all prior similarin the Handbook), the Intermediary undertakes to comply agreements between the Parties, without prejudice to suchwith the procedures as set forth in the Handbook. rights and liability as may exist at the date hereof.

15. NOTICES 21. DURATION15.1 All notices to be sent under this Agreement from the This Agreement shall be of indefinite duration and may beCarrier or from the Director General to the Intermediary or terminated in accordance with the relevant provisions setfrom the Intermediary to the Carrier, or to the Director out herein.General, shall be sufficient if sent by any means thatprovides proof of despatch or receipt, addressed, as appro- SIGNED BYpriate to;

Director General of the International Air Transport15.1.1 the Chief Executive Officer at the principal office of Association, acting as agent for the Carriers referredthe Intermediary; to in the preamble hereto.15.1.2 the Accredited Representative at the head office Byof the Carrier; (Authorised Representative)15.1.3 the Director General at the address shown in thisAgreement, which address may be changed by notice given (Signature)in writing to the Intermediary by the Director General.

(Name, typed or printed)16. APPLICABLE LAWThis Agreement shall in all respects be governed by and SIGNED BYinterpreted in accordance with the law of the [country to be

The Authorised Person on behalf of the Intermediaryinserted] (“the Specified Country”). In the event of conflictName & Addressbetween the contents of any provision of this Agreement

and such law, the law of the Specified Country shall prevail. By

139


(Authorised Representative)RESOLUTION 805zz

(Signature) Attachment ‘B’Contents

(Name, typed or printed)SECTION 1 — CRITERIA FOR REGISTRATION ANDRETENTION

(Capacity)SECTION 2 — PROCEDURES

WITNESS SECTION 3 — CONDITIONS FOR PAYMENT OFCOMMISSION

(Signature) SECTION 4 — MEASURES AFFECTING AN INTERMEDI-ARY’S STANDING

(Name, typed or printed) SECTION 5 — CHANGE OF OWNERSHIP, LEGALSTATUS, NAME OR ADDRESSNote: When in accordance with local law, execution of

this Agreement requires the signatures of the parties to be SECTION 6 — REVIEW BY ARBITRATIONwitnessed, or notarised, such formalities must be accomp-

SECTION 7 — INTERMEDIARY FEESlished. The space below may be used for that purpose.APPENDIX 1 — NOTICE OF CHANGE

APPENDIX 2 — APPLICATION FORM

140

c Resolution 805zz — Attachment ‘B’ — Section 1

fulfils the conditions of this Subparagraph, shall be groundsSection 1 — Criteria for Registrationfor the Agency Administrator to remove the Intermediaryand Retention from the Directory;

Any Person in possession of the appropriate officiallicenses, where required, may become an IATA Cargo Inter- 1.2 FINANCIAL REQUIREMENTSmediary in the country where such Person conducts busi-ness by making an application to the Agency Administrator 1.2.1 Financial Standingin the form prescribed at Appendix 2 to this Resolution

Applicants shall submit financial statements which shalland by meeting the requirements and criteria set forth inconsist of a current certified Profit and Loss Statement andEuropean Air Cargo Programme Handbook. Such require-Balance Sheet, independently produced and prepared inments and criteria must continue to be met to ensure reten-accordance with local accounting practices.tion as an IATA Cargo Intermediary (in which event, the term

‘applicant’ where used in this Section shall be understood All IATA Cargo Intermediaries participating in the Europeanto include an IATA Cargo Intermediary). When there are Air Cargo Programme will participate in the Cargo Industryreasons to believe that an IATA Cargo Intermediary does Credit Scheme (CICS) and will be assigned an industrynot continue to meet such requirements and criteria, the credit limit in accordance with the rules and proceduresAgency Administrator shall on his own initiative, or may, at published in the Handbook.the request of any Member, initiate a review of the Intermedi-

Applicants should indicate the level of credit required inary by the EACP Ombudsman.each CASS in which it proposes to participate.

When the financial position of an Intermediary and/or its1.1 MINIMUM STAFFlevel of credit is subject to review by the Agency Adminis-REQUIREMENTS WHERE AIR CARGOtrator, the Intermediary may be required to:IS MADE READY FOR CARRIAGE1. Furnish documents specified in the Handbook, deemedthe applicant shall employ full-time persons competent and

necessary to conduct such reviewqualified to provide the services and handling functionsdescribed in the European Air Cargo Programme Handbook 2. Renew by the expiry date any bank guarantee or bondso that a minimum of one person is present at all places

3. Adjust the level of any bank guarantee or bondwhere air cargo is made ready for carriage whenever suchplaces are open for business. The applicant must supply 4. Settle within three days of receipt of the CASS billing,evidence that a minimum of two persons meet the Danger- any amount in excess of the guarantee level or estab-ous Goods and General Cargo training requirements and lished credit limitthat such persons:

Failure to comply with the above and/or with the financial1.1.1 hold the IATA/FIATA Introductory Course Diplomarequirements contained within the Handbook shall consti-or have completed an equivalent course offered by an IATAtute grounds for the Agency Administrator to place the Inter-Member, or any other course acceptable to the Councilmediary on a Cash Basis and to initiate a review of theoffered by an airline, commercial organisation, or trainingIntermediary by the Ombudsman.institute;

1.1.2 at the time of application and at all times subsequent1.3 PROMOTION, SELLING AND/ORto registration, two persons hold a valid certificate, issuedHANDLINGwithin the previous two years, or within such other period

as may be specified by the competent local authority, the applicant must meet the requirements published in theattesting to the bearer‘s having followed a recognized train- Handbook regarding office location and liability insurance.ing course in Dangerous Goods Handling and passed awritten examination based on that course;

1.4 PROCESSING OFfor the purpose of this Resolution, a recognized training CONSIGNMENTScourse means:

the applicant must have premises, staff and equipment1.1.2(a)(i) the IATA/FIATA Dangerous Goods Course, meeting the criteria established by the Council and1.1.2(a)(ii) a Member‘s course of formal instruction in published in the Handbook, for the performance of theDangerous Goods Handling, operational functions.

1.1.2(a)(iii) a course of formal instruction offered by atraining establishment, which has been appraised and 1.5 LICENSE TO TRADE ANDendorsed by the IATA Dangerous Goods Board; OTHER NATIONAL LEGAL

REQUIREMENTS1.1.2(b) provided, that all the above training courses shall,where required in the country of registration of the applicant, where officially required, the applicant must be in posses-also be approved in advance by the governmental agency sion of a valid license to trade and meet any other nationalresponsible for regulating Dangerous Goods matters in that legal requirements in the country of operation. Suspensioncountry; or withdrawal of this license shall constitute grounds for the

Agency Administrator to place the Intermediary on Cash1.1.2(c) failure to renew the certificate of DangerousGoods course of training by a date specified by the Agency Basis and to initiate a review of the Intermediary by the

Ombudsman.Administrator, with the result that the Intermediary no longer

141


1.6 NAME Section 2 — Proceduresrestrictions on an applicant‘s business name, if any, will be Upon request, the Agency Administrator shall supply eachcontained in the Handbook. However, the applicant must prospective applicant with an application form and a copynot have a name which is the same as, or misleadingly of the European Air Cargo Programme Handbook (at asimilar to that of an IATA Member or IATA, nor should its nominal charge) containing these Rules and other relevantplace of business be identified as an office of an airline. information and guidance.

1.7 ETHICAL BUSINESS PRACTICES 2.1 APPLICATION FORthe applicant, its managerial staff or its principal stock- REGISTRATIONholders (or persons for whom they act as nominees), an applicant which wishes to be included in the Europeandirectors or officers or managers shall not have been found Air Cargo Programme Directory shall apply to the Agencyguilty of willful violations of fiduciary obligations incurred in Administrator who is empowered to register the applicantthe course of business, nor be undischarged bankrupts. or to reject the application in accordance with the registrationFurther requirements, if introduced by the European Joint criteria agreed by the Joint Council and published in theCouncil, will be published in the Handbook. Handbook.

1.8 PRIOR DEFAULT 2.2 FORM OF APPLICATION —restrictions regarding an applicant who has previously been PROCESSINGor is currently associated with a defaulting Agent, Associate

2.2.1 the applicant must complete the application formor Intermediary will be published in the Handbook.prescribed. The submitted application shall be accompanied

However, no person shall be registered or retained as an by such financial and other documents together with appro-Intermediary if anyone who is a Director or who holds a priate fees as set forth in the Handbook:financial interest or a position of general management in

2.2.2 upon receipt, the Agency Administrator shallthe applicant, is also holding or has held similar positionspromptly consider whether such application isin an Intermediary which:complete. If any of the required information or fees have not

1. currently under notice of default and has outstanding been included with the application the Agency Administratordebts still owing to Members or its debts have been shall so inform the applicant;met solely or in part by recourse to a financial bond or

2.2.3 if the Agency Administrator finds the applicationguarantee, orcomplete, he shall notify Members and publish details of

2. has been removed from the Agency List and has the Intermediary;outstanding debts still owing to Members, or its debts

2.2.4 the Agency Administrator shall arrange for at leasthave been met solely or in part by recourse to a financialone independent inspection report to assist him in determin-bond or guarantee,ing whether the applicant meets the qualifications necessary

3. provided that the applicant may nevertheless be to become an IATA Cargo Intermediary;approved if the Agency Administrator is satisfied that

2.2.5 the Agency Administrator shall consider eachsuch person did not participate in the acts or omissionsapplication and supporting information and any otherthat caused such removal or default or if he is satisfiedinformation brought to his attention and decide if the applic-that the applicant can be relief upon to comply with theant meets the qualifications to become an IATA Cargoterms of the Cargo Intermediary Agreement, these RulesIntermediary;and other Resolutions of the Conference.2.2.6 the applicant shall be notified promptly in writing ofthe Agency Administrator‘s approval, and in the event ofrejection, shall be given clear reasons why the applicationfailed;

2.2.7 a rejected applicant may request reconsideration ofthe decision by the Agency Administrator or may invoke theprocedures for review of the Agency Administrator‘s actionby the Ombudsman;

2.3 ACTION FOLLOWINGREGISTRATION OF APPLICANT2.3.1 if the Agency Administrator determines that theapplicant has shown that it meets the qualifications, he shallenter it in the European Air Cargo Programme Directory;

2.3.2 the Director General, acting on behalf of Membersdesiring to appoint an Intermediary shall execute a CargoIntermediary Agreement with each Person registered as anIntermediary in accordance with these Rules. The AgencyAdministrator shall promptly notify all Airlines of the names

142


of parties executing Cargo Intermediary Agreements and 2.7 REVIEW OF MEMBER‘Sthe dates of such Agreements; INDIVIDUAL DECISION

2.7.1 notwithstanding the provisions of Paragraphs 2.4,2.3.3 the Agency Administrator shall maintain, publish andcirculate from time to time, a European Air Cargo 2.5 and 2.6 of this Section, an Intermediary which considers

itself aggrieved by the decision of a Member:Programme Directory of all Persons with whom the DirectorGeneral has entered into a Cargo Intermediary Agreement 2.7.1.1 to refuse to appoint such Intermediary, orin accordance with Subparagraph 2.3.2 of this Paragraph.

2.7.1.2 to withdraw its appointment of such Intermediary,The contents and information contained within the Directoryorwill be determined by the European Air Cargo Programme

Joint Council. 2.7.1.3 to refuse to:

2.7.1.3(a) supply the Intermediary with stock of its AirWaybills, or2.4 APPOINTMENT OF

INTERMEDIARY 2.7.1.3(b) authorise the Intermediary to issue Neutral AirWaybills on its behalf, or2.4.1 Manner of Appointment2.7.1.4 to withdraw:

a Member may appoint an Intermediary, which is in the2.7.1.4(a) its Air Waybill stock from the Intermediary, orEuropean Air Cargo Programme Directory in the following

manner: 2.7.1.4(b) its authorisation to the Intermediary to issueNeutral Air Waybills on its behalf.2.4.1.1 by depositing with the Agency Administrator a

statement of general concurrence for the appointment of all 2.7.2 with the result that such Intermediary‘s commercialinterests are adversely affected to the point of placing itsIntermediaries. The Agency Administrator shall from time

to time publish in the European Air Cargo Programme Hand- business in jeopardy, shall have the right to obtain suchMember‘s criteria for appointing Intermediaries or reasonsbook, a list of Members having deposited such a statement

of general concurrence; for refusal or withdrawal. If the Intermediary believes suchjustification is unreasonable then the Intermediary shall, in

2.4.1.2 alternatively, a Member may inform such Interme- the first instance, seek clarification and satisfaction from thediary, in writing with copy to the Agency Administrator, that Member. If the issue is not thereby resolved, the Intermedi-such Member specifically concurs in its appointment as an ary shall have the right to have the Member‘s decisionIntermediary; reviewed by the Ombudsman; provided that when the

Member‘s decision to withdraw its appointment, stock of AirWaybills or authorization to issue Neutral Air Waybills from2.4.2 Effective Datethe Intermediary was made in application of the collective

such appointment(s) shall be effective as follows: provisions of these Rules, the Intermediary‘s right for reviewshall not be exercised against the Member individually but2.4.2.1 as to those Members who have deposited a state-as set forth in the particular provisions concerned and inment of general concurrence, immediately upon inclusionResolution 805e (the Handbook).of the Intermediary in the European Air Cargo Programme

Directory, or as from the date the statement is deposited if2.8 CAPACITY AND INDEMNITYsuch date is subsequent to that of the Intermediary‘s inclu-

sion in the European Air Cargo Programme Directory, J the Director General, the Agency Administrator and theCASS Management, in performing any action pursuant to

2.4.2.2 as to any other Member, as of the date stated as these Rules, to Resolutions 851, 853 and their Attachments,the effective date in such Member‘s specific concurrence, and to any other applicable Resolutions, act not as principalswhich shall not be earlier than the date when the Intermedi- but as agents for the Members concerned. Membersary was included in the European Air Cargo Programme appointing Intermediaries undertake to indemnify IATA, itsDirectory. officers, employees and other appointees against any liabil-

ity (including liability for legal costs) for any action taken oromitted in good faith in the performance of their functions2.5 TERMINATION OF INDIVIDUALunder these Rules (other than functions performed pursuantAPPOINTMENTto Section 2 of Resolution 801re). Members participating in

any Member having appointed an Intermediary may cancel a Cargo Accounts Settlement System (CASS-Export) or insuch appointment by so notifying the Intermediary in writing a Cargo Accounts Settlement System — Charges Collect-with copy to the Agency Administrator. able at Destination (CASS-Import) undertake to indemnify

IATA, its officers, employees and other appointees againstliability (including liability for legal costs) for any action taken2.6 DELIVERY OF AIR WAYBILLS or omitted in good faith in the performance of their functions

BY MEMBERS with respect to such system under Resolutions 851, 853and their Attachments, and under Section 2 ofthe provision of Air Waybills shall be at the option of theResolution 801re, as applicable.Member. The Member may, also at its option, authorise the

Intermediary to issue on the Member‘s behalf, Neutral AirWaybills in conformity with the provisions of Resolution600a.

143


Section 4 — Measures Affecting anSection 3 — Conditions for Paymentof Commission Intermediary‘s Standing

4.1 WITHDRAWAL BY3.1 AUTHORISATION ANDCALCULATION OF COMMISSION INTERMEDIARY

4.1.1 an Intermediary may voluntarily relinquish its regis-Remuneration for the sale and handling of international aircargo transportation shall be agreed bilaterally between the tered status at any time by giving advance notice in writing

to the Agency Administrator who shall notify all Airlines. Theparties.notice will state an effective date of withdrawal, withoutprejudice to fulfillment by the Intermediary and each of theMembers having the Intermediary under appointment, of allobligations accrued up to the date of withdrawal from theEuropean Air Cargo Programme Directory;

4.1.2 in the event an Intermediary voluntarily relinquishesany Member‘s appointment it shall so notify the Member inwriting.

4.2 REMOVAL BY AGENCYADMINISTRATORthe Agency Administrator may, in accordance with the provi-sions of these Rules, remove for cause an Intermediaryfrom the European Air Cargo Programme Directory by givingnotice in writing to the Intermediary to take effect in accord-ance with these Rules. Such removal shall be without preju-dice to fulfillment by the Intermediary and each of theMembers having the Intermediary under appointment of allobligations accrued up to the date of removal from the Euro-pean Air Cargo Programme Directory.

4.3 NOTICE OF SUSPENSION BYAGENCY ADMINISTRATORwhen an Intermediary is suspended for cause under theprovisions of these Rules, the Agency Administrator shallgive notice thereof in writing to the Intermediary. Thesuspension will take effect from the time specified in thewritten notice.

4.4 EFFECT OF REMOVAL ORSUSPENSION OR REPRIMAND

4.4.1 Removalwhen the Agency Administrator has served notice that anIntermediary is to be removed from the European Air CargoProgramme Directory:

4.4.1.1 the Agency Administrator shall by notice to theIntermediary terminate the Intermediary‘s Cargo Intermedi-ary Agreement and so notify Airlines,

4.4.1.2 where applicable, the CASS Management shallwithdraw any authorisation given to the Intermediary to issueNeutral Air Waybills and require an immediate accountingand settlement of monies due,

4.4.1.3 Members not participating in the Cargo AccountsSettlement Systems shall revoke any authority for the Inter-mediary to execute Air Waybills on behalf of such Membersand require an immediate accounting and settlement ofmonies due;

4.4.2 Suspensionwhen notice has been served by the Agency Administratorthat an Intermediary is to be suspended:

144


4.4.2.1 the Agency Administrator shall so notify Airlines, Section 5 — Change of Ownership,4.4.2.2 where applicable, the CASS Management shall, Legal Status, Name or Addressfor the period of suspension, withdraw any authorisation

5.1 NOTIFICATION OF CHANGESgiven to the Intermediary to issue Neutral Air Waybills,

4.4.2.3 Members not participating in the Cargo Accounts notification with respect to changes of ownership, legalSettlement Systems shall, for the period of suspension, status, name or address of the Intermediary shall be givenrevoke any authority for the Intermediary to execute Air to the Agency Administrator prior to the change, andWaybills on behalf of such Members, processed in accordance with the provisions of this Section;

provided that when an Intermediary undergoes a change of4.4.2.4 during the period of suspension the Intermediaryownership or status which also includes a change of namemay continue to do business with Members on a non-or address, all changes shall be notified by the Intermediarycommissionable Cash Basis,in a single notice of change and actioned by the Agency

4.4.2.5 in all other respects the provisions of these Rules Administrator as one application.and of other applicable Resolutions continue to apply to theIntermediary during the period of suspension;

5.2 PROCESSING OF CHANGES4.4.3 Reprimand 5.2.1/5.2.1.1 the following changes of ownership shall

require the execution of a new Cargo Intermediary Agree-when a reprimand is issued to an Intermediary under anyof the provisions of these Rules, the Agency Administrator ment, and shall be processed in accordance with Paragraph

5.3 of this Section:shall record it against the Intermediary and notify the Inter-mediary that this has been done.

5.2.1.1(a) in the case of a sole owner, partnership or otherunincorporated firm:4.5 LICENSE TO TRADE5.2.1.1(a)(i) the transfer of an interest in the Intermediaryin addition to actions affecting an Intermediary‘s IATA stand-which has the effect of transferring control of the Intermedi-ing which may be taken pursuant to these Rules, the applica-ary to a Person in whom it was not previously vested,tion of the Cargo Intermediary Agreement to an Intermediary

and the capacity of such Intermediary to do business with 5.2.1.1(a)(ii) the admission or withdrawal of a partner,Members may be affected by termination, suspension or

5.2.1.1(b) in the case of a corporation, the disposal of theother condition relating to the Intermediary‘s license to tradeIntermediary‘s business and its acquisition by a Person who(where this is officially required) imposed by the governmentis not an Intermediary;authorities of the place where the Intermediary is situated.

In such case, the Agency Administrator shall promptly notify 5.2.1.2 the following changes of ownership in a corpora-all Airlines, with copy to the Intermediary, of the effects of tion shall not require the execution of a new Cargo Intermedi-such government action. ary Agreement, and shall be processed in accordance withParagraph 5.4 of this Section:

5.2.1.2(a) a reduction of capital,

5.2.1.2(b) the disposal or acquisition by any Person ofstock representing 30% or more of the total issued sharecapital of the Intermediary,

5.2.1.2(c) any other transfer of stock that has the effectof vesting the control of the Intermediary in a Person inwhom it was not previously vested, whether by means of asingle transaction or as the result of a series of transactions,over a period of not more than three years.

5.2.2 the following changes of ownership and legal statusshall require the execution of a new Cargo IntermediaryAgreement, and shall be processed in accordance withParagraph 5.3 of this Section:

5.2.2.1 in the case of a sole ownership, partnership orother unincorporated firm, the incorporation of theIntermediary;

5.2.2.2 in the case of a corporation:

5.2.2.2(a) the transformation of the Intermediary into apartnership or other unincorporated firm,

5.2.2.2(b) any change which reduces the liability of anyPerson who was previously liable, directly or indirectly, forthe debts of the corporation.

145


5.2.3 the following other changes shall be processed in also provide a current financial statement. On receipt of thenotice, the Agency Administrator shall:accordance with the appropriate Paragraph of this Section

as indicated: 5.4.1(a)(i) bill the Intermediary for a change of ownership5.2.3.1 death of sole owner or of a member of a partnership fee as provided in Subparagraph 7.1.1(a)(iv) of Section 7or other unincorporated firm — Paragraph 5.9; of these Rules, and

5.2.3.2 death of stockholder — Paragraph 5.10; 5.4.1(a)(ii) publish promptly to Members in a monthly list-ing that such a notice has been received;5.2.3.3 change of name — Paragraph 5.11;5.4.1(b) any Member may within 30 days of publication of5.2.3.4 change of address — Paragraph 5.12.such information, file evidence with the Agency Adminis-trator indicating the grounds why, in that Member‘s opinion,5.3 CHANGES REQUIRING NEWthe Intermediary does not meet the qualifications to remainAGREEMENTan Intermediary. The Agency Administrator shall inform the

when an Intermediary proposes to effect a change of owner- Intermediary that such protest has been made and inviteship and/or legal status as described in Subparagraph response;5.2.1.1 or Paragraph 5.2.2 of this Section:

5.4.2 on receipt of a notice of change in time to enable5.3.1 the Intermediary (‘the transferor‘) and the proposed the Agency Administrator to process the change, the Agencynew owner (‘the transferee‘) shall jointly give the Agency Administrator shall give provisional approval of the changeAdministrator notice of the proposed change in the form as unless the notice reveals or the Agency Administrator hasprescribed by Appendix 1 to these Rules at least 30 days reason to believe that the Intermediary should not bebefore the change is to be effected. At the same time the retained because it does not meet one or more of thetransferee shall submit an application for approval and inclu- requirements of Section 1, of these Rules. Neverthelesssion in the European Air Cargo Programme Directory in if prior to final decision on the change the Intermediaryaccordance with Section 2 of these Rules and the applica- eliminates the grounds for disapproval to the satisfaction oftion shall be considered and dealt with in accordance with the Agency Administrator, the Agency Administrator shallthe provisions of that Section; give provisional approval of the change;5.3.2 on receipt of a notice of change and a duly completed 5.4.3 the provisional approval of the change shall takeapplication in time to enable the Agency Administrator to effect from the date when the change takes place and theprocess the application, the Agency Administrator shall Agency Administrator shall notify all Members accordingly.execute a provisional Cargo Intermediary Agreement withthe transferee unless the application reveals or the Agency 5.5 LACK OF PROVISIONALAdministrator has reason to believe that the application

AGREEMENT OR APPROVALshould be disapproved because the transferee does notmeet one or more of the requirements of Section 1 of these when pursuant to Subparagraph 5.3.2 or 5.4.2 of thisRules. Nevertheless if prior to the final decision on the Section the Agency Administrator is unable to execute aapplication the transferee eliminates the grounds for disap- provisional Cargo Intermediary Agreement or to give provi-proval to the satisfaction of the Agency Administrator, the sional approval as at the date of the change, the AgencyAgency Administrator shall execute a provisional Cargo Administrator shall notify all Members and, where applic-Intermediary Agreement with the transferee; able, the CASS Management accordingly. Members may

continue to do business with the Intermediary on a commis-5.3.3 the transferee‘s provisional Cargo Intermediarysionable Cash Basis until further notified by the AgencyAgreement shall take effect from the date when the changeAdministrator.of ownership and/or status takes place. The transferor‘s

Cargo Intermediary Agreement shall terminate as of the5.6 FINAL APPROVAL BY AGENCYdate when the change of ownership and/or status takes

place, without prejudice to the fulfillment of all obligations ADMINISTRATORaccrued prior to the date of termination;

5.6.1 in addition to any action taken by the Agency Admin-5.3.4 a provisional Cargo Intermediary Agreement shall istrator under Paragraphs 5.3 and 5.4 of this Section hebe in the same form and have the same effect as a Cargo shall obtain from such source and in such manner as heIntermediary Agreement. The Agency Administrator shall may deem appropriate a report on the transferee or Interme-notify all Members of the execution of the provisional agree- diary, as the case may be, indicating whether the require-ment and on receipt of such notice Members may do busi- ments set out in Section 1 of these Rules are satisfied;ness with the transferee as if he were an Intermediary.

5.6.2 if, the report shows that the said requirements aresatisfied, and no protest has been received from a Member5.4 CHANGES NOT REQUIRING A within 30 days following notice from the Agency Adminis-

NEW AGREEMENT trator of the proposed change, the Agency Administratorshall:when an Intermediary proposes to effect a change of owner-

ship as described in Subparagraph 5.2.1.2 of this Section: 5.6.2.1 in cases of a change as described in Subparag-raphs 5.2.1.1 or 5.2.2 of this Section, notify the transferee5.4.1(a) the Intermediary shall give the Agency Adminis-

trator notice of the proposed change in the form of Appendix that the provisional Cargo Intermediary Agreement shallcease to be provisional and shall become a Cargo Intermedi-1 to these Rules at least 30 days before the change is to

be effected. As soon as possible the Intermediary shall ary Agreement,

146


5.6.2.2 in cases of a change as described in Subparagraph several liability with the transferor for any outstanding obliga-tions of the transferor under its Cargo Intermediary Agree-5.2.1.2 of this Section, notify the Intermediary that the provi-

sional approval of the change shall cease to be provisional ment as of the date when the transfer of ownership takesplace; andand shall become a full approval; the Cargo Intermediary

Agreement or the final approval of the change shall take 5.8.2 in cases where the transferor is employed by oreffect 45 days from the date of the publication to Members retains a financial or beneficial interest directly or indirectlyof the intended change by the Agency Administrator or on in the Intermediary after the change of ownership, thethe date the change takes place, whichever is the later. The application shall be accompanied by an undertaking by theAgency Administrator shall notify all Members accordingly transferee to accept responsibility for any violation by theand, when required, make any necessary amendment to transferor of its Cargo Intermediary Agreement which maythe European Air Cargo Programme Directory. have occurred within a period of two years immediately

prior to the change of ownership as if such violation were aviolation of the transferee‘s Cargo Intermediary Agreement.5.7 EFFECT OF DISAPPROVAL

5.7.1(a) if the Agency Administrator is unable to execute 5.9 DEATH OF A SOLE OWNER ORa Cargo Intermediary Agreement with a transferee or to give OF A MEMBER OF A PARTNERSHIPfinal approval of a change to an Intermediary, as the case

OR OTHER UNINCORPORATED FIRMmay be, he shall promptly notify the transferee or Intermedi-ary and shall, simultaneously: 5.9.1 in the event of the death of the sole owner of an

Intermediary, or of a member of a partnership or other unin-5.7.1(a)(i) in cases of a change as described in Subparag- corporated firm, the Intermediary shall promptly advise theraphs 5.2.1.1 or 5.2.2 of this Section, by notice to the trans- Agency Administrator who shall place the Intermediary onferor confirm that its Cargo Intermediary Agreement a commissionable Cash Basis and notify the Intermediaryterminated on the date when the change of ownership took and all Members. However, in order to preserve the goodwillplace, and by notice to the transferee, terminate the provi- of the Intermediary as far as possible, the Agency Adminis-sional Cargo Intermediary Agreement, if executed, trator may, at the request of the person entitled to representthe decedent‘s estate (in the case of a sole ownership)5.7.1(a)(ii) in cases of a change as described in Subpara-or of the remaining member of the partnership or othergraph 5.2.1.2 of this Section, by notice to the Intermediaryunincorporated firm enter into a temporary Cargo Intermedi-withdraw a provisional approval that has been given andary Agreement with the requesting party, reinstate creditterminate the Intermediary‘s Cargo Intermediaryfacilities and advise Members accordingly. The temporaryAgreement;Cargo Intermediary Agreement shall be in the same form

5.7.1(b) in all such notices the Agency Administrator shall and have the same effect as a Cargo Intermediary Agree-give the reasons for his action and notify all Members ment except that:accordingly. A disapproved transferee or Intermediary may

5.9.1.1 if the Agency Administrator at any time has reasonrequest reconsideration of the decision by the Agencyto believe that the financial situation of the estate, partner-Administrator or invoke the procedures for review of theship or other unincorporated firm is unsatisfactory, he shallAgency Administrator‘s action by the Ombudsman;place the Intermediary on a commissionable Cash Basis,

5.7.2 upon request for reconsideration by the Agency request a review of the Intermediary by the OmbudsmanAdministrator or for review by the Ombudsman, the disap- and notify the Intermediary and all Members accordingly,proval action shall be stayed and the status quo ante

5.9.1.2 if prior to the date of the review the estate or part-restored pending the result of the reconsideration or of thenership or other unincorporated firm submits evidence of areview. If the Ombudsman confirms the disapproval, thesatisfactory financial situation, the Agency Administratortransferee or Intermediary may request review of suchshall withdraw his request for review and shall notify thedecision by arbitration pursuant to Section 6 of these RulesIntermediary and all Members that credit may be reinstated,in which case the disapproval action shall continue to be

stayed until notification of the arbitration award; 5.9.1.3 if the matter proceeds to review and the Ombuds-man finds that the financial situation of the estate, partner-

5.7.3 if the transferor or the Intermediary as the case may ship or other unincorporated firm so warrants, he shall directbe notifies the Agency Administrator that the change of that the temporary Cargo Intermediary Agreement beownership has been revoked and the Intermediary restored terminated. The Agency Administrator shall remove thein all respects to its previous ownership, the Agency Admin- Intermediary from the European Air Cargo Programmeistrator shall reinstate the Intermediary‘s Cargo Intermediary Directory and notify the Intermediary and all MembersAgreement and, when applicable, reinstate credit facilities accordingly. Upon receipt of such notice, Members shalland notify the Intermediary and all Members accordingly. take the same action as required on removal of an Intermedi-

ary from the European Air Cargo Programme Directory;5.8 UNDERTAKING BY 5.9.2 if the person entitled to represent the estate of theTRANSFEREE decedent proposes to transfer or to confirm the transfer of

the decedent‘s interest in the Intermediary to an heir, legateeexcept in case of change described in Subparagraph 5.2.1.2or other person, or notifies that the decedent‘s interest isof this Section:withdrawn from the partnership or other unincorporated firm,such transfer or withdrawal shall be deemed a change of5.8.1 every application for approval shall be accompanied

by an undertaking by the transferee to accept joint and ownership for purposes of this Section. The signatory of the

147


temporary Cargo Intermediary Agreement and the trans- for registration, such Intermediary shall as far in advanceas possible but in any case before effecting the move, notifyferee shall jointly give notice to the Agency Administrator

as required under Subparagraph 5.3.1 of this Section and the Agency Administrator of the new address and remit thefee as provided in Subparagraph 7.1.1(a)(iv) of Section 7thereafter the provisions of Paragraphs 5.3, 5.5, 5.6, 5.7

and 5.8 of this Section shall apply; of these Rules. The Agency Administrator shall obtain aninspection report of the new premises and shall notify all5.9.3 subject to earlier termination under the provisions ofMembers of the proposed new address. If the inspectionSubparagraph 5.9.1 or 5.9.2 of this Paragraph, a temporaryreport is favorable, the new premises shall be deemed toCargo Intermediary Agreement with the representative ofbe approved. If the investigation report is unfavorable, thethe estate of a deceased sole owner shall terminate if suchnew premises shall not be approved by the Agency Adminis-representative ceases to carry on the Intermediary‘s busi-trator and the matter shall be referred to the Ombudsman.ness at the address covered by the Agreement.

5.13 LATE NOTIFICATION OR5.10 DEATH OF STOCKHOLDER ABSENCE OF NOTIFICATION OF5.10.1 in the event of the death of a stockholder holding CHANGE30% or more of the total issued stock of a corporation (or

5.13.1 if the notification and, when required, the completedin whom control of the Intermediary is vested), the Intermedi-application in respect of a change of ownership or legalary shall promptly advise the Agency Administrator whostatus is not received by the Agency Administrator or isshall notify all Members accordingly and request the Inter-received after the change has taken place, the Agencymediary to submit current financial statements:Administrator shall place the Intermediary on a commis-

5.10.1.1 if the financial situation of the Intermediary is sionable Cash Basis pending review by the Ombudsman.found to be satisfactory, the Intermediary may continue to The application from the transferee, if any, shall bedo business with Members as a registered Intermediary, processed in accordance with the provisions of Section 2

of these Rules;5.10.1.2 if the financial situation of the Intermediary isfound to be unsatisfactory, the Agency Administrator shall 5.13.2 failure to notify the Agency Administrator of aplace the Intermediary on a commissionable Cash Basis, change of name or address within 30 days of such changerequest a review of the Intermediary by the Ombudsman being made shall be grounds to initiate a review of theand notify the Intermediary and all Members accordingly; Intermediary by the Ombudsman.5.10.2 if the person entitled to represent the decedent‘s

5.14 INTERMEDIARIES LOCATED INestate proposes to transfer or to confirm the transfer of theA CASS-EXPORT AREAdecedent‘s interest in the Intermediary to an heir, legatee

or other person, such transfer shall be deemed a change if any of the changes described in this Section are to beof ownership for purposes of this Section. The Intermediary effected by an Intermediary located in the area of a CASS-shall give notice to the Agency Administrator as required Export, the Agency Administrator when giving any notice tounder Subparagraph 5.4.1(a) of this Section and the provi- Members required under the foregoing provisions of thissions of Paragraphs 5.4, 5.5, 5.6 and 5.7 of this Section Section shall give a copy of that notice to the CASSshall apply. Management.

5.11 CHANGE OF NAMEwhen an Intermediary changes its name, such Intermediaryshall notify promptly the Agency Administrator of the newname and remit the fee as provided in Subparagraph7.1.1(a)(iv) of Section 7 of these Rules. The Agency Admin-istrator shall ascertain whether the new name can beapproved pursuant to the provisions of Section 1 of theseRules. If the name change is approved the Agency Adminis-trator shall notify all Members of the new name and recordthe new name in the European Air Cargo Programme Direct-ory and in the Cargo Intermediary Agreement. If the AgencyAdministrator disapproves the application he shall initiate areview by the Ombudsman.

5.12 CHANGE OF ADDRESS5.12.1 where an Intermediary changes its address fromthat shown in the European Air Cargo Programme Directory,such Intermediary shall notify promptly the Agency Adminis-trator who shall so advise all Members. Authority to act asan Intermediary shall continue to apply to the new address;

5.12.2 where an Intermediary moves from or ceases tooperate at the sales office and/or handling facilities thatwere inspected in the course of processing its application

148


6.3.2 within 20 days of receipt by the Agency AdministratorSection 6 — Review by Arbitrationof the form of Request for Arbitration completed by the

6.1 RIGHT TO ARBITRATION Appellant electing arbitration before a three-member BoardREVIEW together with a certified cheque or banker‘s draft, the Agency

Administrator shall nominate an arbitrator and the two arbit-any applicant or Intermediary which considers itselfrators so nominated shall nominate a third who shall act asaggrieved by a decision of the Ombudsman under Resolu-chairman of the Arbitration Board. If the third arbitrator hastion 805e (the provisions contained within the Handbook),not been so nominated within 20 days after the nominationor any Member which contests the Ombudsman‘s ruling inof the second arbitrator, the Agency Administrator shalla review of such Members‘ individual decision, shall haverequest the President of the International Chamber ofthe right to have the decision reviewed by arbitration inCommerce to nominate the third arbitrator;accordance with the following procedure (hereafter in this

Section the term ‘Appellant‘ is used to designate severally an 6.3.3 the expression ‘Arbitration Board‘ shall mean a soleaggrieved Intermediary or applicant or a contesting Member, arbitrator or a three-member Arbitration Board nominatedseeking review by arbitration, except where the context pursuant to Subparagraphs 6.3.1 and 6.3.2 of thisspecifies otherwise). Paragraph.

6.2 APPLICATION PROCEDURE 6.4 SUBSTITUTION OFARBITRATORthe Appellant shall send written notice to the Agency Admin-

istrator advising of its wish to have the decision reviewed by in the event of the resignation or incapacity of an arbitrator,arbitration. The notice is to reach the Agency Administrator the persons appointing such arbitrator shall, within 30 dayswithin 30 days of the date the decision was notified to the of the date when the Agency Administrator is notified ofAppellant. Thereafter the Agency Administrator shall such resignation or incapacity, appoint a substitute.dispatch to the Appellant a form of Request for Arbitrationand shall notify all Members that arbitration has been 6.5 CONDUCT OF PROCEEDINGSrequested.

6.5.1 the Arbitration Board shall unless otherwise agreedby the Appellant and the Agency Administrator, hold the6.3 SETTING UP OF ARBITRATIONhearing in the country where the Intermediary is registered,BOARDor for which the application for registration was made, as

6.3.1(a) the Appellant may elect arbitration before: applicable;6.3.1(a)(i) a sole arbitrator appointed by mutual agree- 6.5.2 the Arbitration Board shall publish its award in writingment within 20 days of the date of receipt by the Appellant not later than 60 days after appointment of the chairmanof the form of Request for Arbitration; (failing such agree- or of the sole arbitrator, provided that this period may bement, the nomination shall be made by the President of the extended by or with the agreement of the Appellant andInternational Chamber of Commerce), or the Agency Administrator. If the Arbitration Board does not

publish its award in writing within such period of 60 days,6.3.1(a)(ii) a sole arbitrator appointed by the President ofor within such extended period agreed by the Appellant andthe International Chamber of Commerce, orthe Agency Administrator, the Arbitration Board shall be6.3.1(a)(iii) an Arbitration Board composed of threedeemed discharged without remuneration and the Agencymembers as provided in 6.3.2 of this Paragraph;Administrator shall request the President of the International

6.3.1(b) in any event the Appellant shall complete, sign Chamber of Commerce to appoint a sole arbitrator orand return the form of Request for Arbitration so as to reach another sole arbitrator (in place of the sole arbitratorthe Agency Administrator within 30 days of its receipt by discharged) who shall proceed in accordance with the provi-the Appellant. On such form the Appellant shall indicate its sions of Subparagraph 6.5.1 of this Paragraph and Para-choice of (i), (ii) or (iii) above. Where it chooses arbitration graph 6.7 of this Section and shall publish his written awardbefore a three-member Arbitration Board, the Appellant shall within 45 days of the date of his appointment;enter the name of an arbitrator acceptable to it and willing

6.5.3 the Arbitration Board shall reach its decision by ato act as such; the form shall be accompanied by a certifiedmajority;cheque or banker‘s draft for USD750 (or the acceptable

equivalent) where a sole arbitrator has been chosen, or for 6.5.4 the Arbitration Board shall permit the parties to beUSD1,000 (or the acceptable equivalent) where a three- heard either in person or by a representative and shallmember Arbitration Board has been chosen, as deposit receive any relevant or material probative evidence bearingon account of any costs that may become payable by the on the matter referred to it;Appellant; 6.5.5 in all other respects the Arbitration Board shall settle6.3.1(c) upon receipt of documentation from the Intermedi- its own procedures.ary and IATA, and prior to holding the hearing, the Arbit-rator(s) may require the Intermediary and IATA to post 6.6 SCOPE OF REVIEWcertified cheques in an amount determined by the Arbit-

6.6.1(a) review by the Arbitration Board shall be appellaterator(s), in US dollars or the acceptable equivalent, to coverand not de novo. The Board shall affirm the decision underthe estimated costs of the arbitration. Upon notification ofreview unless it finds and concludes that such decision isthe Board‘s award, any monies so posted, and in excessdeficient in one or more of the following respects:of the arbitration costs, shall be refunded to one or other or6.6.1(a)(i) it is not supported by substantial evidence;both parties, as appropriate.

149


6.6.1(a)(ii) it contains error of applicable law; Section 7 — Intermediary Fees6.6.1(a)(iii) it is arbitrary or capricious; 7.1 FEES6.6.1(a)(iv) it is not in accordance with the terms of the Intermediary fees, in the amounts determined by the Euro-Resolution under which it was taken; pean Air Cargo Programme Joint Council in consultation

with the Director General, shall be published by the Agency6.6.1(a)(v) the penalty is inappropriate, inadequate orexcessive; Administrator and payable by Intermediaries:

The types of fees and conditions under which they are6.6.1(b) additionally, evidence may be considered whichis available to the Arbitration Board but which for good cause payable are described within the Handbook. Failure to pay

the appropriate fees in accordance with the establishedcould not be presented to the Commissioner (Ombudsman)provisions may result in the termination of the Intermediary‘sAgreement. Termination for failure to pay an annual Interme-6.7 AWARDdiary fee shall not be subject to arbitration by the6.7.1 in the event the Arbitration Board does not affirm the Intermediary.decision under review, it shall either direct action upon the

Appellant in accordance with the Board‘s findings, or refer7.2 INVOICINGthe matter to the Commissioner (Ombudsman) for action

consistent with the Board‘s decision; Annual Intermediary fees for each calendar year shall bepaid not later than 1 December of the preceding year in6.7.2/6.7.2.1 the cost of the Arbitration Board shall beaccordance with the procedures agreed by the Joint Councilborne:and the instructions of the Agency Administrator. Invoices

6.7.2.1(a) when the Appellant is an Intermediary or for such fees shall be sent out by the Agency Administratorapplicant: not later than 1 November of each year.6.7.2.1(a)(i) by the appellant if the decision under review

7.3 USE OF INTERMEDIARY FEESis affirmed,Intermediary fees collected by the Agency Administrator on6.7.2.1(a)(ii) by IATA, or by the Member in whose favorbehalf of IATA will be expended by the Director General inthe Commissioner (Ombudsman) had ruled, as applicable,accordance with directives given by the Executive Commit-if the decision under review is reversed,tee of IATA to administer the European Air Cargo6.7.2.1(a)(iii) by the Appellant and IATA in a proportion Programme.decided by the Arbitration Board if the decision under review

is modified;

6.7.2.1(b) provided that, if there are special circumstanceswarranting a different award as to such costs, the ArbitrationBoard shall be empowered to direct that they be borne bythe parties in such a manner as it considers equitable;

6.7.2.2 when the Appellant is a Member, by the Appellantwhether the decision under review is upheld, reversed ormodified;

6.7.3 costs of legal representation shall be borne by theparty incurring such costs.

6.8 EFFECT AND EFFECTIVE DATEOF THE AWARD6.8.1 the award of the Arbitration Board shall be final andconclusively binding on the Appellant, IATA and allMembers, as applicable, and shall be complied with inaccordance with its terms;

6.8.2 the Agency Administrator shall notify the Appellant,all Members and the CASS Management of the award ofthe Arbitration Board, which shall take effect, unless theArbitration Board directs otherwise, from a date the AgencyAdministrator shall specify in advance;

6.8.3 if the award requires an Intermediary to pay the costsof the Arbitration Board in whole or in part and the Intermedi-ary has not paid such costs within 60 days of the date ofnotice given under Subparagraph 6.8.2 of this Paragraph,the Agency Administrator shall remove the Intermediaryfrom the European Air Cargo Programme Directory.

150


Section 8 — Air Waybill Transmittals,YBillings, Remittances and Collections,IrregularitiesThe procedures regarding reporting and remittance, andirregularities are set forth in Resolution 801re.

151


RESOLUTION 805zzAttachment ‘B’Appendix 1TO:

Agency Administrator Intermediary’s name, address and numeric codeInternational Air Transport Association

NOTICE OF CHANGEPursuant to the provisions of Section 5 of the European Air Cargo Programme Rules we hereby give notice of the followingchange(s) in the legal status or ownership of the above named IATA Cargo Intermediary (Transferor) as a consequence ofcontractual arrangements or negotiations:

1. PRESENT STATUS 2. FUTURE STATUS

1. Sole Proprietorship/Partnership/ Corporation/other(specify) ...................................... ......................................

2. Name(s) of owner/partners/stockholders in case ofunincorporated firm ...................................... ......................................

3. If corporation list:

a) issued share capital ...................................... ......................................

name/amount name/amountof shares/% of shares/%

b) names of owners stock/shares and amount ofstock owned by each ...................................... ......................................

c) names of all officers and directors ...................................... ......................................

4. Effective date of future status as shown above.

5. Legal name, trading name and full address under new ownership.

6. If the answer to 5 above represents a change of name or address or both, please give details.

7. Will such change affect the management and staffing at such premises?

8. Have any of the new owners, officers (directors), managers or any individual having authorisation to act or sign onbehalf of such firm been involved in bankruptcy or default proceedings? If so, give details.

The Transferor has informed the Transferee of the need to comply with the European Air Cargo Programme Rules if theTransferee wishes to be entered in the European Air Cargo Directory as a Registered Intermediary.

In accordance with one of the requirements of the European Air Cargo Programme Rules, the Transferee hereby undertakesto accept joint and several liability with the Transferor for any outstanding obligations of the Transferor under its CargoIntermediary Agreement as at the date of the transfer of ownership takes place.

Where the Transferor is employed by, or retains a financial or beneficial interest, directly or indirectly, in the Intermediaryfollowing the change of ownership, the undersigned Transferee knows and hereby agrees to accept responsibility for anyviolation by the Transferor of his Cargo Intermediary Agreement which may have occurred within a period of two yearsimmediately prior to the change of ownership as if such violation were a violation of the Transferee’s Cargo IntermediaryAgreement

................................................................................... ...................................................................................................................Witness Authorised signature of Intermediary (Transferor)

................................................................................... ...................................................................................................................Witness Authorised signature of Transferee

152

c Resolution 805zz — Attachment ‘B’ — Appendix 2

OWNERSHIPRESOLUTION 805zz6.* Specify the type of legal entity of your company: soleAttachment ‘B’ proprietor, partnership, corporation, or association:

Type:Appendix 2Name:

Address:APPLICATION FORM — EUROPEANAIR CARGO PROGRAMME Name(s) of director(s) and percentage of capitalINTERMEDIARY INSTRUCTIONS

owned (if a corporation)The information requested in this questionnaire is required

Date of incorporation (if a corporation)for review by the International Air Transport Association(IATA), acting on behalf of Members of the Association. Date formed (if an association)

Please complete all sections of the questionnaire and submit 6a* If applicant is another form of organisation, pleasedescribe and state names of officersone original and three copies to the Agency Administrator,

for each country in the area covered by Resolution 805zz, 7.* Has your firm ever held a Cargo Agency or EACPin which you wish to act as an IATA Cargo Intermediary Intermediary Agreement executed by IATA?and for each named branch location. You may submit any

If yes:additional information that you feel is relevant to yourapplication. IATA Numeric CodePlease note that your firm’s eligibility for registration and Date issuedretention as an IATA Cargo Intermediary in the IATA EACP

Name under which it was issuedDirectory will be determined on the basis of your answersto the sections of the questionnaire marked with an asterisk Reason for cancellation(*), which are mandatory. The completion of the other

8.* Has your firm ever held a CASS Associate Agreementsections is voluntary.executed by IATA?

If more space is needed to provide the informationIf yes:requested, please photocopy the pages concerned, fill in

the appropriate sections and attach to your application. CASS Associate Code

Checklist of documents (copies only) that should accom- Date issuedpany this application:

Name under which it was issued— Articles of Incorporation/Association/Organisation; Reason for cancellation— Current financial statement and balance sheet certified

9.* Is your firm an approved IATA Passenger Salesby chartered accountant, certified public accountant orAgent?certified general accountant;If yes:— Licence to trade or other special authority, if required;

Agency Numeric Code of your Head Office— Evidence of courses completed by staff members hand-ling cargo operations. 10. Is your firm a General Sales and Service Agent

(GSSA) for any air carrier(s)IDENTIFICATION If yes, list carrier(s)1.* Legal name of Firm 11.* Has any individual in your company, whether you are

a sole proprietor or a partnership, Corporation or2.* Trade name(s) of Firm (if different from legal name)Association:

3.* Full name and address (including post office box and (a) Been found guilty of infringements of any ship-zone numbers) and the trade name(s), if any, as you ping regulations?wish them to appear in the official EACP IntermediaryDirectory and to which all communications from IATA (b) Been involved in a bankruptcy proceedings, othercan be addressed than as a claimant?

If yes, are you fully and legally discharged of yourMailing address (if different)obligations by the court involved?

4.* Name of individual owner, partner or officer to whom(c) Been a sole proprietor, shareholder, partner,communications with respect to this application

officer, director or manager of employee(s) of ashould be addressedcargo agency, which has been declared in defaultunder the IATA rules and regulations?5.* Country for which this application is being made

153


21. Which of the following are available?(d) Been a director of or had a financial interest ora position of management in an IATA Agent or Telephone (give numbers)Intermediary that was removed from the IATA

E-mail (give address)Cargo Agency List or EACP Directory or whichwas under notice of default and still has outstand- Website (give address)ing debts to IATA Members or in an IATA Agent

Telex (give numbers)or Intermediary whose debts to IATA Memberswere partially met by recourse to a financial bond Fax (give number)or guarantee?

Automated export accountingIf yes:

Automated export documentationState full name of such Agent or Intermediary

Alarm systemWere all IATA Members fully repaid?

22. List warehouse equipment available for processing12. Does your firm operate a cargo cartage service? air cargo

Nbr. Type Max Wt13.* Is your firm insured to cover its liability in the eventof loss or damage to shipper‘s cargo while in your Scalespossession? Forklifts

14. Is your firm a member of a national or international Other equipmentassociation of freight forwarders? If yes, give the

23. Is the warehouse fitted withname of the association(s)an alarm system?a sprinkler system?FACILITIES

(a) Please indicate all premises through which your firm LEGALconducts or intends to conduct air cargo business,

24.* Date of legal establishment of Firmincluding the preparation of consignments ready forcarriage: 25.* Number of years for which you have successfully

traded?15.* Office (or office area if combined with warehouse)26.* Do the national or local authorities require a license16.* Type of premises — specify:

to trade or other special authority to perform the activit-(a) Office to be investigated ies of a cargo Intermediary?

If yes indicate:(b) Additional office

Type of license (attach photocopy)17.* Are consignments made ready for carriage by air atthis service point? Date grantedIf any of the functions involved in the preparation ofcargo ready for carriage are outsourced or leased by FINANCIALyour company, please provide details.

Please complete the sections below and the Statement ofAssets and Liabilities in Appendix 3a. to assist the financial18. Distance from nearest airportevaluation of your application.

19. List airports serviced by this facilityA copy of a current financial statement and balance sheet

20.* Give the following details of each trained staff certified by a chartered accountant, certified public account-member, indicating their qualifications (attach photo- ant or certified general accountant should also accompanycopy of evidence of course(s) completed) your application.Name 27a.* What is the amount of your firm‘s capital?

Position 27b.* (For corporations) What is the amount of your firm‘spaid-up capital?Experience in air cargo transportation business

28.* What is the lowest capital required by the national or(a) IATA/FIATA (or equivalent industry) introductory local laws of your country?

training courses completed29.* Please list 3 credit references, including the banks

(b) Training course on IATA Dangerous Goods with whom the firm does business (Give bank addressRegulations successfully completed and account number)

Name 30. In accordance with CICS rules, as detailed in theHandbook, a level of credit will be assessed to eachPositionEACP Intermediary. What amount of credit isrequested with this application?Experience in air cargo transportation business

154

c Resolution 805zz — Attachment ‘B’ — Appendix 2

I understand and agree that any Intermediary agreementSALES AND PROMOTIONbetween my company and an IATA Member shall be subject

31.* Give actual figures for the last 12 months for interna- to the applicable EACP Rules in ................. (country).tional export air cargo processed by your firm (attach

I hereby expressly renounce and waive any and all claims,a representative sampling of actual air waybills used):causes of action or rights to recovery for my company/

Total monetary value of freight charges association+, its heirs, successors and assigns and I agreeto indemnify and hold harmless IATA or any of its Members,Total weight in kilostheir officers, employees, agents or servants for any loss,

Total number of consignments injury or damage based upon libel, slander or defamationof character by reason of any action taken in good faith32.* Give projected figures for the coming 12 monthspursuant to this application, including but not limited to a

Total monetary value of freight charges notice of disapproval stating the reasons therefor.Total weight in kilos It is hereby agreed that the sections of this application

marked with an asterisk (*) shall become a part of everyTotal number of consignmentsEACP Cargo Intermediary Agreement signed with IATA

33. Does your firm specialize in any particular type of Members for the sale and handling of international air cargotraffic? transportation and that the Agency Administrator shall be

given prior notice of any changes to the information provided(For each type of traffic, please provide details onin those sections.category, number of consignments, tons, value,

percentage) I hereby certify that the foregoing statements (includingstatements made in any Attachments hereto) are true andDangerous goodscorrect to the best of my knowledge and belief and that I am

Live animals authorized by the firm identified in the answer to Question 1to make these statements and file this document.Other

34. What volume of your traffic is destined for: (For each Signatory Witnessarea please provide details on category, number of

signature signatureconsignments, tons, value, percentage)Name Name and addressAfrica(type or print) (type or print)

Far East+ Delete as applicable

Middle East

Australia & S. Pacific

Central America & Caribbean

Europe

South America

USA/Canada

STATEMENT/UNDERTAKING

(Please insert the appropriate amounts of the applicationfee(s), registration fee(s) and initial annual agency fee(s),to be determined by consultation with the AgencyAdministrator).

I apply for inclusion in the official EACP Intermediary Direct-ory for ...........(country) and I enclose a remittance in theamount of ......., this being payment of the: ......., non-refundable application fee(s), registration fee(s) and initialannual Intermediary fee(s) Total

Upon registration as an EACP Cargo Intermediary,I undertake to pay to IATA annually not later than1 December the Intermediary fee requested by IATA foreach succeeding calendar year. I understand that creditshall be allowed for any overpaid portion of the initial annualpayment and that refunds of any Intermediary fees in respectof any office for which registration has once been givenshall be made as shown in the EACP Rules.

If my application is disapproved, the registration fee(s) andinitial annual agency fee(s) shall be returned to me.

155


4. RESCISSIONRESOLUTION 821upon this Resolution being declared effective, the followingIATA CARGO OFFICE NUMERIC CODE Resolution shall be rescinded:

CAC1(20)821 Expiry: Indefinite CAC1(01)821(amended)CAC2(20)821

CAC2(01)821(amended)CAC3(20)821 Type: BCAC3(01)821(amended)

RESOLVED that

1. AUTHORITY TO ASSIGNNUMERIC CODES1.1 the assignment of IATA Cargo Office numeric codedesignators (‘the numeric code’) to Members, non-IATA aircarriers and to IATA Cargo Agents shall be carried out bythe Agency Administrator who shall periodically publish alist to Members of numeric codes so assigned and the nameof the assignees;

1.2 blocks of IATA numeric codes shall be set aside bythe Agency Administrator for use by the Cargo NetworkServices Corporation (CNS). CNS shall control assignmentof such numeric codes to appointed agents listed by it inthe United States of America and shall report to the AgencyAdministrator the numeric codes so assigned. The limita-tions and duties with respect to the use and protection ofthe numeric code described in this subparagraph shall beidentical to those specified elsewhere in this Resolution.

2. AGENT ASSIGNMENT2.1 upon accreditation of an agent by IATA, the AgencyAdministrator shall assign that IATA Cargo Agent a numericcode. The assignment of additional numeric codes, for useby an IATA Cargo Agent’s fully-owned and fully-controlledfield offices where Air Waybills are executed, shall be inaccordance with Cargo Agency Conference policy;

2.2 such assignment shall continue only so long as theassignee remains an IATA Cargo Agent and shall be with-drawn by the Agency Administrator should the IATA accred-itation of the assignee be discontinued, suspended orcancelled, whether by IATA or by the assignee. Theassigned numeric code remains the property of IATA at alltimes. It shall not be shared, lent, leased, sold or otherwisetransferred by the assignee to any other person, whetheran individual or a corporation. Failure on the part of theassignee to respect this exclusivity of usage requirementshall constitute valid grounds for the Agency Administratorto withdraw the assigned code and cause the Cargo AgencyCommissioner to review the IATA Cargo Agent’s IATAaccreditation.

3. AIRLINE ASSIGNMENTAn air carrier wishing to obtain numeric codes for its owncargo sales offices shall apply in writing to the AgencyAdministrator. The air carrier shall use the numeric codes soassigned solely for its own fully-owned and fully-controlledcargo sales offices and shall not share, lend, lease, sell orotherwise transfer them, or allow them to be used, by anyother person, whether an individual or a corporation.

156

c Resolution 823

carrier (described in Resolution 600a), for use by IATARESOLUTION 823Cargo Agents.

DEFINITIONS OF TERMS USED IN ‘AIR WAYBILL TRANSMITTAL’ (sometimes referred toas ‘AWT’) means the form used by a CASS participantCARGO AGENCY RESOLUTIONSto submit to the CASS Settlement Office records ofCAC1(33)823(except USA) Expiry:Indefiniteaccountable transactions.(amending)

Y ‘APPROVED LOCATION’ (sometimes referred to asCAC2(33)823 (amending)Location) includes Head Office and Branch LocationsCAC3(33)823 (amending) Type: Bappearing on the Cargo Agency List.WHEREAS the Cargo Agency Conference has agreed‘ARBITRATION BOARD’ means the body set up underdefinitions for terms and expressions commonly used inthe provision of the relevant Cargo Agency Rules to arbit-Resolutions of the Conference, andrate on a dispute arising under these Rules.WHEREAS the Conference wishes to consolidate such‘BILLING PARTICIPANT’ means a CASS-Export ordefinitions in a single Resolution, it isCASS-Import participant that submits to the SettlementRESOLVED that the definitions of terms and expressions Office Air Waybill or other accounting transaction dataused in Resolutions of the Cargo Agency Conference are in an electronically readable form.as follows:

Y ‘BRANCH OFFICE LOCATION’ means a registered‘AGENCY ADMINISTRATOR’ means the IATA official Agent’s place of business where cargo is made readydesignated by the Director General from time to time as for carriage and which is entered on the Agency List asthe holder of that office, or his authorised representative. a Branch Office Location.‘AGENCY COMMISSIONER’ (sometimes called ‘the ‘CARGO ACCOUNTS SETTLEMENT SYSTEM —Commissioner’) means the person designated by the EXPORT’ (hereinafter called ‘CASS-Export’) means theDirector General as the holder of that office, or his author- method of accounting and settling accounts betweenised representative, who exercises jurisdiction over CASS-Export Airlines on the one hand, and their Agentsmatters prescribed by the Cargo Agency Conference. and Associates, on the other hand, described in‘AGENCY DISTRIBUTION MANAGER’ means the IATA Resolution 851 and its Attachments and provided for inofficial designated by the Agency Administrator to head Resolution 801r.the Agency Distribution Office and to manage the Cargo ‘CARGO ACCOUNTS SETTLEMENT SYSTEM —Agency registration programme for countries in which IMPORT’ (hereinafter called ‘CASS-Import’) means theResolution 803 is applicable. method of accounting and settling accounts between

J ‘AGENT’ (sometimes referred to as ‘IATA Cargo Agent’) Delivering Companies and Recipients as provided inmeans a legal person which is a registered IATA Cargo IATA Cargo Agency Conference Resolution 853 and itsAgent whose name is entered on the Cargo Agency Attachments.List, having executed an IATA Cargo Agency Agreement ‘CARGO ACCOUNTS SETTLEMENT SYSTEM-having been adjudged to have met the registration and IMPORT DELIVERING COMPANIES’ means the IATAretention criteria as specified in the Cargo Agency Rules. Members and Non-IATA Air Carriers/Ground HandlingThis term also includes IATA European Air Cargo Companies (named as CASS-Import DeliveringProgramme Intermediaries who conduct transactions in Companies) in the First Schedule to the Recipient Agree-accordance with Part 1 of the European Air Cargo ment as having authorised the Agency Administrator toProgramme form of Cargo Intermediary Agreement. It execute this Agreement on their behalf, and such otheralso includes Intermediaries who conduct transactions Delivering Companies which, subsequent to the execu-in accordance with Part 1 of the Cargo Intermediary tion of this Agreement, authorise the Agency Adminis-Agreement – Australia. trator to advise the Recipient that their name is to be‘AIRLINE’ means a Member participating, or eligible to added to the said First Schedule in accordance withparticipate, or a non-IATA carrier participating in the Paragraph 7 thereof.Cargo Accounts Settlement System of a country/area. ‘CARGO AGENCY AGREEMENT’ (sometimes referred‘AIRPORT’ shall include any location designated by an to as ‘the Agreement’) means an Agreement in the formAirline for general acceptance of all consignments ready prescribed in Resolution 801a as amended from time tofor carriage. time.

‘AIR WAYBILL’ means the document made out by or ‘CARGO AGENCY CONFERENCE’ (sometimes referedon behalf of the shipper which evidences the contract to as ‘Conference’) means the permanent Conference ofbetween the shipper and the Carrier for carriage of Members established by IATA, to take action on mattersgoods. (Note: upon ratification of Montreal Protocol No. 4 pertaining to relationships between airlines and interme-to the Warsaw Convention, the term Air Waybill shall, diaries engaged in the sale and/or processing of interna-where the context so requires, also mean the shipment tional air cargo, but excluding remuneration levels.record referred to in certain Cargo Services Conference Y ‘CARGO AGENCY LIST’ means the list published byResolutions). the Agency Administrator, containing the names and

addresses of all IATA Cargo Agents and their Branch‘AIR WAYBILL NEUTRAL’ means the standard auto-mated air waybill without identification of the issuing Locations.

157


‘CARGO AGENCY PROGRAMME’ means: ‘CASS AIRLINE’ means both an IATA Member and anon-IATA air carrier from which the Agency Administrator(a) the various IATA Resolutions, rules and procedures has accepted an application and concurrence in theadopted by the Conference, and prescribed form participating as Full Participant or BillingParticipant in CASS-(country).(b) the provisions established where applicable by the

Cargo Agency Programme Joint Council or Cargo ‘CASS ASSOCIATE’ means any Person, other than aGeneral Assembly, pursuant to the authority delegated Registered IATA Cargo Agent or an air carrier, whichby the Cargo Agency Conference under the provisions has executed an Agreement for participation in CASS-of the respective Cargo Agency Rules. (country).‘CARGO AGENCY RULES’ (sometimes called ‘these ‘CASS-EXPORT AIRLINE’ means a Full Participant, orRules’) means the Cargo Agency Conference Resolu- a Billing Participant in a Cargo Accounts Settlementtions and Attachment(s), which apply in the Specified System.Country of the IATA Cargo Agent.

‘CASS-EXPORT MANUAL FOR AGENTS’ means the‘CARGO AGENT’S HANDBOOK’ (sometimes called Manual published in a particular country or group of coun-‘the Handbook’) means the publication, issued on the tries for where there is a CASS, in accordance with theauthority of the Director General, containing the IATA instructions contained in Attachment ‘A’ to ResolutionResolutions, associated regulations derived therefrom 851 as amended from time to time.and other information applicable in the Specified Coun-

‘CASS-IMPORT’ means the Cargo Accounts Settlementtries listed in the Handbook.System of billing and collection at destination, applicable

‘CARGO EXECUTIVE COUNCIL’ means a council in respect of recipients of inbound air cargo consign-consisting of representatives of Airlines of the country or ments, described in Resolution 853 and the Attachmentsgroup of countries as appropriate and representatives of thereto.the recognized national association of agents convened

‘CASS-IMPORT AIRLINE’ (sometimes referred to asto assist the Cargo General Assembly in the performanceAirline where the context permits) means both an IATAof its functions.Member participating in the CASS-Import and a non-

‘CARGO GENERAL ASSEMBLY’ means an assembly IATA air carrier which is a Participant in the CASS-Import.of Airlines to which the Cargo Agency Conference has

‘CASS POLICY GROUP’ referred to as “CPG”, is estab-delegated authority over certain provisions of the Cargolished by the Cargo Committee to provide direction toAgency Programme.IDFS on CASS matters; and be responsible for providing

‘CARGO GENERAL SALES AND SERVICE AGENT’ advice to IDFS Management on all matters relating to(sometimes referred to as ‘GSSA’) means a Person who the functional management and operation of CASS.has been delegated general authority in respect of cargo

‘CONDITIONS OF CARRIAGE’ means the rules addi-sales for the appointing Member, either directly ortional to the Conditions of Contract, governing the rela-through Subcontraction.tionship between the customer and the Carrier, such as

J ‘CARGO INTERMEDIARY AGREEMENT’ means the acceptability of goods, packing and marking, rates andEuropean Air Cargo Programme Agreement in the form charges, documentation, compliance with governmentprescribed in Resolution 805zz, Attachment ‘A’, as requirements and customs formalities, etc.amended from time to time, and the Cargo Intermediary

‘CONDITIONS OF CONTRACT’ means the contents ofAgreement – Australia in the form prescribed inthe Carrier’s notices advising passengers and shippers,Resolution 823, as amended from time to time.among other things, that liability may be limited by the

‘CARGO PROCEDURES CONFERENCES’ is the Warsaw Convention and related Protocols.collective denomination of the Cargo Agency Conference

‘CONFERENCE’ means the Cargo Agency Conferenceand the Cargo Services Conference.of IATA.

‘CARGO SERVICES CONFERENCE’ means the‘DELIVERY COMPANY’ means any Member, Airline orpermanent Conference of Members established by IATA,Ground Handling Company that participates in a particu-to take action on matters which facilitate and improvelar CASS-Import.the processing of air cargo through standardization of

procedures, data exchanges and systems while maxim- ‘DIRECTOR GENERAL’ means the Director General ofizing benefits to customers, participating Carriers, indus- IATA or his authorised representative.try and associated parties. ‘EUROPEAN AIR CARGO PROGRAMME’ (sometimes‘CARRIER’ (as used in Reso. 801a) is the IATA Member referred to as “EACP”) means the European air cargothat has entered into an agreement with an IATA Cargo distribution system managed by IATA in support of theAgent, in the form of a Cargo Agency Agreement adopted Cargo Intermediary Agreement.by the Cargo Agency Conference. ‘EUROPEAN AIR CARGO PROGRAMME OPERA-

TIONS HANDBOOK’ (sometimes referred to as the‘CASH BASIS’ means the suspension of the credit rela-tionship between the Member and the Agent or between “Handbook”) means the manual published under the

auspices of the EACP by the Joint Council. It containsany other CASS-Export Airline and the Agent in respectof transactions made under the Cargo Agency the rules, regulations, IATA Conference Resolutions,

instructions and procedures applicable to the partiesAgreement.

158

c Resolution 823

actions under the Cargo Intermediary Agreement and is ‘LATIN AMERICA AND THE CARIBBEAN’ is the areacomposed of Anguilla, Antigua and Barbuda, Argentina,revised and reissued as required.Aruba, Bahamas, Barbados, Belize, Bermuda, Bolivia,‘EUROPEAN AIR CARGO PROGRAMME RULES’Brazil, Cayman Islands, Chile, Colombia, Costa Rica,(sometimes referred to as the “EACP Rules”) means theCuba, Dominica, Dominican Republic, Ecuador, Elvarious IATA Resolutions, rules and procedures adoptedSalvador, Falkland Islands/Malvinas, French Guiana,by the Cargo Agency Conference, as well as provisionsGrenada, Guadaloupe, Guatemala, Guyana, Haiti,established by the European Joint Council pursuant toHonduras, Jamaica, Mexico, Montserrat, Netherlandsthe authority delegated to it by the Cargo Agency Confer-Antilles, Nicaragua, Panama, Paraguay, Peru, St Kitts-ence, published in the EACP Handbook, which appliesNevis, St Lucia, St. Vincent and the Grenadines,in the specified country of the IATA Cargo Intermediary.Surinam, Trinidad and Tobago, Turks and Caicos

‘FULL PARTICIPANT’ means a CASS-Export or CASS- Islands, Uruguay, Venezuela, Virgin Islands (British).Import participant that submits to the Settlement Office

‘LOCAL CUSTOMER ADVISORY GROUP-CARGO’,Air Waybill or other accounting transaction data in paperalso referred to as LCAGC, is established by the Cargoform.Agency Conference, and provides advice to ISS

‘GROUND HANDLING AGENT (GHA)’ means any Management on customer service issues and, in particu-person, appointed by one or more air carriers to carry lar, establishing and addressing local needs.out cargo handling, storage and preparation of freight

‘LOCAL CUSTOMER SERVICES MANUAL — CASSfor collection by the consignee and other activities for(IMPORT/EXPORT)’ means the Manual published in ainbound freight in the area covered by the CASS-Import.particular country or group of countries for which there

‘HANDBOOK FOR CARGO AGENTS’ (see ‘CARGO is a CASS in accordance with Appendix ‘H’ to ResolutionAGENT’S HANDBOOK’). 851 and Appendix ‘G’ to Resolution 853, as amended

from time to time.Y ‘HEAD OFFICE LOCATION’ means the IATA CargoAgent’s principal place of business. ‘MEMBER’ means a Member of IATA.

‘HINGE ACCOUNT’ means the account opened by the ‘PARTICIPATING AIRLINES’ means a Member particip-ISS Management with the Settlement Office for a given ating, or a non-IATA carrier participating in the Cargoperiod of settlement, used to receive CASS remittances Accounts Settlement System of a country/area.and to pay out monies due.

‘PERSON’ means an individual, partnership, firm, asso-‘IATA’ means the International Air Transport Associ- ciation, company or corporation.ation, incorporated by Special Act of the Canadian Parlia-

‘PRINCIPAL’ as used in Resolution 871 means anment, having its Head Office at 800 Place Victoria,appointing Member, or in the case of Subcontraction, theMontreal, in the Province of Quebec, Canada and anoriginal appointing Member.office at 33 Route de l’Aeroport, 1215 Geneva 15 Airport,

Switzerland. ‘READY FOR CARRIAGE’ refers to consignments whichmeet the requirements as set forth in Resolution 833‘IATA CARGO AGENT’ (see ‘AGENT’).entitled ’Ready for Carriage Consignments’.

J ‘IATA CARGO INTERMEDIARY’ means a freight‘RECIPIENT’ means any person who is party to a CASS-forwarder or Cargo Agent, which has executed an IATAImport Recipient agreement in accordance with the termsCargo Intermediary Agreement having been adjudged toof Resolution 853.have met the registration and retention criteria of the

European Air Cargo Programme rules, or the South West ‘RESOLUTION, IATA’ means a formally adopteddecision of an IATA Traffic Conference, promulgated asPacific Cargo Agency Programme.such.‘IATA RESOLUTION’ means a formally adopted

decision of an IATA Traffic Conference, promulgated as ‘SETTLEMENT OFFICE’ means the institution which,where there is a CASS, is responsible for issuing billings,such.receiving remittances and distributing the monies to the‘IMPORT CHARGES’ means charges entered on an Airparties entitled thereto.Waybill at origin or in transit to be collected at destination

and any charges incurred at destination and accruing to ‘SOUTH WEST PACIFIC’ is the area composed ofAustralia, Cook Islands, Fiji, French Polynesia, Kiribatithe Airline.(Canton and Enderbury Islands), Nauru, New Caledonia‘INTERMEDIARY’ (see definition for ‘IATA Cargo(including Loyalty Islands), New Zealand, Niue, PapuaIntermediary’).New Guinea, Samoa/Independent State of, Solomon

‘ISS MANAGEMENT’ means the appropriate depart- Islands, Tonga, Tuvalu, Vanuatu, Wallis and Futunament of IATA responsible for the administrative and Islands.operational functions of the IATA Settlement Systems, ‘SPECIFIED COUNTRY’ means the country for whichsuch as ISS budgets (cost and revenues), ISS staffing,

an IATA Cargo Agent has been listed by the AgencyISS contracts (service agreements) to include signatureAdministrator, where such agent may conduct businessauthority and ISS office management and administration.as an IATA Cargo Agent.This includes the local designated ISS representative for

Cargo, who shall have overall responsibility for the ‘SUBCONTRACTION’ means the delegation of generalauthority in respect of Cargo sales for appointingCASS-Export or the CASS-Import.

159


Member(s) by a Cargo General Sales and Service Agent RESOLUTION 831to another party by virtue of an agreement which shallbe subject to the conditions of Resolution 871 and the CONSEQUENCES OF VIOLATION OFprior written authority of the original appointing Member. AIR WAYBILL COMPLETION‘TRAFFIC CONFERENCE’ means a Conference of PROCEDURESMembers established by IATA under the Provisions for

CAC1(16)831(except USA) Expiry:Indefinitethe Conduct of IATA Traffic Conferences, whether it beCAC2(16)831a Cargo Tariff Coordinating Conference or a CargoCAC3(16)831 Type: BProcedures Conference.WHEREAS it is in the interest of the industry that consumers‘TRIP AUTHORISATION’ means a written documenthave access to a maximum, number of Air Waybill issuanceissued by the Agency Administrator to an Agent to beoutlets; andpresented to the Member when applying for reduced fare

transportation under the provisions of Subparagraph 5.1 WHEREAS IATA Members have accordingly depositedof Resolution 881. stock of their Air Waybills with Cargo Agents to better serve

the Shippers; and‘USA’ means the 50 States, the District of Columbia, theCommonwealth of Puerto Rico and possessions of the WHEREAS custody and completion of such Air WaybillsUnited States of America in Area 1 and Area 3. are governed by Members’ rules and the procedures

described in the Cargo Agent’s Handbook and the AirWaybill Handbook, copies of which are provided to CargoAgents by the Agency Administrator and compliance withwhich is mandatory upon each Cargo Agent under the termsof the Cargo Agency Agreement; it is

RESOLVED that,

1. all Cargo Agents be reminded that, practices such asthose listed below, violate the governing conditions referredto above. They harm Members’ legitimate interests and canaccordingly result in action being taken under the provisionsof the Cargo Agency Rules and the Cargo AgencyAgreement:

1.1 entering incorrect weight on an Air Waybill therebycausing losses in revenue to Members;

1.2 entering inapplicable commodity item number,resulting in carriage at less than the applicable rate;

1.3 failing to enter chargeable weight and relevant dimen-sions (when applicable) thus causing revenue losses toMembers;

1.4 entering incorrect or incomplete description of goodsthereby allowing carriage at less than the applicable rate;and in the case of dangerous goods endangering the safetyof aircraft, crew and passengers;

1.5 failing to enter the complete contact address of theconsignee including telephone number in case of “SpecialCargoes”, thereby causing non-delivery of such shipmentsin due course;

1.6 entering amounts in the “Due Agent” prepaid box inexcess of what is agreed locally without breakdown of suchamounts.

2. in this Resolution the use of words and expressions inthe singular shall, where the context so permits, be takento include their use in the plural and vice versa.

160

c Resolution 833

3.1.3 in the event that a Member shall come into posses-RESOLUTION 833sion of information indicating a misrepresentation or viola-tion of the IATA Dangerous Goods Regulations, includingREADY FOR CARRIAGEthe Shipper’s Declaration, by an IATA Cargo Agent, suchCONSIGNMENTSMember shall promptly give notice of such misrepresenta-

CAC1(33)833(except Expiry:Indefinite tion or violation to the Agency Administrator who shall fileUSA) (amended) a complaint against the IATA Cargo Agent, pursuant to theCAC2(33)833 (amended) Type: B appropriate provisions of the Cargo Agency Rules;CAC3(33)833 (amended) J 3.2 consignments delivered to a Member shall beRESOLVED that, prepared ready for carriage in accordance with security

control instructions provided by the National Authority and1. an IATA Cargo Agent shall deliver (or arrange for deliv-additional instructions provided by the Member.ery of) consignments to a Member ready for carriage.

2. as used in Resolutions the following requirements shall Y 4. SECURITY ADHERENCEhave been met in order to render a consignment ‘ready forconsignments delivered to a Member shall be preparedcarriage’:ready for carriage in accordance with security control

2.1 the Air Waybill shall be issued in accordance with instructions provided by the National Authority and addi-Resolution 600a, accurate and complete in all respects; not tional instructions provided by the Member.more than the following parts shall be removed from the AirWaybill set by an IATA Cargo Agent:

2.1.1 original 3 (for shipper)

2.1.2 copy 8 (for Agent)

2.1.3 original 1 (for issuing carrier) where required by theMember whose Air Waybill is issued;

2.2 disbursement amounts if any and applicable chargesshall be entered on the Air Waybill in accordance withResolution 614;

2.3(a) all documents necessary for:

2.3(a)(i) determining the nature of the goods, and

2.3(a)(ii) for the transport of each consignment, includingthose required by any governmental body,

2.3(b) shall be completed and accompany the Air Waybill;

2.4 where the Agent and a Member have agreed that AirWaybill data with respect to the consignment shall be trans-mitted via electronic means by the Agent to the Member,the Agent shall transmit such data so as to reach theMember prior to tender of the consignment to the Member’spoint of acceptance;

2.5 the contents of each consignment shall be properlypacked so as to withstand all conditions normally incidentalto transportation and where appropriate comply with theprovisions of the IATA Dangerous Goods Regulations;

2.6 all packages of each consignment shall be markedand labelled in accordance with Resolutions 600, 606, 607and where appropriate with the IATA Dangerous GoodsRegulations;

2.7 the labelling and marking on all packages shall be fullyvisible and all old labels and markings shall be obliterated.

3. DANGEROUS GOODS3.1/3.1.1 all consignments containing dangerous goodsshall comply with the IATA Dangerous Goods Regulations;

3.1.2 Shipper’s Declaration, duly signed and completed,as set forth in the IATA Dangerous Goods Regulations, shallbe provided by the shipper or his authorised agent; mixedconsignments which include dangerous goods shall complywith the provisions of Resolution 600;

161


RESOLUTION 833a RESOLUTION 851SECURITY MEASURES FOR INTENDED CARGO ACCOUNTS SETTLEMENTCONSOLIDATED CONSIGNMENTS SYSTEMCAC1(33)833a(except USA) Expiry:Indefinite CAC1(33)851(except USA) Expiry:IndefiniteCAC2(33)833a (amending)CAC3(33)833a Type: B CAC2(33)851 (amending)

CAC3(33)851 (amending) Type: BJ WHEREAS Resolution 833 requires that consignmentsdelivered to a Member shall be prepared ready for carriage WHEREAS the 1998 IATA Annual General Meeting agreedin accordance with security control instructions provided by to restructure the IATA Industry Settlement Systems andthe National Authority and additional instructions provided has approved the establishments of IATA Distribution andby the Member and, Financial Services (hereafter referred to as “IDFS”), as an

IATA division responsible to the IATA Board of GovernorsJ WHEREAS the spirit of recently introduced air securityfor the Management and efficient operation of this businessmeasures require that no detail of carrier or flight in respectactivity and to that end has authorised changes in theof a consolidated consignment be released, other than asmanagement and operation of the IATA Industry Settlementpermitted by any national authority security directive, andSystems (hereafter referred to as “ISS”), and

WHEREAS the terms ‘consolidated consignment’ andWHEREAS it is therefore necessary to recognise the“known shipper” as defined in the relevant Recommendedresponsibility of IDFS for all ISS administration and opera-Practices of the Cargo Services Conference are reflectedtional functions, such as:in the IATA Cargo Agent’s Handbook, it is therefored ISS budgets (cost and revenues)RESOLVED thatd ISS staffing

1. an IATA Cargo Agent shall: d ISS contracts (service agreements) to include signatureauthority1.1 not distribute printed or otherwise published consolida-

d ISS office management and administrationtion schedules for general distribution showing plannedcarriers and flights; And further to recognise that ISS matters will be supervised

by the IATA Board of Governors, andJ 1.2 not communicate by any means, other than as permit-ted by National Authority security directives, the identity of WHEREAS the IATA Board of Governors has charged thethe planned carrier or flight. Cargo Committee to provide advice and guidance to the

Board on all Cargo settlement matters, and

WHEREAS the IATA Cargo Committee has established aCASS Policy Group (hereinafter referred to as “CPG”) toEditorial Note: These are the definitions referred toprovide policy direction to IDFS on CASS matters and toabove:provide advice to IDFS Management on all matters relating‘CONSOLIDATED CONSIGNMENT’ a consignment ofto the functional management and operation of CASS;multi-packages which has been originated by more thanWHEREAS it is recognised that the terms of reference andone person each of whom has made an agreement foractivities of the CPG are to:carriage by air with another person other than a sched-

uled air carrier. Conditions applied to that agreement d Provide a CASS consultative forum between IDFSmay or may not be the same as conditions applied by Management and Member airlinesthe scheduled air carrier for the same carriage. d Formulate a global representation policy‘KNOWN SHIPPER’ means any entity who conducts d Develop the CASS cost sharing formula and CASSbusiness with a carrier, an agent or a freight forwarder pricing policyand provides security controls that are accepted by the d Develop a CASS country development planappropriate authority and/or carrier in respect of cargo, d Approve the commencement of all new feasibility studiescourier and express parcels, and mail. and appoints CASS feasibility study groups to work with

IDFS Management in the preparation of feasibility studyreports

d Review reports received from the Local Customer Advis-ory Groups

d Monitor local CASS member costsd Review the CASS budgets on a consultative basis

WHEREAS it is further recognised that in the event of anydisagreement or dispute between the CPG and IDFS, suchdispute shall be referred to the Cargo Committee;

WHEREAS ISS Management shall operate in accordancewith the IATA Settlement Systems Service ProvisionsManual, the CASS Technical Specifications Handbook andthe Local Customer Services Manual which describe theprovision of services in the operating CASSs;

162

c Resolution 851

WHEREAS the Cargo Agency Conference (hereafter 4.3 a Member’s participation shall be dependent on itcontinuing to meet financial criteria established by thereferred to as “the Conference”) exercises authority and

responsibility over the IATA Cargo Agency Programme, Conference, if any;including the relationship between Airlines and Agents, and

4.4 upon joining a CASS, a Member must sign a Counter-WHEREAS Cargo Accounts Settlement Systems (CASS) indemnity Agreement with IATA as prescribed inhave been introduced. Appendix ‘C’ to this Resolution. Where a current signed

counter-indemnity is in place, the changes specified inIt is hereby RESOLVED that,Appendix ‘C’ are deemed to be incorporated therein;

1. CARGO AGENCY CONFERENCE 4.5 once a Member has joined a CASS, it may elect amode of Participation, Billing or Full, as defined in Resolution1.1 The Conference is responsible for, amongst other823 “Definitions of Terms Used in Cargo Agencythings, setting CASS technical standards, together withResolutions”.corresponding changes to Standard forms used in the

operation of the CASS. These are published in the CASSTechnical Specifications Handbook, Attachment A, which 5. PARTICIPATION BY AGENTSconstitutes part hereof;

Where a CASS-Export has been adopted for a given coun-1.2 amendments to the CASS Technical Specifications try/area, then:Handbook shall be subject to agreement by the Conference,

J 5.1 effective from the date of implementation, all Agentshowever, should the CASS Policy Group (CPG) recommendin that country/area shall be governed by the provisions ofaction be taken on a particular amendment(s) betweenSection 2 of Resolution 801r (except for countries whereConferences, ISS Management shall publish the proposedResolution 805zz has been implemented) with respect toamendment(s) in writing to all Members. If no protest istransactions made on behalf of CASS-Export Airlines;received from any Member within 45 days of the publication

of the amendment(s), the amendment(s) will be deemed 5.2 where a CASS is implemented, the Agency Adminis-endorsed and the CASS Technical Specifications Handbook trator shall so advise all Agents affected.will be amended accordingly. In the event of a protest, thereasons therefore shall be given in writing and the protested

6. CASS ASSOCIATESamendment will be reconsidered at the next meeting of theCPG with a view to overcoming the reasons for disagree- 6.1 The Cargo Agency Conference may decide thatment. In the event of continuing disagreement, the matter charges due on consignments tendered by persons othershall be referred to the Conference for final action. than Agents are to be collected in a particular CASS in

accordance with the provisions implemented thereof. Such2. LOCAL CUSTOMER ADVISORY Conference decision shall provide for billing and remittanceGROUPS — CARGO (LCAGC) periods not less frequent than those applicable to Agents

participating in the CASS-Export concerned. If such an2.1 the Conference has established Local Customeragreement is effective, then a person other than an AgentAdvisory Groups — Cargo (LCAGC) in countries wherevermay become a CASS Associate and participate in thea CASS is in operation, to provide advice to ISS Manage-CASS-Export provided that such person:ment on local customer service issues and to co-ordinate

local needs; 6.1.1 abides by financial obligations to settle through thesystem in accordance with Resolution 801r, and be spon-2.2 the Conference determines the procedures for estab-sored by a CASS carrier. If any other requirement is locallylishing the membership of the LCAGC;recommended, it should be submitted to the Cargo Agency

2.3 the Rules and Procedures for the LCAGC, as agreed Conference for endorsement prior to application;by the Conference, are contained in Appendix ‘B’ to thisResolution and constitute part hereof. 6.1.2 signs an agreement in the form specified in Appen-

dix ‘D’ to this Resolution and pays the participation feesdetermined by ISS Management from time to time;3. FEASIBILITY STUDY –

IMPLEMENTATION OF A CASS 6.2 the Agency Administrator, after confirming the applic-ant meets the applicable criteria, signs the agreement onThe Head Office of any Member, or group of Members,behalf of all Airlines participating in that CASS and shallmay request ISS Management to initiate a feasibility study,then issue to the applicant a CASS Associate code number;respecting CASS implementation.

6.3 such number may only be used as long as the Associ-4. PARTICIPATION BY MEMBERS ate continues to meet the local qualifying criteria and has

paid all applicable fees;4.1 Participation by IATA Members in any CASS is volun-tary. IATA Members may join at the inception of a CASS 6.4 further to Paragraphs 6.1 and 6.1.1 above, where aor may join at a later date by paying the applicable joining decision regarding Associate participation or applicablefee set by ISS Management; criteria is required between Conferences, a mail vote may

be initiated. Providing unanimous support for the proposal4.2 participation in any CASS shall be dependent on theMember continuing to pay the appropriate charges for those is received, the proposal shall be adopted. Failure to vote

will be deemed to be an abstention. Abstentions shall countservices that have been provided to the Member in connec-tion with the operation of that CASS; as positive votes.

163


8.4 participation in any CASS shall be dependent on the7. PARTICIPATION BY NON-IATAGSSA continuing to pay the appropriate charges for thoseAIR CARRIERSservices that have been provided to the GSSA in connection

7.1 A non-IATA air carrier (an Airline), having lodged its with the operation of that CASS;own Air Waybills with Agents, may request participation in

8.5 upon joining a CASS, a GSSA must sign a Counter-a given CASS by submitting to the Agency Administrator aindemnity Agreement with IATA, as prescribed inForm of Application and Concurrence, in which, amongstAppendix ‘C’ to this Resolution;other things, they agree to be bound by the applicable Cargo

Agency Resolutions. The Form is prescribed in Appendix ‘E’ 8.6 once a GSSA has joined a CASS, it may elect a modeto this Resolution; of Participation, Billing or Full, as defined in Resolution 823

“Definitions of Terms Used in Cargo Agency Resolutions”.7.2 upon acceptance by the Agency Administrator, theAirline agrees;

9. IATA SETTLEMENT SYSTEM7.2.1 to pay the applicable joining fees set by ISSSERVICE PROVISIONS MANUALManagement;ISS Management, in consultation with the CPG, shall7.2.2 to contribute to the management and other costs ofproduce an IATA Settlement System Service Provisionssuch CASS as set by ISS Management;Manual containing terms, conditions and codes of conduct

7.2.3 to meet the financial criteria established by the of CASS operations applicable in all areas. The CPG willConference, if any; be responsible for the content of the Manual, however it

shall at all times be in conformity with applicable IATA7.3 participation in any CASS shall be dependent on theResolutions.Airline continuing to pay the appropriate charges for those

services that have been provided to the Airline in connection10. LOCAL CUSTOMER SERVICESwith the operation of that CASS;MANUAL7.4 upon joining a CASS, an Airline must sign a Counter-

indemnity Agreement with IATA as prescribed in Wherever a CASS has been implemented, ISS Manage-Appendix ‘C’ to this Resolution; ment shall produce a Local Customer Services Manual,

containing local terms, conditions and codes of conduct of7.5 once an Airline has joined a CASS, it may elect athe local CASS operation. The Cargo Agency Conferencemode of Participation, Billing or Full, as defined in Resolutiondelegates the authority for the contents of this Manual to823 “Definitions of Terms Used in Cargo Agencythe Local Customer Advisory Groups Cargo (LCAGC), forResolutions”.subsequent endorsement by the CPG. The contents of thisManual shall be in conformity with applicable IATA Resolu-8. PARTICIPATION BY GENERAL tions and are described in Appendix H.

SALES AND SERVICE AGENTS(GSSAs) 11. VOLUNTARY TERMINATIONFor the purpose of this Paragraph, the term ‘General Sales A Member, Airline or GSSA may withdraw from a particularand Service Agent (GSSA)’ shall also include any Person CASS by giving written notice of not less than 3 monthsappointed by one or more air carriers to carry out accounting and shall be liable for its share of all costs through to thefunctions in respect of cargo sales transactions made by end of the notice period, except that a GSSA’s participationAgents on behalf of such carrier(s), but not performing sales in a CASS may be terminated when the Member appointingreservations functions: the GSSA has notified the Agency Administrator, in accord-

ance with Resolution 871, with not less than three calendar8.1 a General Sales and Service Agent (GSSA), appointedmonths’ notice in writing that they have terminated theirby air carriers which have lodged their own Air Waybillsappointment of the GSSA.with Agents, may request participation in a given CASS by

submitting a Form of Application and Concurrence to theAgency Administrator. The form, prescribed in Appendix ‘F’ 12. AIRLINE SUSPENSION OFto this Resolution, amongst other things, binds the applicant OPERATIONSto the Cargo Agency Administration Rules;

12.1 Reasons for Suspension8.2 the appointing Member or Airline shall be requested

Where an Airline participating in a CASS (“the Airline")to confirm the appointment by submitting a Form of Author-ceases operations, due to financial or other reasons, orisation. This form is described in Appendix ‘G’ to thiswhere the Airline becomes subject to formal bankruptcy orResolution;reorganisation proceedings, ISS Management shall

8.3 upon acceptance by the Agency Administrator, the suspend the Airline from CASS operations.GSSA agrees;

8.3.1 to pay the applicable joining fees set by ISS 12.2 Action by ISS ManagementManagement; When an Airline ceases operation, ISS Management will8.3.2 to contribute to the management and other costs of continue to collect and settle monies due to such airline insuch CASS as set by ISS Management; accordance with the settlement office procedures.

An Agent or Associate (or in Europe, an Intermediary) would8.3.3 to meet the financial criteria established by theConference, if any; not be expected to settle any amount in respect of an air

164

c Resolution 851 — Appendix ‘B’

waybill of an airline that has ceased operations, where as RESOLUTION 851a direct consequence of such cessation of operations, theconsignment has not been transported in accordance with Appendix ‘B’the original shipping instructions. In this case the normalCASS dispute procedures apply. RULES AND PROCEDURES LOCAL

CUSTOMER ADVISORY GROUPS12.3 Lifting of Suspension CARGO (LCAGC)If the Airline resumes its operations or the reorganisationproceedings terminate, and the Airline continues or resumes

1. Functionoperations, ISS Management shall lift the suspension.

Local Customer Advisory Groups – Cargo (LCAGC) are13. TIE-IN established by the Cargo Agency Conference wherever a

CASS is in operation. Each LCAGC provides advice to ISSThis Resolution shall not come into or remain in effect unlessManagement on customer service issues and in particular,Resolution 853 comes into and remains in effect.establishing and addressing local needs.(Attachment ‘A’ is the CASS Technical Specifications Hand-

book and is published separately).2. MembershipAppendices:The LCAGC will normally consist of not more than 10Appendix A: Intentionally left blankpersons. The Cargo Agency Conference may authorise a

Appendix B: Local Customer Advisory Group – Cargo, larger number, following a request from an area. LCAGCRules and Procedures members and their designated alternates shall be elected

for a two-year term by all Participating Airlines in that CASS,Appendix C: Counter Indemnityfrom nominations received from these Participating Airlines.Appendix D: Associate AgreementIdeally, LCAGC members should be suitably qualified

Appendix E: Application and Concurrence – Non-IATA representatives at a senior level, providing expertise in theCarrier different fields of the CASS activity. LCAGC members attend

LCAGC meetings as local industry representatives.Appendix F: Application and Concurrence – GeneralSales Agent

3. Meetings, Quorum and VotingAppendix G: Form of Authorisation

Appendix H: CASS-Export Local Customer Services The frequency of meetings is determined by ISS Manage-Manual – CASS (Import/Export) Contents Outline ment, in consultation with CPG or the LCAGC. A quorum

shall be a simple majority (one half plus one) of the member-ship. Each LCAGC is a consultative body and thereforethere will be no formal voting. LCAGC will act in the formof making recommendations. Each LCAGC will elect itsChairman from among its members. The local ISS Managerwill act as Secretary of these meetings. Other ParticipatingAirlines in the CASS may attend meetings as observers,subject to the prior consent of the CAGC Secretary. Repres-entatives of non-airline entities participating in that CASSmay attend certain parts of a CAGC meeting, at the invitationof its Chairman and ISS Management. Additionally, thelocal/regional ISS Manager may call a customer meeting,at least once per year.

4. Activities

ISS Management may typically consult a LCAGC for:

— advice, as a user forum, on all local matters presentedto it by ISS Management, concerning the local operationof CASS;

— advice to the local ISS Manager on the establishment oflocal CASS business requirements and enhancements,especially where differences from worldwide policy andstandards are sought;

— guidance to the local ISS Manager, concerning:marketplace activities and development opportunities,and other local/area needs;

— other matters, as appropriate.

165


5. Agenda and ReportsThe Agenda of each LCAGC shall consist of customerservice issues on which ISS Management seeks the adviceof the LCAGC, or proposals submitted by ParticipatingAirlines. It shall be circulated by the LCAGC Secretary notlater than 10 days before the start of the meeting. The reportof LCAGC meetings shall be submitted to the CPG andcirculated promptly by the Secretary to LCAGC Members,and all Participating Airlines. The Secretary of the LCAGCwill provide a regular update on action taken pursuant torecommendations from the LCAGC.

166

c Resolution 851 — Appendix ‘C’

RESOLUTION 851Appendix ‘C’

COUNTERINDEMNITY AGREEMENT

Relating to the Operation of CASS-Export/CASS-Import Bank Accounts by IATA

(“Single Counterindemnity – CASS”)

Agreement entered into:

between ....................................................................................................

having its registered office at ...................................................................

(Name of Airline or GSSA*) .....................................................................

(full address) ............................................................................................

hereinafter called “the CASS-Export/CASS-Import Airline”

and

the International Air Transport Association (IATA), a non-profit corporation under Canadian Law, having its registered officeat 800 Place Victoria, IATA Building, Montreal, Quebec, H4Z 1M1, hereinafter called “IATA”.

WHEREAS the CASS-Export/CASS-Import Airline, jointly with other CASS-Export/CASS-Import Airlines participating in thesame respective Cargo Accounts Settlement System or Cargo Accounts Settlement System – Charges Collectable atDestination (“CASS-Export/CASS-Import”), has considered it desirable that IATA operates and maintains certain CASS-Export/CASS-Import bank accounts (including a “Hinge Account” for clearing services) on its behalf, and

WHEREAS IATA has agreed to provide such service subject to the CASS-Export/CASS-Import Airline and other such airlinesproviding a Counterindemnity relating to the risks arising therefrom.

IT IS THEREFORE AGREED AS FOLLOWS:

1.a. Definitions

For the purposes of this Agreement, the term “Hinge Account” shall mean the bank account into which Agents’/Associates’/Recipients’ remittances are paid and from which monies are distributed to CASS-Export/CASS-Import Airlines;

1.b. Applicability

This Agreement applies to all bank accounts established and operated in the name of IATA on behalf of a CASS-Export/CASS-Import for the purpose of operating through the Settlement Bank clearing services or administrative or other associatedservices, for the benefit of the CASS-Export/CASS-Import Airline and other carriers participating in the respective CASS-Export/CASS-Import.

2. Indemnity

The undersigned CASS-Export/CASS-Import Airline will indemnify IATA, its officers and employees, against any liability andcosts, for any action taken or omitted in good faith in the performance of the operation of the Clearing (Hinge) Account orother accounts mentioned in Paragraph 1 above, or arising in any other way from the operation of these accounts. Suchliability may include, inter alia, shortfalls caused by under-remittance or non-remittance by Agents/Associates/Recipients incases where the Settlement Bank has credited the CASS-Export/CASS-Import Airlines, in anticipation of full and timelyremittance by the Agents/Associates/Recipients. In case of such under-remittance or non-remittance, the undersigned CASS-Export/CASS-Import Airline, when so requested by the CASS Manager, undertakes to immediately refund the correspondingamount(s) remitted to it to the CASS-Export/CASS-Import Hinge Account, and herewith acknowledges and agrees that IATAand ISS Management may take all such action, including legal action, as deemed required in this connection, both on behalfof IATA and the CASS-Export/CASS-Import and on behalf of the CASS-Export/CASS-Import Airlines concerned. In the eventof a liability arising otherwise than by way of non-remittance or under-remittance, the undersigned CASS-Export/CASS-Import Airline undertakes to pay the amount of the obligation under this Agreement within 15 days of it being called uponto do so.

167


3. Preliminary Joint IndemnificationIf it cannot be established immediately for which CASS-Export/CASS-Import Airline(s) a transaction not supported by a fullAgent/Associate/Recipient remittance was effected, the undersigned CASS-Export/CASS-Import Airline, jointly with the otherCASS-Export/CASS-Import Airlines having signed an identical agreement, shall forthwith reimburse and indemnify IATAfor any shortfalls, which shall be deemed to be CASS-Export/CASS-Import operating costs and expenses. Such cost ofreimbursement shall be reapportioned as soon as it has been established for which CASS-Export/CASS-Import Airline(s)the respective remittance has been effected, in proportion to each of the undersigned CASS-Export/CASS-Import Airline’sshare in the respective remittance.

4. Collective Binding AgreementUpon signature, the present document, in conjunction with identical documents signed by other CASS-Export/CASS-ImportAirlines and IATA, shall constitute a collective binding Agreement, which shall continue in full force and effect for as longas IATA operates any bank accounts as referred to in Paragraph 1 above, provided that if any CASS-Export/CASS-ImportAirline withdraws from a CASS-Export/CASS-Import, it shall cease to be a party to the Agreement with respect to that CASS-Export/CASS-Import. The undersigned CASS-Export/CASS-Import Airline shall nevertheless remain liable in respect of anyof its liabilities arising prior to withdrawal from the respective CASS-Export/CASS-Import or termination of IATA’s operationof respective bank accounts as referred to in Paragraph 1 above.

IN WITNESS WHEREOF, this Agreement has been executed on behalf of the Parties hereto by their duly authorised officersin duplicate, on the day and year that appears below:

For and on behalf of ........................................................ For and on behalf of:(full name of Airline or GSSA*) International Air Transport Association

Signature .......................................................................... Signature ..........................................................................(full name of person signing) (full name of person signing)

(title of person signing) .................................................... Agency Administrator .......................................................(title of person signing)

........................................................................................... ...........................................................................................(place, date) (place, date)

* A GSSA completing this agreement must do so for each CASS in which it participates.

Note: In accordance with the EXCOM decision (EXCOM/157, 28 May 1993), this Single Counterindemnity Agreement isto be signed by all airlines participating in a CASS-Export and/or CASS-Import. This one Agreement relates to all CASS-Export/CASS-Import operations in which the Airline participates.

168

c Resolution 851 — Appendix ‘D2’

RESOLUTION 851 RESOLUTION 851Appendix ‘D1’ Y Appendix ‘D2’CASS ASSOCIATE AGREEMENT CASS ASSOCIATE AGREEMENT FOR

EUROPEAN AIR CARGOPROGRAMME (EACP) COUNTRIES

Participation in the Cargo AccountsSettlement System (CASS) – (country)as a CASS AssociateAn Agreement between CASS Airlines, represented by theAgency Administrator or his authorised representative(hereinafter referred to as the “CASS Airlines” or “CASSAirline”) and

.............................................................................................(Name of CASS Associate)

having its principal office at ................................................

(hereinafter referred to as the “CASS Associate”).

WHEREAS it is in the mutual interest of the CASS Airlinesand the CASS Associate to settle amounts due on AirWaybill transactions through CASS (country).

It Is Agreed As Follows:

1. DefinitionsFor the purpose of this Agreement:

INTENTIONALLY LEFT BLANK‘Agency Administrator’ means the IATA official desig-nated by the Director General from time to time as theholder of that office, or his authorized representative.

‘CASS Airline’ means any airline that participates in theIATA Cargo Accounts Settlement System (CASS).

‘CASS Associate’ means any person, other than a regis-tered IATA EACP Intermediary, which has executed thisAgreement for settlement of money owed to CASSairlines.

‘Person’ means an individual, partnership, firm, associ-ation, company or corporation.

‘IATA’ means the International Air Transport Associ-ation, incorporated by Special Act of the Canadian Parlia-ment, having its Head Office at 800 Place Victoria,Montreal, in the Province of Quebec, Canada and anoffice at 33 Route de l’Aeroport, 1215 Geneva 15 Airport,Switzerland.

2. Compliance with CASS Rules andProceduresThe following Rules and Procedures shall apply:

the Local Customer Services Manual — CASS.

3. Authority of CASS ManagementIn all matters affecting the obligations of the CASS Associateunder this Agreement the IATA CASS Management isauthorised to act on behalf of each CASS Airline; and anydirection or request given or made to the CASS Associateby the IATA CASS Management shall be as effective as ifgiven or made by such CASS Airline.

169


4. Monies due by CASS Associate to 9. CASS Payment IntegrityCASS Airlines — Payment a) If 4 penalty points in respect of a CASS Associate in a

specific country are accumulated during any 12 consecutivea) The CASS Associate shall be responsible for themonths, the CASS Manager shall suspend such CASSpayment of any and all monies due to any CASS AirlineAssociate from CASS, pending a financial review.resulting from the issuance of any transportation documents

in the name of the CASS Airline; b) If payment is refused or cannot be obtained from aCASS Associate by the end of the grace period, the CASSb) Monies payable at origin shall be deemed due by theManager shall suspend such Associate from CASS, pendingCASS Associate to a CASS Airline when the air waybill isa financial review.executed;c) Before any Associate can be re-instated in CASS, suchc) Where the associate acts as an agent for the carrier,Associate must have settled all outstanding amounts plussuch monies shall remain the property of the CASS Airline,any pending items up to the date of reinstatement.and shall be held in trust by the CASS Associate until such

monies are paid to the CASS Airline in accordance with the d) If, following any review, the Associate is re-instated interms of this Agreement; CASS, but subsequently receives two additional penalty

points during the next 12 month period in the same country,d) The CASS Associate shall remit to the CASS Airlinesthe CASS Manager shall again suspend such Associatesuch monies at such times and under such conditions asfrom CASS, pending a further financial review.the CASS Airline may designate from time to time, in writing.e) If a CASS Associate is not re-instated in CASS, thenthe Agency Administrator may terminate this Agreement in5. CASS Billing Frequencyaccordance with Paragraph 17.

CASS Associates shall be billed by CASS Airlines in accord-f) In all cases, the CASS Code of Conduct, contained inance with local CASS procedures.the CASS Local Customer Services Manual shall be applied.

6. Payment Terms and Conditions g) The Trust provisions of Paragraph 4 c) shall be appliedto any outstanding monies owed by any CASS AssociateCASS Associates shall remit monies due in accordance withthat enters bankruptcy or receivership.the CASS remittance frequency, so as to reach the CASS

Office by the close of business on a date which shall be10. Liabilitythe 30th day following the last day of the calendar billing

period. If this date falls on a weekend or bank holiday, then IATA employees and their representatives concerned in thethe payment date shall be the first working day thereafter. administration or operation of the CASS, shall not be liableThis date shall be called the remittance date. to the CASS Associate for any loss or damage suffered by

the CASS Associate arising out of any act done or omittedDetails of exact dates and times shall be advised by CASSin good faith in carrying out their functions under this Agree-Management and reflected in the CASS Local Customerment or any other functions which they may be required toServices Manual.perform in the administration or operation of CASS-

Other governing Rules and Procedures shall be those (country).shown in the CASS Local Customer Services Manual.

11. Changes in CASS Airlines’7. Grace Period Participation StatusFrom and including the first day after the remittance date, The CASS Manager may, from time to time during the terma grace period of 10 calendar days (15 days in the UK for of this Agreement, give written notice to the CASS AssociateCASS Imports) will be allowed for any Associate to settle that the name of a CASS Airline is to be added to or deletedany outstanding amounts. from the list of CASS Airlines participating in CASS. The

CASS Airline mentioned in the notice shall become, or cease8. Irregularity to become a party to this Agreement on the date specified

in the notice.a) Irregularities in the CASS Associate’s settlement shallresult in the CASS Manager sending a “Notice of Irregularity”

12. Assignment of CASS Associate(NOI) to the CASS Associate in the form of a registeredCodeletter or e-mail. Any CASS Associate sent a NOI will be

given a penalty point(s). On the execution of this Agreement, the CASS Managershall assign an alpha/numeric code designation to the CASSb) For the purposes of recording irregularities, the follow-Associate for use on any transportation documents anding penalty point (pp) system shall be applied during theCASS administrative forms.grace period:

a) Late payment 1 pp 13. Force Majeureb) Unauthorised short payment 1 ppc) Dishonoured cheque 2 pp Neither party shall be liable for failure to perform any of its

obligations under this Agreement when such failure is dued) Rejected Direct Debit 2 ppe) Rejected electronic transfer 2 pp to fire, flood, strikes, labour troubles or other industrial

disturbances, inevitable accidents, war (declared or

170

c Resolution 851 — Appendix ‘D2’

undeclared), legal restrictions imposed by the national In witness whereofgovernment, riots, insurrections or any cause beyond the this Agreement has been executed this .............................control of the party concerned. day of ..................................... 19 .....................................

14. Assignment of Rights On behalf of the CASS Airlines by the Agency Administratoror his authorised representative:The CASS Associate shall not assign any of its rights or

obligations under this Agreement.On behalf of the CASS Associate:

.............................................................................................15. Cessation of Operations and Title:Changes in Ownership or Control

If the CASS Associate ceases (or transfers) the operationof the business to which this Agreement relates, or if anysubstantial change occurs in the control of a CASS Associ-ate which is a company or corporation, or if a change inpartners occurs in a CASS Associate which is a partnership,the CASS Associate shall, prior to the cessation, transferor change becoming effective, notify the CASS Manager.

16. Governing Law and Arbitration

This Agreement shall be governed by and interpreted inaccordance with the laws of (country) and any differenceor dispute arising between the parties with respect to theinterpretation, meaning or effect of this Agreement or relat-ing to any rights or obligations herein contained shall befinally settled by arbitration to be held in the (country), underthe rules of Conciliation and Arbitration of the InternationalChamber of Commerce by one or more Arbitratorsappointed in accordance with such Rules.

17. Termination

This Agreement shall remain in force until:

(a) Terminated by not less than one month written noticegiven by one party to the other party; or

(b) Terminated by the Agency Administrator pursuant toParagraph 9 e).

(c) Superceded by the Associate becoming a registeredIntermediary in the IATA European Air Cargo Programme(EACP).

18. Use of Records

The CASS Associate authorises the CASS Manager tomake use of the financial records of CASS- (country) inrespect of the CASS Associate in the event that the CASSAssociate applies for registration as an IATA EACPIntermediary.

19. Participation Fee

The CASS Associate shall pay any applicable fee for itsparticipation in CASS- (country) The CASS Manager willadvise if such a fee applies.

20. Effectiveness

This Agreement shall become effective on ........................

171


RESOLUTION 851Appendix ‘E’

FORM OF APPLICATION AND CONCURRENCE

To be completed by a Non-IATA Air Carrier

TO:

Agency AdministratorInternational Air Transport Association800 Place VictoriaP.O. Box 113Montreal, Quebec H4Z 1M1Canada

1. Name of Applicant: .........................................................................

Address: ..........................................................................................

.........................................................................................................

2. The Airline maintains stocks of its Air Waybills with IATA Cargo Agents in (country).

3. The Airline acknowledges that it has received inter alia copies of the following documents and IATA Resolutions,together with such explanation of their contents, as it requires:

— IATA Resolution 600a, Air Waybill;

— IATA Resolution 851, Cargo Accounts Settlement System;

— Attachment ‘A’ to IATA Resolution 851, CASS Technical Specifications Handbook;

— The ISS Service Provisions Manual Cargo;

— The Local Customer Services Manual – CASS (Export);

— IATA Resolution 801r (or Resolution 801re for EACP countries), Reporting and Remittance Procedures, Section 2;J— Cargo Agency Administration Rules; Resolution ..., Section ... and Resolution ...;

— IATA Resolution 821, Cargo Agents’ Numeric Code;

— IATA Resolution 893, Disclosing another Member’s Position taken at an IATA Meeting;

— IATA Resolution 833, Ready for Carriage Consignments.

4. The Airline hereby applies to participate in CASS (country) (hereinafter called ‘the CASS’) on the following terms andconditions:

4.1 The Airline authorises the Agency Administrator to give notice to the Settlement Office that the name of the Airline isto be added to the list of CASS Airlines in the First Schedule of the General Settlement Office Agreement.

4.2 The Airline shall become a Full Participant/Billing Participant (see Note), with effect from the date when it becomes aparty to the Settlement Office Agreement in accordance with the terms of that Agreement.

4.3 Except as otherwise provided in the Subparagraphs hereof, the Airline shall be bound by the same conditions andobligations as the other CASS Airlines. The Airline shall observe and be bound by the provisions of the documentslisted in Paragraph 3 hereof, as well as subsequent additions, deletions or amendments thereto, as though the Airlinewere a Member of IATA and a party to the Resolutions or the Sections of Resolutions set out in those documents.

4.4 The amounts for participation in CASS (country) are as follows:

a) Non-IATA Air Carrier Joining fee USD 3,500.00*

b) Non-IATA air carrier annual fee USD 500.00

* Amount determined for country by ISS Management in conjunction with CPG

172

c Resolution 851 — Appendix ‘E’

c) Annual charges in accordance with pricing schedule communicated and published by ISS Management

(all amounts, plus tax, if applicable).

The amounts specified under a) and b) above shall be payable in their entirety upon the acceptance of thepresent application by the Agency Administrator. The level of amounts for subsequent calendar years shall bethose set from time to time by ISS Management, after consideration of the operating expenses of the CASS,and shall be payable at the beginning of each calendar year. The amounts specified under c) above shall bepayable according to a payment schedule established by CASS (country).

4.5 The conditions of the Airline’s participation in the CASS may be amended by the Cargo Agency Conference from timeto time upon serving the Airline notice in writing reasonably in advance of the effectiveness of such amendment.

4.6 The Airline’s participation in the CASS shall continue until either:

4.6.1 The Airline has (through the Agency Administrator) given thirteen calendar months’ advance notice in writing to theSettlement Office of withdrawal from the General Settlement Office Agreement and such notice has become effectivein accordance with the terms of the said Agreement; or

4.6.2 The Agency Administrator, acting on the authority of at least two-thirds of those Members of IATA participating inCASS (country), has given to the Airline three calendar months’ advance notice, in writing, of termination of the Airline’sparticipation in CASS (country). In the event the Agency Administrator gives such notice, he shall at the same timegive notice to the Settlement Office of termination of the Airline’s participation in the General Settlement OfficeAgreement; thereafter the Airline shall cease to be a party to that Agreement three calendar months from the date ofthe said notice.

5. The Airline undertakes to indemnify IATA, its officers and employees against any liability (including liability for legalJcosts) for any action taken or omitted in good faith in the performance of their functions with respect to the CASSunder Section 2 of Resolution 801r (or Resolution 801re for EACP countries) and under Resolution 851 and itsAttachment.

6. This Application may be accepted, and will then become a contract binding the parties, upon counter signature by theAgency Administrator of the enclosed duplicate copy to be returned to the Airline at the address given above.

To be completed by the Airline:

Signature: .................................................................................................

Name: .......................................................................................................

Title: ..........................................................................................................

Date: .........................................................................................................

Accepted for and on behalf of IATA Cargo Accounts Settlement System by the Agency Administrator

Signature: .................................................................................................

Name: .......................................................................................................

Title: ..........................................................................................................

Date: .........................................................................................................

Notes: Indicate either “Full Participant” or “Billing Participant”.

When submitting this Form of Application and Concurrence, the Airline is to attach a copy of its current timetable.

173


RESOLUTION 851Appendix ‘F’

FORM OF APPLICATION AND CONCURRENCETo be completed by a General Sales and Service Agent (GSSA)

TO:


1. Name of Applicant: .........................................................................

Address: ..........................................................................................

.........................................................................................................

2. The GSSA represents Airlines, which maintain stocks of their Air Waybills with Agents in (country). The Airlinesrepresented are listed in Schedule 1 to this form (attached).

2.1 The GSSA may from time to time advise the Agency Administrator that the name of an airline is to be added or deletedfrom the list in Schedule 1, by submitting the “Form of Authorisation” (attached).

3. The GSSA acknowledges that it has received inter alia copies of the following documents and IATA Resolutions,together with such explanation of their contents as it requires:

— IATA Resolution 600a, Air Waybill;

— IATA Resolution 851, Cargo Accounts Settlement System;

— Attachment ‘A’ to IATA Resolution 851, CASS Technical Specifications Handbook;

— IATA Resolution 801r (or Resolution 801re for EACP countries), Reporting and Remittance Procedures, Section 2;J— IATA Cargo Agency Administration Rules: Resolution..., Section ... and Resolution...;

— IATA Resolution 821, Cargo Agents’ Numeric Code;

— IATA Resolution 833, Ready for Carriage Consignments;

— The ISS Service Provisions Manual Cargo;

— The Local Customer Services Manual – CASS (Export).

4. The GSSA hereby applies to participate in CASS (country) (hereinafter called “the CASS”) on the following terms andconditions:

4.1 The GSSA authorises the Agency Administrator to give notice to the Settlement Office that the name of the Airline isto be added to the list of Carriers in the First Schedule of the Settlement Office Agreement;

4.2 The GSSA shall become a Full Participant/Billing Participant (see Note) with effect from the date when it becomes aparty to the Settlement Office Agreement in accordance with the terms of that Agreement;

4.3 Except as otherwise provided in Subparagraph 4.6.3, the GSSA shall adhere to the procedures laid down in therelevant Resolutions and their attachments and in the CASS Manuals as if it were a “carrier” in general, and as a “FullParticipant” or “Billing Participant”, and therefore shall be bound by the same conditions and obligations as the otherCarriers of which the following are particularly brought to notice.

4.3.1 The GSSA shall observe and be bound by the provisions of the documents listed in Paragraph 3 hereof, as well assubsequent additions, deletions or amendments thereto, as though the GSSA were an Airline Member of IATA anda party to the Resolutions or the Sections of Resolutions set out in those documents;

174

c Resolution 851 — Appendix ‘F’

4.4 The amounts for participation in CASS (country) are as follows:

a) GSSA joining fee USD 3,500.00*

b) GSSA annual fee USD 500.00*

c) Annual charges in accordance with the pricing schedule communicated and published by ISS Management

(All amounts plus tax if applicable)

The amounts specified under a) and b) above shall be payable in their entirety upon the acceptance of the presentapplication by the Agency Administrator. The level of amounts for subsequent calendar years shall be those set fromtime to time by ISS Management, after consideration of the operating expenses of the CASS, and shall be payableat the beginning of each calendar year. The amounts specified under (c) above shall be payable according to apayment schedule established by CASS (country).

4.5 The conditions of the GSSA’s participation in the CASS may be amended by the Cargo Agency Conference, fromtime to time, upon serving the GSSA notice, in writing, reasonably in advance of the effectiveness of such amendment.

4.6 The GSSA’s participation in the CASS shall cease:

4.6.1 Only when the GSSA has given thirteen months’ advance notice, in writing, to the Settlement Office (through theAgency Administrator) of withdrawal from the Settlement Office Agreement and such notice has become effective inaccordance with the terms of the said Agreement;

4.6.2 Only when the Member(s) appointing the GSSA has (have) notified the Agency Administrator, in accordance withResolution 871, with not less than three calendar months’ notice, in writing, that they have terminated their appointmentof the GSSA;

4.6.3 The Agency Administrator, acting on the authority of at least two-thirds of those Members of IATA participating in theCASS, has given to the GSSA three calendar months’ advance notice, in writing, of termination of the GSSA’sparticipation in the CASS. In the event the Agency Administrator gives such notice, he shall at the same time notifythe Settlement Office of termination of the GSSA’s participation in the Settlement Office Agreement; thereafter theGSSA shall cease to be a party to that Agreement three calendar months from the date of the said notice.

5. The GSSA undertakes to indemnify IATA, its officers and employees against any liability (including liability for legalJcosts) for any action taken or omitted in good faith in the performance of their functions with respect to the CASSunder Section 2 of Resolution 801r (or Resolution 801re for EACP countries) and under Resolution 851 and itsAttachment.

6. This Application may be accepted, and will then become a contract binding the parties, upon counter signature by theAgency Administrator of the enclosed duplicate copy to be returned to the GSSA at the address given above.

To be completed by the GSSA:

Signature: .................................................................................................

Name: .......................................................................................................

Title: ..........................................................................................................

Date: .........................................................................................................


Signature: .......................................................................................

Name: .............................................................................................

Title: ................................................................................................

Date: ...............................................................................................

Note: Indicate either “Full Participant” or “Billing Participant”


175


RESOLUTION 851Appendix ‘G’

FORM OF AUTHORISATION

To be completed by an IATA Member Airline

STATEMENT BY PRINCIPAL AIRLINE *

FOR GSSA ACTING ON THEIR BEHALF TO PARTICIPATE IN CASS (country)

TO:


Name of Airline: .......................................................................................

Address: ...................................................................................................

...................................................................................................................

a) hereby authorises (name of GSSA applicant) to act on its behalf in the collection and payment of all amounts settledthrough the Cargo Accounts Settlement System of (country) to which the above-named GSSA is applying to becomea Full Participant/Billing Participant (see Note);

b) confirms that, in conformity with Resolution 871, Paragraph 8., it:

i) has notified the Agency Administrator of the name and address of the GSSA, the effective date of the appointmentand the GSSA territory;

ii) shall notify the Agency Administrator of any subsequent changes to the appointment affecting the information inthe original notification.

Signature: .................................................................................................

Name (in print): ........................................................................................

Title: ..........................................................................................................

Date: .........................................................................................................

Note: Indicate either “Full Participant” or “Billing Participant”

* A separate authorisation should be provided for each airline represented by the GSSA

176

c Resolution 851 — Appendix ‘G’

FORM OF AUTHORISATION


STATEMENT BY PRINCIPAL AIRLINE *

FOR GSSA ACTING ON THEIR BEHALF TO PARTICIPATE IN CASS (country)

TO:


Name of Airline: .......................................................................................

Address: ...................................................................................................

...................................................................................................................

a) hereby authorises (name of GSSA applicant) to act on its behalf in the collection and payment of all amounts settledthrough the Cargo Accounts Settlement System of (country) to which the above-named GSSA is applying to becomea Full Participant/Billing Participant (see Note);

b) confirms that, in the event that it terminates its appointment of the GSSA acting on its behalf, it shall provide writtennotification of the termination to ISS Management (through the Agency Administrator) with not less than three calendarmonths’ notice prior to the effective date of termination of the appointment.

Signature: ...........................................................................

Name (in print): ...................................................................

Title: ....................................................................................

Date: ...................................................................................

Note: indicate either “Full Participant” or “Billing Participant”

* A separate authorisation should be provided for each airline represented by the GSSA

177


RESOLUTION 851 RESOLUTION 851fAGENTS LIAISON WORKING GROUPSAppendix ‘H’CAC1(31)851f(except Expiry:IndefiniteLOCAL CUSTOMER SERVICESUSA) (amended)MANUAL – CASS (EXPORT)CAC2(31)851f (amended) Type: BCONTENTSCAC3(31)851f (amended)

The contents of the Manual shall cover the following itemsRESOLVED that,in the sequence indicated below:in all CASS countries, the Cargo Agency Conference hereby— Table of Contentsestablishes an Agents Liaison Working Group, to ensure

— List of Full Participants full consultation with the national association(s) of cargoagents, on the operation of the CASS-Export and CASS-— List of Billing ParticipantsImport. In particular, the ALWG shall ensure that any— Glossary enhancements or modifications to the system, affecting the

— Outline of the CASS Agents’ interests, have been discussed with, and haveattracted a broad consensus, from the agents association,— Local Service Provisions and Codes of Conductprior to implementation of them.

— Administrative Forms and Procedures

— AWB Completion

— Billing And Remittance Schedules

— Output Documentation

— Settlement Procedures

— Notification of Changes

— Annual Sales Figures

— CASS Management Contacts

178

c Resolution 853

the Local Customer Services Manual which describe theRESOLUTION 853provision of services in the operating CASSs;

CARGO ACCOUNTS SETTLEMENT WHEREAS the Cargo Agency Conference (hereafterSYSTEM — CHARGES COLLECTABLE referred to as “the Conference”) exercises authority and

responsibility over the IATA Cargo Agency Programme,AT DESTINATIONincluding the relationship between Airlines and Agents, and

CAC1(33)853(except USA) Expiry:IndefiniteWHEREAS Cargo Accounts Settlement Systems (CASS)(amending)have been introduced.CAC2(33)853 (amending)

CAC3(33)853 (amending) Type: B It is hereby RESOLVED that,WHEREAS the 1998 IATA Annual General Meeting agreedto restructure the IATA Industry Settlement Systems and 1. CARGO AGENCY CONFERENCEhas approved the establishments of IATA Distribution and

1.1 The Conference is responsible for, amongst otherFinancial Services (hereafter referred to as “IDFS”), as anthings, setting CASS-Import technical standards, togetherIATA division responsible to the IATA Board of Governorswith corresponding changes to Standard forms used in thefor the Management and efficient operation of this businessoperation of the CASS-Import. These are published in theactivity and to that end has authorised changes in theCASS Technical Specifications Handbook, Attachment ‘A’,management and operation of the IATA Industry Settlementwhich constitutes part hereof;Systems (hereafter referred to as “ISS”), and1.2 amendments to the CASS Technical SpecificationsWHEREAS it is therefore necessary to recognise theHandbook shall be subject to agreement by the Conference,responsibility of IDFS for all ISS administration and opera-however should the CASS Policy Group (CPG) recommendtional functions, such as:action be taken on a particular amendment(s) between

d ISS budgets (cost and revenues) Conferences, ISS Management shall publish the proposedd ISS staffing amendment(s) in writing to all Members. If no protest isd ISS contracts (service agreements) to include signature received from any Member within 45 days of the publication

authority of the amendment(s), the amendment(s) will be deemedd ISS office management and administration endorsed and the CASS Technical Specifications Handbook

will be amended accordingly. In the event of a protest, theand further to recognise that ISS matters will be supervisedreasons therefore shall be given in writing and the protestedby the IATA Board of Governors, andamendment will be reconsidered at the next meeting of the

WHEREAS the IATA Board of Governors has charged the CPG with a view to overcoming the reasons for disagree-Cargo Committee to provide advice and guidance to the ment. In the event of continuing disagreement, the matterBoard on all Cargo settlement matters, and shall be referred to the Conference for final action.WHEREAS the IATA Cargo Committee has established aCASS Policy Group (hereinafter referred to as “CPG”) to 2. LOCAL CUSTOMER ADVISORYprovide policy direction to IDFS on CASS matters and to GROUPS — CARGO (LCAGC)provide advice to IDFS Management on all matters relating

2.1 the Conference has established Local Customerto the functional management and operation of CASS;Advisory Groups — Cargo (LCAGC) in countries wherever

WHEREAS it is recognised that the terms of reference and a CASS is in operation, to provide advice to ISS Manage-activities of the CPG are to: ment on local customer service issues and to co-ordinate

local needs;d Provide a CASS consultative forum between IDFSManagement and Member airlines 2.2 the Conference determines the procedures for estab-

d Formulate a global representation policy lishing the membership of the LCAGC;d Develop the CASS cost sharing formula and CASS

2.3 the Rules and Procedures for the LCAGC, as agreedpricing policyby the Conference, are contained in Appendix ‘B’ to thisd Develop a CASS country development planResolution and constitute part hereof.d Approve the commencement of all new feasibility studies

and appoints CASS feasibility study groups to work withIDFS Management in the preparation of feasibility study 3. FEASIBILITY STUDY –reports IMPLEMENTATION OF A CASS-

d Review reports received from the Local Customer Advis- IMPORTory Groupsd Monitor local CASS member costs The Head Office of any Member, or group of Members, mayd Review the CASS budgets on a consultative basis request ISS Management to initiate a study.

WHEREAS it is further recognised that in the event of any4. PARTICIPATION BY MEMBERSdisagreement or dispute between the CPG and IDFS, such

dispute shall be referred to the Cargo Committee; 4.1 Participation by IATA Members in any CASS-Importis voluntary. IATA Members may join at the inception of aWHEREAS ISS Management shall operate in accordance

with the IATA Settlement Systems Service Provisions CASS-Import or may join at a later date by paying the applic-able joining fee set by ISS Management;Manual, the CASS Technical Specifications Handbook and

179


4.2 participation in any CASS-Import shall be dependent required to remit monies due to CASS-Import Airlines andother Members in accordance with the requirements of thison the Member continuing to pay the appropriate charges

for those services that have been provided to the Member Resolution and associated CASS-Import procedures.in connection with the operation of that CASS-Import;

4.3 a Member’s participation shall be dependent on it 6. PARTICIPATION BY NON-IATAcontinuing to meet financial criteria established by the AIR CARRIERSConference, if any;

6.1 A non-IATA air carrier (an Airline), may request parti-4.4 upon joining a CASS-Import, a Member must sign a cipation in a given CASS-Import by submitting to the AgencyCounter-indemnity Agreement with IATA as prescribed in Administrator a Form of Application and Concurrence, inAppendix ‘C’ to this Resolution, where a current signed which, amongst other things, they agree to be bound by thecounter-indemnity is in place, the changes specified in applicable Cargo Procedures Conference Resolutions. TheAppendix ‘C’ are deemed to be incorporated therein; Form is prescribed in Appendix ‘E’ to this Resolution:4.5 once a Member has joined a CASS-Import, it may

6.2 upon acceptance by the Agency Administrator, theelect a mode of Participation, Billing or Full, as defined inAirline agrees;Resolution 823 “Definitions of Terms Used in Cargo Agency

Resolutions”. 6.2.1 to pay the applicable joining fees set by ISSManagement;

5. PARTICIPATION BY RECIPIENTS6.2.2 to contribute to the management and other costs of

5.1 Where a CASS-Import has been adopted for a given such CASS-Import as set by ISS Management;country/area, the Agency Administrator shall offer to

6.2.3 to meet the financial criteria established by theexecute an agreement with each commercial intermediaryConference, if any;(not being an air carrier) handling inbound air cargo consign-

ments in such country/area who:6.3 participation in any CASS-Import shall be dependent

5.1.1 regularly and systematically acts by way of trade and on the Airline continuing to pay the appropriate charges forfor reward, as agent for consignees named on Air Waybills, those services that have been provided to the Airline inor as agent for persons indicated on the face of Air Waybills connection with the operation of that CASS-Import;as persons to be notified upon delivery or as customs

6.4 upon joining a CASS-Import, an Airline must sign aconsignees;Counter-indemnity Agreement with IATA as prescribed in

5.1.2 in the ordinary and usual course of its undertaking, Appendix ‘C’ to this Resolution;assembles, consolidates or provides for assembling and

6.5 once a Member has joined a CASS-Import it may electconsolidation of property or performs or provides for thea mode of Participation, Billing or Full, as defined in Resolu-performance of break bulk and distributing operations withtion 823 “Definitions of Terms Used in Cargo Agencyrespect to consolidated shipments, is responsible forResolutions”.procuring international air transportation of property from

the point of receipt to the point of destination and utilisesfor the whole or any part of such transportation the services 7. PARTICIPATION BY AIRLINEof an air carrier;

GROUND HANDLING AGENTS (GHAs)5.2 the Conference may determine, from time to time,

For the purpose of this Paragraph, the term ‘Ground Hand-criteria for participation of CASS Recipients into a CASS-ling Agent (GHA)’ shall mean any Person, appointed by oneImport. The criteria may vary by CASS-Import operation;or more air carriers to carry out cargo handling, storage and5.2.1 where qualifying criteria requires approval between preparation of freight for collection by the consignee andConferences, a mail vote may be initiated. Providing unan- other activities for inbound freight in the area covered byimous support for the proposal is received, the proposal the CASS:shall be adopted. Failure to vote will be deemed to be an

abstention. Abstentions shall count as positive votes; 7.1 a Ground Handling Agent (GHA) may request parti-cipation in a given CASS-Import by submitting a Form of5.3 an applicant to become a CASS Recipient must signApplication and Concurrence to the Agency Administrator.the agreement specified in Appendix ‘D’ to this ResolutionThe form, prescribed in Appendix ‘F’ to this Resolution,and pay the participation fees determined by ISS Manage-amongst other things, binds the applicant to the applicablement from time to time;Cargo Procedures Conference Resolutions;

5.4 the Agency Administrator signs the agreement on7.2 upon acceptance by the Agency Administrator, thebehalf of all Airlines participating in that CASS-Import andGHA agrees;shall then issue to the applicant a CASS Recipient code

number;7.2.1 to pay the applicable joining fees set by ISS

5.5 such number may only be used as long as the Recipi- Management;ent continues to meet the local qualifying criteria and has

7.2.2 to contribute to the management and other costs ofpaid all applicable fees;such CASS-Import as set by ISS Management;

5.6 such intermediaries executing the agreement shall7.2.3 to meet the financial criteria established by thebecome Recipients under the CASS-Import from the date

stipulated in the agreement and shall from such date be Conference, if any;

180

c Resolution 853

7.3 participation in any CASS-Import shall be dependent 12.2 Action by ISS Managementon the GHA continuing to pay the appropriate charges for

When an airline ceases operation, ISS Management willthose services that have been provided to the GHA incontinue to collect and settle monies due to such airline inconnection with the operation of that CASS-Import;accordance with the settlement office procedures.

7.4 upon joining a CASS-Import, a GHA must sign a Coun-ter-indemnity Agreement with IATA as prescribed in

13. REPORTINGAppendix ‘C’ to this Resolution;

CASS Delivering Companies shall advise the Settlement7.5 once a GHA has joined a CASS-Import it may elect aOffice by means of Air Waybill Transmittals of amounts duemode of Participation, Billing or Full, as defined in Resolutionfrom each Recipient in respect of all shipments delivered823 “Definitions of Terms Used in Cargo Agencyto such Recipient in accordance with the procedures setResolutions”.out in the ISS Service Provisions Manual.

8. CASS DELIVERING COMPANY14. BILLINGS

Pursuant to Paragraphs 4, 6 and 7 of this Resolution, the14.1 The Settlement Office shall compute and prepare aterm ‘CASS Delivering Company’ shall mean a Member,billing in respect of each Recipient based on Air WaybillAirline or Ground Handling Agent who participates in aTransmittals. Billings raised from Air Waybill Transmittalsparticular CASS-Import.shall incorporate all charges incurred and payable atdestination by each Recipient in respect of shipments

9. IATA SETTLEMENT SYSTEM delivered;SERVICE PROVISIONS MANUAL

14.2 the frequency at which such billings shall be renderedISS Management, in consultation with the CPG, shall by the Settlement Office shall be established by the Settle-produce an IATA Settlement System Service Provisions ment and Remittance Committee for each CASS-Import,Manual containing terms, conditions and codes of conduct provided that there shall be not less than 24 billings perof CASS operations applicable in all areas. The CPG will calendar year;be responsible for the content of the Manual, however, it

14.3 the time span covered by a billing shall be called ‘theshall at all times be in conformity with applicable IATAbilling period’.Resolutions.

15. REMITTANCES10. LOCAL CUSTOMER SERVICESMANUAL – CASS (IMPORT) 15.1 Remittance FrequencyWherever a CASS-Import has been implemented, ISS Prior to implementation of a CASS-Import, the SettlementManagement shall produce a local Customer Services and Remittance Committee shall establish the frequency ofManual, containing local terms, conditions and codes of Recipients’ remittances under such a CASS-Import;conduct of the local CASS operation. The Cargo Agency provided that where a CASS-Export has been implementedConference delegates the authority for the contents of this in a (any) country(ies) of a CASS-Import area, the frequencyManual to the Local Customer Advisory Groups — Cargo established for such a country(ies) shall be the same as(LCAGC), for subsequent endorsement by the CPG. The that applicable to the CASS-Export;contents of this Manual shall be in conformity with applicable

15.1.1 when action to endorse remittance terms isIATA Resolutions and are described in Appendix ‘H’.required between Conferences, a Mail Vote may be initiated.Providing unanimous support for the proposal is received,

11. VOLUNTARY TERMINATION the proposal shall be adopted. Failure to vote will be deemedto be an abstention. Abstentions shall count as positiveA CASS Delivering Company may withdraw from a particularvotes;CASS-Import by giving written notice of not less than 3

months and shall be liable for its share of all costs throughto the end of the notice period. 15.2 Remittance Date

the day by which remittances must reach the Settlement12. AIRLINE SUSPENSION OF Office shall be called the ‘remittance date’. Remittance mustOPERATIONS be completed by the close of business of the Settlement

Office on the remittance date, which shall be the 28th day12.1 Reasons for Suspensionfollowing the last day included in the billing(s) under settle-ment, unless the Settlement and Remittance CommitteeWhere an Airline participating in a CASS (“the Airline”)

ceases operations, due to financial or other reasons, or establishes an earlier date; provided that where a CASS-Export has been implemented in a (any) country(ies) of awhere the Airline becomes subject to formal bankruptcy or

reorganisation proceedings, ISS Management shall immedi- CASS-Import area, the remittance date established for sucha country(ies) shall be the same as that applicable to theately inform all participants in the CASS of the date of such

cessation of operations. CASS-Export;

181


15.3 if the Settlement Office is closed for business on the date (as established pursuant to Subparagraph 15.4 of thisParagraph), the Settlement Office shall immediately adviseremittance date, the remittance shall be completed by the

Recipients by the close of business of the Settlement Office the Agency Administrator, who shall immediately place theRecipient on a cash basis and notify the Recipient andon the first subsequent day the Settlement Office is open

for business (‘the deferred remittance date’); all CASS Delivering Companies accordingly. The Recipientshall remain on a Cash Basis for not less than three calendarmonths, or until such time as the Agency Administrator is15.4 Failure to Effect Timelysatisfied that there will be no recurrence of such failure,Remittancewhichever period is the longer;

the Settlement and Remittance Committee shall establishthe length of the grace period to be granted before imple- Y 15.5(b) (the area covered by Resolution 805zzmenting the provisions of Subparagraph 14.4.2 of this only)Subparagraph. Such grace period shall not exceed ten

if a cheque, direct debit or any other method of payment incalendar days and, where a CASS-Export has been imple-settlement of amounts due is dishonoured after the remit-mented in a (any) country(ies) of a CASS-Import area, shalltance date by non-payment by the drawee bank, the Settle-be the same as that applicable to the CASS-Export;ment Office shall without delay so notify the Agency

J 15.4.1 if, by its close of business on the remittance date, Administrator, who shall in turn immediately send to thethe Settlement Office has not received from a Recipient full Recipient a Notice of Irregularity and demand immediateremittance of its billing(s), it shall immediately so advise payment from the Recipient. Such Notice shall count as twothe Agency Administrator. Upon receipt of such advice, the listed Notices of Irregularity for the purposes of the listsAgency Administrator shall immediately send to the Recipi- provided for in Subparagraph 15.6 of this Paragraph. Ifent a Notice of Irregularity (NOI) and shall investigate the payment is not received on demand, or is so received butfailure with the Recipient; after the last day of the grace period following the remittance

date (as established pursuant to Subparagraph 15.4 of thisJ 15.4.2(a) (except the area covered byParagraph), the Settlement Office shall immediately adviseResolution 805zz)the Agency Administrator, who shall immediately suspend

if subsequent to action taken pursuant to the Recipient from CASS and notify the Recipient and allSubparagraph 15.4.1 above, the Recipient fails to make CASS Delivering Companies accordingly. The Recipientcomplete settlement of the amounts due by the last day of shall remain suspended for not less than three calendarthe grace period following the remittance date, the Settle- months, or until such time as the Agency Administrator isment Office shall immediately so advise the Agency Admin- satisfied that there will be no recurrence of such failure,istrator, who shall thereupon place the Recipient on a cash whichever period is the longer;basis for not less than three calendar months, or until suchtime as he is satisfied that there will be no recurrence of Y 15.6(a) Accumulated Notices of Irregularitiessuch failure, whichever period is the longer; (NOI) (except the area covered by

Resolution 805zz)Y 15.4.2(b) (the area covered by

after each remittance date, the Agency Administrator shallResolution 805zz only)advise all CASS Delivering Companies, by urgent electronic

if subsequent to action taken pursuant to means, of the names of all the Recipients having been sentSubparagraph 15.4.1 above, the Recipient fails to make Notices of Irregularity under the provisions of this Resolu-complete settlement of the amounts due by the last day of tion, since the preceding remittance date. If a Recipientthe grace period following the remittance date, the Settle- appears on such lists four times during any 12 consecutivement Office shall immediately so advise the Agency Admin- months, the Agency Administrator shall carry out an analysisistrator, who shall thereupon suspend the Recipient from of the Recipient’s credit worthiness in accordance with theCASS for not less than three calendar months, or until such criteria established by the Cargo Agency Conference, if any,time as he is satisfied that there will be no recurrence of for that particular CASS. If a Recipient appears on such listsuch failure, whichever period is the longer; six times during any 12 consecutive months, the Agency

Administrator shall immediately place the Recipient on aJ 15.5(a) Dishonoured Cheque or Other Method cash basis for not less than three calendar months, or until

such time as he is satisfied that there will not be a recurrenceof Payment (except the area covered byof such failure, whichever period is the longer;Resolution 805zz)

if a cheque, direct debit or any other method of payment in J 15.6(b) (the area covered by Resolution 805zzsettlement of amounts due is dishonoured after the remit- only)tance date by non-payment by the drawee bank, the Settle-ment Office shall without delay so notify the Agency after each remittance date, the Agency Administrator shall

advise all CASS Delivering Companies, by urgent electronicAdministrator, who shall in turn immediately send to theRecipient a Notice of Irregularity and demand immediate means, of the names of all the Recipients having been sent

Notices of Irregularity under the provisions of this Resolu-payment from the Recipient. Such Notice shall count as twolisted Notices of Irregularity for the purposes of the lists tion, since the preceding remittance date. If a Recipient

appears on such lists four times (three times in the Unitedprovided for in Subparagraph 15.6 of this Paragraph. Ifpayment is not received on demand, or is so received but Kingdom) during any 12 consecutive months, the Agency

Administrator shall carry out an analysis of the Recipient’safter the last day of the grace period following the remittance

182

c Resolution 853

credit worthiness in accordance with the criteria established CASS Delivering Companies of the CASS concerned byurgent electronic means.by the Cargo Agency Conference, if any, for that particular

CASS. If a Recipient appears on such list six times (fourtimes in the United Kingdom) during any 12 consecutive 17. TIE-INmonths, the Agency Administrator shall immediately This Resolution shall not come into or remain in effect unlesssuspend the Recipient from CASS for not less than three Resolution 851 comes into and remains in effect.calendar months, or until such time as he is satisfied that

(Attachment ‘A’ is the CASS Technical Specifications Hand-there will not be a recurrence of such failure, whicheverbook and is published separately).period is the longer;

Appendices:15.7 ChargesAppendix A: Intentionally left blank15.7.1 notwithstanding the provisions of Subparagraphs

15.4 and 15.5 of this Paragraph, the Cargo Agency Confer- Appendix B: Local Customer Advisory Group – Cargoence may decide to sanction instances of overdue remit- Rules and Procedurestances by the levy of a general charge. The level of such

Appendix C: Counter Indemnitycharge shall be determined from time to time by the CargoAgency Conference and shall be notified by the Agency Appendix D: Recipient AgreementAdministrator to all Recipients in the CASS-Import area; Appendix E: Application and Concurrence – Non-IATA15.7.2 Settlement Office charges shall be in the amount Carrierdebited to ISS Management by the Settlement Office as Appendix F: Application and Concurrence – Grounda result of the Recipient’s failure to remit as prescribed, Handling Agentincreased, if applicable, by an amount to compensate for

Appendix G: Local Customer Services Manual – CASSany extra costs incurred by ISS Management in relation to(Import) Contents Outlinesuch failure;

15.7.3 when charges are to be levied, the Agency Adminis-trator shall instruct the Settlement Office to debit a Recipientfor such charges and simultaneously notify the Recipientaccordingly;

15.7.4 charges debited to Recipients pursuant to thisSubparagraph shall, except as otherwise specified, beincluded by the Settlement Office in its first subsequentbilling to the Recipient concerned and shall be due andpayable by the Recipient by the remittance date applicableto such billing.

15.8 IATA Cargo Agent as Recipient

15.8(a) IATA Cargo Agent as Recipient (exceptJthe area covered by Resolution 805zz)If a Recipient placed on a Cash Basis pursuant to Subparag-raphs 15.4, 15.5 or 15.6 of this Paragraph is also an IATACargo Agent registered in that country under the CargoAgency Administration Rules, the Agency Administratorshall initiate a review of the Agent under those Rules.

15.8(b) IATA Cargo Intermediary as RecipientY(the area covered by Resolution 805zz only)If a Recipient suspended from CASS pursuant to Subparag-raphs 15.4, 15.5 or 15.6 of this Paragraph is also an IATACargo Intermediary registered in that country under theEuropean Air Cargo Programme Rules, the Agency Admin-istrator shall initiate a review of the Intermediary under thoseRules.

16. NOTIFICATION OF LATEPAYMENTWhen the Agency Administrator is required under the provi-sions of this Resolution to send to a Recipient a Notice ofLate Payment, he shall immediately send the Recipient aregistered letter in the form prescribed from time to time byhim with a copy to the Settlement Office and advise all

183


5. Agenda and ReportsRESOLUTION 853The Agenda of each LCAGC shall consist of customer

Appendix ‘B’ service issues on which ISS Management seeks the adviceof the LCAGC, or proposals submitted by ParticipatingRULES AND PROCEDURES LOCAL Airlines. It shall be circulated by the LCAGC Secretary not

CUSTOMER ADVISORY GROUPS – later than 10 days before the start of the meeting. The reportof LCAGC meetings shall be submitted to the CPG andCARGO (LCAGC)circulated promptly by the Secretary to LCAGC Members,and all Participating Airlines. The Secretary of the LCAGC

1. Function will provide a regular update on action taken pursuant torecommendations from the LCAGC.Local Customer Advisory Groups – Cargo (LCAGC) are

established by the Cargo Agency Conference wherever aCASS is in operation. Each LCAGC provides advice to ISSManagement on customer service issues and in particular,establishing and addressing local needs.

2. Membership

The LCAGC will normally consist of not more than 10persons. The Cargo Agency Conference may authorise alarger number, following a request from an area. LCAGCmembers and their designated alternates shall be electedfor a two-year term by all Participating Airlines in that CASS,from nominations received from these Participating Airlines.Ideally, LCAGC members should be suitably qualifiedrepresentatives at a senior level, providing expertise in thedifferent fields of the CASS activity. LCAGC members attendLCAGC meetings as local industry representatives.

3. Meetings, Quorum and Voting

The frequency of meetings is determined by ISS Manage-ment, in consultation with CPG or the LCAGC. A quorumshall be a simple majority (one half plus one) of the member-ship. Each LCAGC is a consultative body and thereforethere will be no formal voting. LCAGC will act in the formof making recommendations. Each LCAGC will elect itsChairman from among its members. The local ISS Managerwill act as Secretary of these meetings. Other ParticipatingAirlines in the CASS may attend meetings as observers,subject to the prior consent of the CAGC Secretary. Repres-entatives of non-airline entities participating in that CASSmay attend certain parts of a CAGC meeting, at the invitationof its Chairman and ISS Management. Additionally, thelocal/regional ISS Manager may call a customer meeting,at least once per year.

4. Activities

ISS Management may typically consult a LCAGC for:

— advice, as a user forum, on all local matters presentedto it by ISS Management, concerning the local operationof CASS.

— advice to the local ISS Manager on the establishment oflocal CASS business requirements and enhancements,especially where differences from worldwide policy andstandards are sought.

guidance to the local ISS Manager, concerning:

— marketplace activities and development opportunities,and other local/area needs.

— other matters, as appropriate.

184

c Resolution 853 — Appendix ‘C’

RESOLUTION 853Appendix ‘C’

COUNTERINDEMNITY AGREEMENT

Relating to the Operation of CASS-Export/CASS-Import Bank Accounts by IATA

(“Single Counterindemnity – CASS”)

An Agreement entered into:

between ....................................................................................................

having its registered office at ...................................................................

(Name of Airline or GSSA*) .....................................................................

(name of Airline or CASS Delivering Company) .....................................

(full address) ............................................................................................

hereinafter called “the CASS-Export/CASS-Import Airline”

and

the International Air Transport Association (IATA), a non-profit corporation under Canadian Law, having its registered officeat 800 Place Victoria , IATA Building, Montreal, Quebec, H4Z 1M1, hereinafter called “IATA”.

WHEREAS the CASS-Export/CASS-Import Airline, jointly with other CASS-Export/CASS-Import Airlines participating in thesame respective Cargo Accounts Settlement System or Cargo Accounts Settlement System – Charges Collectable atDestination (“CASS-Export/CASS-Import”), has considered it desirable that IATA operates and maintains certain CASS-Export/CASS-Import bank accounts (including a “Hinge Account” for clearing services) on its behalf, and

WHEREAS IATA has agreed to provide such service subject to the CASS-Export/CASS-Import Airline and other such airlinesproviding a Counterindemnity relating to the risks arising therefrom.

IT IS THEREFORE AGREED AS FOLLOWS:

1.a. DefinitionsFor the purposes of this Agreement, the term “Hinge Account” shall mean the bank account into which Agents’/Associates’/Recipients’ remittances are paid and from which monies are distributed to CASS-Export/CASS-Import Airlines;

1.b. ApplicabilityThis Agreement applies to all bank accounts established and operated in the name of IATA on behalf of a CASS-Export/CASS-Import for the purpose of operating through the Settlement Bank clearing services or administrative or other associatedservices, for the benefit of the CASS-Export/CASS-Import Airline and other carriers participating in the respective CASS-Export/CASS-Import.

2. IndemnityThe undersigned CASS-Export/CASS-Import Airline will indemnify IATA, its officers and employees, against any liability andcosts, for any action taken or omitted in good faith in the performance of the operation of the Clearing (Hinge) Account orother accounts mentioned in Paragraph 1 above, or arising in any other way from the operation of these accounts. Suchliability may include, inter alia, shortfalls caused by under-remittance or non-remittance by Agents/Associates/Recipients incases where the Settlement Bank has credited the CASS-Export/CASS-Import Airlines, in anticipation of full and timelyremittance by the Agents/Associates/Recipients. In case of such under-remittance or non-remittance, the undersigned CASS-Export/CASS-Import Airline, when so requested by the CASS Manager, undertakes to immediately refund the correspondingamount(s) remitted to it to the CASS-Export/CASS-Import Hinge Account, and herewith acknowledges and agrees that IATAand ISS Management may take all such action, including legal action, as deemed required in this connection, both on behalfof IATA and the CASS-Export/CASS-Import and on behalf of the CASS-Export/CASS-Import Airlines concerned. In the eventof a liability arising otherwise than by way of non-remittance or under-remittance, the undersigned CASS-Export/CASS-Import Airline undertakes to pay the amount of the obligation under this Agreement within 15 days of it being called uponto do so.

185


3. Preliminary Joint IndemnificationIf it cannot be established immediately for which CASS-Export/CASS-Import Airline(s), a transaction not supported by a fullAgent/Associate/Recipient remittance was effected, the undersigned CASS-Export/CASS-Import Airline, jointly with the otherCASS-Export/CASS-Import Airlines having signed an identical agreement, shall forthwith reimburse and indemnify IATAfor any shortfalls, which shall be deemed to be CASS-Export/CASS-Import operating costs and expenses. Such cost ofreimbursement shall be reapportioned as soon as it has been established for which CASS-Export/CASS-Import Airline(s)the respective remittance has been effected, in proportion to each of the undersigned CASS-Export/CASS-Import Airline’sshare in the respective remittance.

4. Collective Binding AgreementUpon signature, the present document, in conjunction with identical documents signed by other CASS-Export/CASS-ImportAirlines and IATA, shall constitute a collective binding Agreement which, shall continue in full force and effect for as longas IATA operates any bank accounts as referred to in Paragraph 1 above, provided that if any CASS-Export/CASS-ImportAirline withdraws from a CASS-Export/CASS-Import, it shall cease to be a party to the Agreement with respect to that CASS-Export/CASS-Import. The undersigned CASS-Export/CASS-Import Airline shall nevertheless remain liable in respect of anyof its liabilities arising prior to withdrawal from the respective CASS-Export/CASS-Import or termination of IATA’s operationof respective bank accounts as referred to in Paragraph 1 above.

IN WITNESS WHEREOF, this Agreement has been executed on behalf of the Parties hereto by their duly authorised officersin duplicate, on the day and year that appears below:

For and on behalf of ........................................................ For and on behalf of:(full name of Airline or International Air Transport Association

CASS Delivering Company)

Signature .......................................................................... Signature ..........................................................................(full name of person signing) (full name of person signing)

(title of person signing) .................................................... Agency Administrator .......................................................(title of person signing)

........................................................................................... ...........................................................................................(place, date) (place, date)

* A CASS Delivery Company completing this agreement must do so for each CASS in which it participates.

Note: In accordance with the EXCOM decision (EXCOM/157, 28 May 1993), this Single Counterindemnity Agreement isto be signed by all airlines participating in a CASS-Export and/or CASS-Import. This one Agreement relates to all CASS-Export/CASS-Import operations in which the Airline participates.

186

c Resolution 853 — Appendix ‘D’

‘IATA’ means the International Air Transport Associ-RESOLUTION 853ation, an association incorporated by Act of the CanadianParliament having its Head Office at 800 Place Victoria,Appendix ‘D’Montreal, in the Province of Quebec, Canada and an

CASS-IMPORT RECIPIENT office at 33 Route de l’Aeroport, CH-1215 Geneva 15Airport, Switzerland.AGREEMENT‘IATA Settlement Systems Management (ISS

AN AGREEMENT MADE BETWEEN Management)’ means the appropriate department ofIATA responsible for the administrative and operationalThe several Carriers/Handling Companies which havefunctions of the IATA Settlement Systems, such as ISSagreed to participate in the Cargo Accounts Settlementbudgets (cost and revenues), ISS staffing, ISS contractsSystem-Import (CASS-Import Delivering Companies as(service agreements) to include signature authority anddefined hereunder), represented herein by the AgencyISS office management and administration. This includesAdministrator of the International Air Transport Associationthe local designated ISS representative for Cargo, who

AND shall have overall responsibility for the CASS-Export orthe CASS-Import..............................................................................................

(Name of Recipient) ‘Import Charges’ means charges entered on an AirWaybill at origin or in transit according to applicable tariffs

having its principal place of business at for collection at destination and any charges incurredat destination and due to the CASS-Import Delivering.............................................................................................Companies.

.............................................................................................‘Settlement Office’ means the institution appointed by

............................................................................................. ISS Management to issue billings and to collect and(Address of Recipient) distribute monies due under the CASS-Import.(hereinafter referred to as the ‘Recipient’) For applicable definition terms used for the purpose of this

Agreement, reference should be made to Resolution 823(Definitions of Terms Used in Cargo Agency Resolutions).WHEREBY IT IS AGREED AS

FOLLOWS:2. Resolution 8531. DefinitionsIn so far as the provisions of IATA Resolution 853 and its

For the purposes of this Agreement: Attachment relate to CASS-Import Recipients, such provi-‘Agency Administrator’ means the IATA official desig- sions are incorporated in the applicable local CASS-Importnated from time to time by the Director General as the Customer Manual, which Manual as amended from time toholder of that office, or his authorised representative. time is part of this Agreement and the Recipient shall abideHe is charged with the administrative management and by the provisions of such Manual.development of Cargo Accounts Settlement Systems-Import. 3. Authority of CASS Management‘Cargo Accounts Settlement System – Import’ (here- In all matters affecting the Recipient’s obligations under thisinafter called ‘CASS-Import’) means the method of Agreement and all applicable IATA Conference Resolutions,accounting and settling accounts between Delivering ISS Management is authorised to act on behalf of eachCompanies and Recipients as provided in IATA Agency CASS-Import Delivering Company and any direction orConference Resolution 853 and its Attachment. request given or made to the Recipient by ISS Management

shall be as effective as if given or made by such CASS-‘Delivering Company’ means a Member, Airline orImport Delivering Company.Ground Handling Agent who participates in a particular

CASS-Import.4. Settlement of Accounts

‘Cargo Accounts Settlement System-ImportSettlement of accounts with the CASS-Import DeliveringDelivering Companies’ means the IATA Members andCompany shall be made by means of remittance throughNon-IATA Air Carriers/Ground Handling Companiesthe Hinge Account. Such remittance shall cover the amounts(named as CASS-Import Delivering Companies) in thedue appearing on the Billing Statements issued periodicallyFirst Schedule to this Agreement as having authorisedby the Settlement Office.the Agency Administrator to execute this Agreement on

their behalf, and such other Delivering Companies, whichsubsequent to the execution of this Agreement, authorise 5. Liabilitythe Agency Administrator to advise the Recipient that IATA, the Agency Administrator, ISS Management and theirtheir name is to be added to the said First Schedule in employees and representatives shall not be liable to theaccordance with Paragraph 7 hereof. Recipient for any loss or damage suffered by the Recipient

arising out of any act done or omitted in good faith in carrying‘Hinge Account’ means the account to be opened byISS Management for a given period of settlement; it will out their functions under this Agreement or any other func-

tions which may follow from the application of the CASS-be used for receiving Recipients’ remittances and payingout monies due to CASS-Import Delivering Companies. Import.

187


finally settled by arbitration to be held in the (country), under6. Encumbrancesthe rules of Conciliation and Arbitration of the International

The Recipient shall ensure that Import Charges, which are Chamber of Commerce by one or more Arbitratorsto be remitted to the Settlement Office are not pledged, appointed in accordance with such Rules.hypothecated or encumbered in any way; the Recipient shallalso ensure that any claim it may have against a consignee 13. Terminationwith respect to such charges is not assigned at any time.

This Agreement shall remain in force until:7. Changes in CASS-Import — terminated by not less than 3 months’ written noticeDelivering Companies given by one party to the other party

7.1 The Agency Administrator may, from time to time — terminated with immediate effect by the Agency Admin-during the currency of this Agreement, give written notice istrator upon the Recipient’s non-compliance with theto the Recipient that the name of a Delivering Company is settlement procedures stipulated in the Local Customerto be added to the list of CASS-Import Delivering Companies Services Manual – CASS (Import).in the First Schedule hereto. The Delivering Companymentioned in the notice shall become a party to this Agree- 14. Effectivenessment on the date specified in the notice;

This Agreement shall become effective on:7.2 the Agency Administrator may, from time to time during .............................................................................................the currency of this Agreement, give written notice to the (Date)Recipient that the name of a Delivering Company is to be

On behalf of CASS Delivering Companydeleted from the list of CASS-Import in the First Schedulehereto. The Delivering Company mentioned in the notice

Signed as a Deed by an Authorised Representative of theshall cease to be a party to this Agreement on the dateAgency Administrator:specified in the notice..............................................................................................

8. Credit Protection Measures Signed as a Deed on behalf of:

During the currency of this Agreement, the Recipient will .............................................................................................be required to provide a bank guarantee to be automatically (Name of Recipient)renewed each year, in the form and amount, which will bedetermined by the Cargo Agency Conference from time to Signatures of Recipient:time. .............................................................................................

(Director)9. Force Majeure

andNeither party shall be liable for failure to perform its part of

.............................................................................................this Agreement when such failure is due to fire, flood strikes,(Director or Company Secretary)labour troubles or other industrial disturbances, inevitable

accidents, war (declared or undeclared), legal restrictionsimposed by the national government, riots, insurrections orany cause beyond the control of the parties.

10. Assignment of RightsThe Recipient shall not assign any of its rights or obligationsunder this Agreement.

11. Cessation of Operations andChanges in Ownership or ControlIf the Recipient ceases (or transfers) the operation of thebusiness to which this contract relates, or if any substantialchange occurs in the control of a Recipient corporation, orif a change in partners occurs in a Recipient partnership,the Recipient shall notify the Agency Administrator, throughthe local ISS Management, prior to the cessation, transferor change becoming effective.

12. Governing Law and ArbitrationThis Agreement shall be governed by and interpreted inaccordance with the laws of (country) and any differenceor dispute arising between the parties with respect to theinterpretation, meaning or effect of this Agreement or relat-ing to any rights or obligations herein contained shall be

188

c Resolution 853 — Appendix ‘E’

RESOLUTION 853Appendix ‘E’



TO:


1. Name of Airline: ..............................................................................

Address: ..........................................................................................

.........................................................................................................

2. The Airline operates scheduled air services to and from/within (country or area of the CASS-Import) (see note 1).

3. The Airline acknowledges that it has received inter alia copies of the following documents and IATA Resolutions,together with such explanation of their contents, as it requires:

— IATA Resolution 600d, Air Waybill — Part Consignment procedures

— IATA Resolution 853, Cargo Accounts Settlement System and its Attachment, CASS Technical SpecificationsHandbook

— The ISS Service Provisions Manual Cargo

— The Local Customer Services Manual — CASS (Import)


4. The Airline hereby applies to participate in CASS-Import (country) (hereinafter ‘the CASS’) on the following terms andconditions:

4.1 The Airline authorises the Agency Administrator to give notice to the Settlement Office that the name of the Airline isto be added to the list of CASS-Import Delivering Companies in the First Schedule of the General Settlement OfficeAgreement.

4.2 The Airline shall become a Full Participant/Billing Participant (see Note 2), with effect from the date when it becomesa party to the Settlement Office Agreement in accordance with the terms of that Agreement.

4.3 Except as otherwise provided in Subparagraph hereof, the Airline shall be bound by the same conditions and obligationsas the other CASS-Import Airlines. The Airline shall observe and be bound by the provisions of the documents listedin Paragraph 3 hereof, as well as subsequent additions, deletions or amendments thereto, as though the Airline werea Member of IATA and a party to the Resolutions or the Sections of Resolutions set out in those documents.

4.4 The amounts for participation in CASS-Import (country) are as follows:

a) Joining fee USD 3,500.00*

b) Non-IATA air carrier annual fee USD 500.00


(All amounts, plus, tax, if applicable)

4.5 The amounts specified under a) and b) above shall be payable in their entirety upon the acceptance of the presentapplication by the Agency Administrator. The level of amounts for subsequent calendar years shall be those set fromtime to time by ISS Management, after consideration of the operating expenses of the CASS, and shall be payableat the beginning of each calendar year. The amounts specified under c) above shall be payable according to a paymentschedule established by CASS-Import (country).


189


4.6 The conditions of the Airline’s participation in the CASS-Import may be amended by the Cargo Agency Conferencefrom time to time upon serving the Airline notice, in writing, reasonably in advance of the effectiveness of suchamendment.

4.7 The Airline’s participation in the CASS-Import shall continue until either:

4.7.1 The Airline has (through the Agency Administrator) given thirteen calendar months’ advance notice in writing to theSettlement Office of withdrawal from the General Settlement Office Agreement and such notice has become effectivein accordance with the terms of the said Agreement; or

4.7.2 The Agency Administrator, acting on the authority of at least two-thirds of those Members of IATA participating inCASS-Import (country), has given to the Airline three calendar months’ advance notice, in writing, of termination ofthe Airline’s participation in CASS-Import (country). In the event the Agency Administrator gives such notice, he shallat the same time give notice to the Settlement Office of termination of the Airline’s participation in the General SettlementOffice Agreement; thereafter the Airline shall cease to be a party to that Agreement three calendar months from thedate of the said notice.

5. The Airline undertakes to indemnify IATA, its officers and employees against any liability (including liability for legalcosts) for any action taken or omitted in good faith in the performance of their functions with respect to the CASS-Import under Resolution 853 and its Attachment.

6. This Application may be accepted, and will then become a contract binding the parties, upon counter signature by theAgency Administrator of the enclosed duplicate copy to be returned to the Airline at the address given above.

To be completed by the Airline:

Signature: .................................................................................................

Name: .......................................................................................................

Title: ..........................................................................................................

Date: .........................................................................................................


Signature: .................................................................................................

Name: .......................................................................................................

Title: ..........................................................................................................

Date: .........................................................................................................

Notes:

1) When submitting this form, the Airline is to attach a copy of its current timetable.

2) Indicate either “Full Participant” or “Billing Participant”.

190

c Resolution 853 — Appendix ‘F’

RESOLUTION 853Appendix ‘F’


To be completed by a Ground Handling Agent (GHA)

TO:


1. Name of Airline: ..............................................................................

Address: ..........................................................................................

.........................................................................................................

2. The GHA provides cargo handling services to Air Carriers who operate scheduled services to and from/within (countryor area of the CASS-Import) (see Note 2). The Airlines represented are listed in Schedule 1 to this form (attached).

2.1 The GHA may from time to time advise the Agency Administrator that the name of an airline is to be added or deletedfrom the list in Schedule 1.

3. The GHA acknowledges that it has received inter alia copies of the following documents and IATA Resolutions, togetherwith such explanation of their contents as it requires:

— IATA Resolution 600d, Air Waybill — Part Consignment procedures

— IATA Resolution 853, Cargo Accounts Settlement System and its Attachment, CASS Technical SpecificationsHandbook

— The ISS Service Provisions Manual Cargo

— The Local Customer Services Manual — CASS (Import)


4. The GHA hereby applies to participate in CASS-Import (country) (hereinafter called “the CASS”) on the following termsand conditions:

4.1 The GHA authorises the Agency Administrator to give notice to the Settlement Office that the name of the GroundHandling Company is to be added to the list of Delivering Companies in the First Schedule of the Settlement OfficeAgreement;

4.2 The GHA shall become a Full Participant/Billing Participant (see Note 2) with effect from the date when it becomes aparty to the Settlement Office Agreement in accordance with the terms of that Agreement;

4.3 Except as otherwise provided in Subparagraph 4.6.3, the GHA shall adhere to the procedures laid down in the relevantResolutions and their attachments and in the Local CASS-Import Customer Manual as if it were a “carrier” in general,and as a “Full Participant” or “Billing Participant”, and therefore shall be bound by the same conditions and obligationsas the other Carriers of which the following are particularly brought to notice.

4.3.1 The GHA shall observe and be bound by the provisions of the documents listed in Paragraph 3 hereof, as well assubsequent additions, deletions or amendments thereto, as though the GHA were an Airline Member of IATA and aparty to the Resolutions or the Sections of Resolutions set out in those documents;

191


4.4 The amounts for participation in CASS-Import (country) are as follows:

a) Ground Handling Agent participation joining fee USD 3,500.00*

b) GHA annual fee USD 500.00*


(All amounts, plus, tax, if applicable)

The amounts specified under a) and b) above shall be payable in their entirety upon the acceptance of the presentapplication by the Agency Administrator. The level of amounts for subsequent calendar years shall be those set fromtime to time by ISS Management, after consideration of the operating expenses of the CASS-Import, and shall bepayable at the beginning of each calendar year. The amounts specified under (c) above shall be payable accordingto a payment schedule established by CASS-Import (country).

4.5 The conditions of the GHA’s participation in the CASS-Import may be amended by the Cargo Agency Conferencefrom time to time upon serving the GHA notice, in writing, reasonably in advance of the effectiveness of such amendment.

4.6 The GHA’s participation in the CASS-Import shall cease:

4.6.1 Only when the GHA has given thirteen months’ advance notice, in writing, to the Settlement Office (through the AgencyAdministrator) of withdrawal from the Settlement Office Agreement and such notice has become effective in accordancewith the terms of the said Agreement;

4.6.2 The Agency Administrator, acting on the authority of at least two-thirds of those Members of IATA participating in theCASS-Import, has given to the GHA three calendar months’ advance notice in writing of termination of the GHA’sparticipation in CASS-Import. In the event the Agency Administrator gives such notice, he shall at the same time notifythe Settlement Office of termination of the GHA’s participation in the Settlement Office Agreement; thereafter the GHAshall cease to be a party to that Agreement three calendar months from the date of the said notice.

5. The GHA undertakes to indemnify IATA, its officers and employees against any liability (including liability for legalcosts) for any action taken or omitted in good faith in the performance of their functions with respect to the CASS-Import under Resolution 853 and its Attachment.

6. This Application may be accepted, and will then become a contract binding the parties, upon counter signature by theAgency Administrator of the enclosed duplicate copy to be returned to the GHA at the address given above.

To be completed by the GSA:

Signature: .................................................................................................

Name: .......................................................................................................

Title: ..........................................................................................................

Date: .........................................................................................................


Signature: .......................................................................................

Name: .............................................................................................

Title: ................................................................................................

Date: ...............................................................................................

Notes:

1) When submitting this form, the GHA is to attach a copy of a current timetable for carriers listed in the first schedule.

2) Indicate either “Full Participant” or “Billing Participant”.


192

c Resolution 881

RESOLUTION 853 RESOLUTION 881Appendix ‘G’ REDUCED FARES FOR CARGO

AGENTSLOCAL CUSTOMER SERVICESMANUAL – CASS (IMPORT) CAC1(27)881(except Expiry:IndefiniteCONTENTS USA) (amended)

CAC2(27)881 (amended) Type:The contents of the Manual shall cover the following itemsin the sequence indicated below: CAC3(27)881 (amended)

— Table of Contents RESOLVED that, for the purpose of enhancing the profes-sional ability and capacity of IATA Cargo Agents (hereinafter— List of Full Participants‘Agents’) to generate, promote and sell international air

— List of Billing Participants cargo transportation, or to handle and prepare consign-ments ‘ready for carriage’ in accordance with applicable— GlossaryResolutions, Members may, at their option, subject to the— Outline of the CASSconditions contained in this Resolution, and subject to the

— Local Service Provisions and Codes of Conduct issuing Member’s policy, procedures and priorities withregard to reduced fare transportation, grant such Agents— Administrative Forms and Proceduresinternational air passenger transportation at a discount.

— IBI Completion

— Billing and Remittance Schedules1. AGENT ELIGIBILITY

— Output Documentationan Agent may qualify for reduced fare transportation under

— Settlement Procedures this Resolution provided all the following minimum eligibilityrequirements are met:— Notification of Changes

— CASS Management Contacts 1.1 at the time of application the Agent shall have beenon the Agency List continuously for a period of not less than12 months; and

1.2 at the time of application, through to the time ofproposed travel, the Agent must not be under notice ofdefault; or

1.3 at the time of application, through to the time ofproposed travel, the Agent must not be under suspension.

2. ELIGIBILITY OF PERSONTRAVELLING

a reduced fare ticket may be issued under the provisionsof this Resolution to the sole proprietor, partner, director and/or employee of an Agent when they meet all the followingrequirements; the person travelling must:

2.1 have been in the service of the said Agent continuouslyand without interruption for not less than 12 months immedi-ately prior to the date of the Application; provided that aperiod of not less than three months’ service with the Agentshall suffice where such person was in the service of anotherIATA Cargo Agent not more than 60 calendar days beforecommencing his/her present employment, was eligibleunder this Resolution and this is so certified in writting bythe IATA Cargo Agent making the application; and

2.2 devote in a full-time capacity all or substantially all ofhis/her time directly to the promotion and sale of air cargotransportation or arranging consignments ready for carriage,or the control, in a management capacity, of accountingmatters relating to air cargo transportation on behalf of theAgent; and

2.3 be salaried and/or paid on a commission basis andbe shown on appropriate disbursement records of the Agent;and

193


2.4 in the case where such person’s full-time employment 5.1 of this Paragraph may be issued per calendar year, upto a maximum of 40 tickets, as follows:is not the Agent’s country of registration, work hours not

less than those normal for other eligible staff of such Agent, for each 100% increment of sales eligible for commissionhave no other gainful employment and be carried regularly or part thereof over and above the average — two addi-and in good faith on the payroll or other relevant tional tickets;disbursement records of the Agent in its country of

5.3 an allotment of not more than 20 discounted ticketsregistration.for one way, round or circle trips, for each Agent registeredfor a specific country may be granted by each Member per3. SUBORDINATES OF ELIGIBLEcalendar year, at a discount not in excess of 50% of thePERSONSnormal fare.

the eligibility of a person shall not in itself render eligiblesuch person’s subordinates who shall be eligible only if they 6. DETERMINATION OF AVERAGEmeet all the applicable requirements of this Resolution. SALES

6.1/6.1.1 the Agency Administrator shall determine the4. FARE REDUCTION FOR SPOUSEaverage sales eligible for commission for each country

the spouse of a person travelling under the provisions of this based on written reports submitted by the ISS ManagementResolution may also be granted reduced fare transportation in CASS countries, or by each Agent in other countries, ofprovided that: each Agent’s total sales of international air cargo transporta-

tion eligible for commission. The ISS Management shall4.1 the couple travel together from the point of origin tocompile the sales reports taking into account the transac-the point of destination in case of one way trips, or to thetions processed through the CASS and reports solicitedpoint of turnaround in case of round trips, or to the highestfrom Members not participating in the CASS setting out therated point in case of circle trips;total amounts of sales made by their Agents on their behalf.

4.2 the discount granted is not greater than 50% of the In so doing, the Agency Administrator shall use only writtenapplicable fare; provided that the discount shall only be reports covering sales for a full calendar year,applied to fares on which the discount for Agents provided

6.1.2 if the average sales eligible for commission for afor in this Resolution also applies;country exceed USD 1,500,000 for determining entitlement

4.3 under this Paragraph no spouse shall receive more to additional tickets under Subparagraph 5.2 of this Resolu-than one reduced fare ticket per calendar year from any tion, USD 1,500,000 will be deemed to be the average,one Member;

6.1.3 notwithstanding the fact the written report of an4.4 such ticket shall not be deducted from the Agent’s Agent registered in the course of a year shall not be usedannual allotment described in Paragraph 5 of this to determine the average sales for a country, the reportResolution; shall be used to determine whether the Agent is entitled to

additional tickets;4.5 nothing herein shall preclude a spouse who is inde-pendently eligible for reduced fare transportation under the 6.2 the Agency Administrator shall determine for eachprovisions of Paragraph 2 of this Resolution from applying Agent any additional allocation to which it may be entitledand travelling in accordance with the provisions of this under the provisions of Subparagraph 5.2 of this Resolution;Paragraph.

6.3 each Agent’s total sales, and the number of such addi-tional tickets, if any, shall be circulated to Members by the5. ANNUAL ALLOTMENT ANDAgency Administrator not later than 1 December of eachDISCOUNT year for use during the following year, e.g. the written reports

the discounts specified in this Paragraph shall apply to the of Agents’ sales eligible for commission for 1981 shall beair fare for the class of service used but may not be applied used as a basis for determining additional allocations duringto special inclusive tour basing fares, provided that when the calendar year 1983;the charge for air transportation consists of a fare and a 6.4 all information provided by the Agency Administrationweekend surcharge, stopover surcharge or peak surcharge, to a Member pursuant to the preceding paragraphs shall bethe discount shall be based on the fare and such surcharge treated by the Member as confidential information. Membersbut shall not be applied to any other surcharge or charge shall not disclose such information to any third parties andsuch as a sleeper surcharge or excess baggage charge. such information shall be used by the Member solely for5.1 an allotment of not more than two tickets for one way, the purpose of determining the number of reduced fareround or circle trip transportation in respect of each Agent tickets to which an Agent is entitled;registered for a specific country may be granted by each 6.5 the Director General, the Agency Administrator, theMember per calendar year at a discount not in excess of Agency Commissioner and the ISS Management, in75% of the applicable fare; performing any action pursuant to Resolution 881 and to

any other applicable Resolutions, act not as principals but5.2 where the total international sales eligible for commis-sion of an IATA Cargo Agent exceed the average interna- as agents for the Members concerned. Members appointing

Agents undertake to indemnify IATA, its officers, employeestional sales eligible for remuneration for all Agents in thecountry of registration, pursuant to Subparagraph 6.1 of this and other appointees against any liability (including liability

for legal costs) for any action taken or omitted in good faithResolution, additional tickets for such Agent at a discountof 75% of the applicable fare as provided in Subparagraph in the performance of their functions under Resolution 881.

194

c Resolution 881

Any Member which fails to respect the provisions of Para- 10. ACCEPTANCE PROCEDUREgraph 6.4 shall indemnify and hold IATA and any other 10.1 the Member receiving the application need not acceptMembers harmless from any and all claims or damages it for processing;resulting from such action.

10.2 the Member receiving the Application shall not grantthe reduced fare transportation if it knows that the eligibility7. FAILURE TO SUBMIT SALESrequirement or other requirements have not been met or ifREPORTS the Application is incomplete;

an Agent who fails to submit by 1 March the written report 10.3 the reduced fare transportation may be grantedof his total sales of international air cargo transportation whether or not there is an IATA Cargo Agency Agreementeligible for commission for the preceding calendar year shall between each Member participating in the carriage and thenot be entitled to any reduced fare international air passen- Agent; provided that such an Agreement exists between theger transportation under the provisions of this Resolution, Member issuing the ticket or such Member’s General Salesfor the following year. Agent which is an IATA Member, and the Agent.

8. TRIP AUTHORISATIONS 11. NON-ACCEPTANCE ORWITHDRAWAL OF APPLICATION8.1 the Agency Administrator shall furnish each Agent

registered in a specific country with numbered Trip Author- if the Member does not accept an Application or if the Agentisations in the quantity required for reduced fare transporta- withdraws the Application, or on its own volition cancels thetion pursuant to Subparagraph 5.2 of this Resolution, to be travel covered by the ticket with no part having been used,submitted by the Agent to the Member issuing the ticket. the Trip Authorisation, if any, submitted in support of theSuch Trip Authorisations shall specify the calendar year Application shall be returned to the Agent. Where a Tripwithin which they are valid, shall bear the name, address Authorisation to be returned has been mutilated or defacedand numeric code of the Agent for which issued and subject by the Member in handling, it shall be forwarded by theto Paragraph 12 of this Resolution, may be used for interline Member to the Agency Administrator who shall replace it.transportation; Where the Agent returns a totally unused reduced fare ticket

issued pursuant to Subparagraph 5.1 of this Resolution such8.2 a lost Trip Authorisation will not be reissued or replacedticket shall be reinstated to the Agent’s allotment with theby the Agency Administrator, except that a stolen orMembers concerned.destroyed Trip Authorisation may be replaced by the Agency

Administrator at the request of an Agent on receipt of evid-12. INTENTIONALLY OMITTEDence to the satisfaction of the Agency Administrator that a

theft, fire or disaster which caused loss or destruction of theTrip Authorisation had occurred. Should any of the replaced 13. TICKET VALIDITYTrip Authorisations be retrieved, these must be returned to 13.1 the ticket must be issued in the calendar year of thethe Agency Administrator by registered post; Application; and8.3 the Agency Administrator shall notify all Members of 13.2 in no case shall the ticket validity be more than threethe serial number of any Trip Authorisation(s) replaced in months from the date of issue.accordance with Subparagraph 8.2 of this Paragraph;

14. TICKET ALLOTMENT8.4 if usage of Trip Authorisations listed in Subparagraph8.3 of this Paragraph is discovered by a Member, such DEDUCTIONS BY MEMBERMember shall report this fact to the Agency Administrator 14.1 with respect to reduced fare transportation pursuantfor appropriate action. to Subparagraphs 5.1 and 5.3 of this Resolution a charge

shall be made against the Agent’s total allotment of reduced9. APPLICATION FORM AND fare tickets by each participating Member; provided thatPROCEDURE where a reduced fare ticket is issued in whole, or in part over

a line which is operated in pool, the deduction pertaining towhen applying for reduced fare transportation as providedthe pool sector shall be made by the pool partner Memberfor in this Resolution the responsible official of the Agentissuing the ticket, whether or not that Member operates theshall fully complete and sign the Application Formactual pool services used; furthermore, where travel is on anprescribed in Attachment ‘A’ to this Resolution and submitinterchange service under which the aircraft of one Memberit, in advance of the commencement of travel, to each airoperate a through service from points on its routes to pointscarrier participating in the itinerary. Where applicable, theon another Member’s routes, under charter to such otherapplication submitted to the first participating carrier in theMember, the deduction shall be made only by the Memberitinerary shall be accompanied by the Trip Authorisationoperating the flight when the person travels exclusively onissued by the Agency Administrator. Each air carrier particip-the interchange service;ating in the itinerary shall be responsible for granting

approval and for the arrangements for issuance of their own 14.2 an all-cargo active Member shall be entitled toarrange discounted tickets for travel between points servedTraffic Documents on their own services and on the services

of another air carrier, if applicable. In the latter instance the by such Member for each of its Agents as provided in Para-graphs 4 and 5 of this Resolution, over the lines of otherAgent, if so required by the ticketing member shall obtain

and submit to the ticketing Member the written concurrence Members, subject to all the provisions of this Resolution,except that:of all other air carriers participating in the itinerary.

195


14.2.1 any such discounted tickets, shall not be deducted is suspended or the person leaves the employ of the Agent),the Agent shall immediately so notify the Member whosefrom the Agent’s allotment with the carrying Member as

provided in Subparagraph 14.1 of this Paragraph, but from ticket is issued and shall immediately return the ticket tothat Member. The travel approval granted by the Memberthe Agent’s allotment with the all-cargo active Member,shall no longer be valid; provided that the Member shall be14.2.2 notwithstanding the provisions of Subparagraphresponsible for cancelling the reduced fare transportation10.3 of this Resolution there need not exist an IATA Cargoonly if it knows or reasonably should have known of theAgency Agreement between the Member which issues thechanged eligibility. Whenever the provisions of this Para-ticket and the Agent as long as such an Agreement existsgraph are applied, the retrieved reduced fare ticket shallbetween the all-cargo active Member and the Agent;be reinstated to the Agent’s allotment with the Member(s)

14.3 an Agent shall not be allowed to reimburse a Member concerned and where applicable the Trip Authorisationfor any reduced fare ticket issued and used for the purpose should be returned by the issuing Member to the Agencyof reinstating any of its annual allotment for other reduced Administrator for replacement. The issuing Member shallfare transportation; notify concurring Members accordingly.

14.4 reduced fare transportation performed by a Member18. RETROACTIVE APPLICATIONas a consequence of involuntary rerouting shall remain

deducted from the Agent’s allotment with Member(s) parti- notwithstanding the application in advance requirement incipating in the original routing and not be deducted from Paragraph 9 of this Resolution it shall be permissible for athe Agent’s allotment with the Member(s) over which the Member to accept an Agent’s retroactive Application wherererouting occurs; there were exceptional and compelling reasons why the

Agent was unable to submit an Application in advance; such14.5 no commission shall be paid on the reduced fareretroactive acceptance may be granted if an Application istransportation provided under this Resolution.submitted not later than three months after date of purchaseof the full fare ticket, in which case it must be deducted from15. BILLINGthe annual allotment of the year when the full fare ticket

except as provided in Paragraph 16 of this Resolution, billing was issued or be supported by a Trip Authorisation validshall be effected not later than 30 days after the date of for the year in which the full fare ticket was issued providedcommencement of travel. The Agent must, within 15 days that:of billing, pay to the issuing Member the remittance due. If

18.1 the Agent is in all other respects eligible for suchthe Agent does not remit within such 15-day period, thereduction;delinquency and/or default procedures, otherwise applic-

able to the Agent under the provisions of Resolution 801r, 18.2 the Member accepting such retroactive ApplicationReporting and Remittance Procedures, shall apply. shall obtain from the Agent a letter explaining the excep-

tional and compelling reasons for such retroactiveApplication.16. BILLING WHERE ISSUANCE

PRECEDES CONCURRENCE OF19. RECORDSPARTICIPATING AIR CARRIERSeach Agent shall maintain, for a period of not less than twonotwithstanding the provisions of Paragraph 12 of thisyears from the date of Application, and hold immediatelyResolution, it shall be permissible for a Member, whereaccessible, adequate records to substantiate the Agent’sone or more participating carriers’concurrences have beencertification that a person named in any Application qualifiesrequested but have not been received prior to departurefor reduced fare transportation. Such records shall be opendate, to issue the ticket, subject to the following conditions:to inspection by a Member to which an Application is made

16.1 the ticket is issued not earlier than ten days after the and shall include the following:Application for the reduced fare transportation has been

19.1 payroll ledger and cancelled cheques, money ordersreceived and the Agent gives a written guarantee he willor other proof of payment of salary, wages and/or commis-pay, within 15 days of billing by the issuing Member, thesions as well as all deductions for taxes and social securityfull applicable fare for each sector for which a concurrence(or equivalent) in the case of an employee eligible as definedhas been rejected; the Member must render such billingin this Resolution;within 30 days of the date of receipt of any such rejection;19.2 cash disbursement books and cancelled cheques,16.2 the Agent must, within 15 days of billing date, pay tomoney orders or other proof of payment of salary or otherthe issuing Member the remittance due. If the Agent doesremuneration for services rendered, made in the case of anot remit within such 15-day period the delinquency and/orsole proprietor, partner and/or director, eligible as defineddefault procedures, otherwise applicable to the Agent underin this Resolution;the provisions of Resolution 801r, Reporting and Remittance

Procedures, shall apply. 19.3 service agreements, contracts, time sheets or otherdocumentary proof of the degree of service required from

17. CHANGE IN ELIGIBILITY each sole proprietor, partner, director and/or employee towhom payment of remuneration is shown pursuant toif at any time prior to commencement of travel there is aSubparagraphs 19.1 and 19.2 of this Paragraph;change affecting the eligibility of the Agent or of the person

on whose behalf the Application for reduced fare transporta- 19.4 copies of all Applications accepted by the Memberto which the Application was made.tion is made (e.g. the Agent comes under notice of default,

196

c Resolution 881

20. LIABILITY FOR ACCURACY OFAPPLICATIONSthe Agent shall be solely responsible for the accuracy ofeach and every Application. Notwithstanding any actiontaken pursuant to the provisions of the Cargo Agency Rules,in the event that an the Agency Administrator determinesthat the Agent, in an Application for reduced fare transporta-tion under the provisions of this Resolution, has made amaterial misrepresentation, the Agent shall be deemed tohave forfeited all reduced fare transportation privilegesavailable under the provisions of this Resolution for a periodof two years. The Agency Administrator shall notify theAgent and all Members of such forfeiture which shallcommence 30 days after the date of the Agency Adminis-trator’s notice. For purposes of this Paragraph, a materialmisrepresentation is any statement in or omission from anApplication for reduced fare transportation which conveysor implies that the Agent, or the person on whose behalfthe reduced fare transportation is requested, is eligible forthe grant of such reduced fare transportation when in facteither the Agent or such person is not so eligible.

21. SURRENDER OF TRIPAUTHORISATIONSwhenever reduced fare travel privileges available in accord-ance with this Resolution to an Agent are suspended orterminated pursuant to this Resolution or the Cargo AgencyRules, the Agent shall surrender to the Agency Administratorall unused Trip Authorisations and shall account for all usedTrip Authorisations. The Agency Administrator may desig-nate a Member to recover such Trip Authorisations andeffectuate such accounting. The Agency Administrator shallreturn such Trip Authorisations to the Agent when thereduced fare transportation privileges of the Agent arereinstated.

GOVERNMENT RESERVATIONSCANADANothing in Resolution 203c (now 881), or acceptance thereof shallbe construed as limiting in any way the statutory power and dutyof the National Transportation Agency of Canada to approve theissue of any and all free and reduced rate transportation by aircarriers subject to the Agency’s jurisdiction, and under such terms,conditions and forms as the Agency may direct, and that the issuingof such other free or reduced rate transportation shall not be deemedby the International Air Transport Association or any Memberthereof to be contrary to any Resolution or Rule of the Associationor to the provisions of any agreement to which such air carriersare party as Members of the Association. (10.6.76)

MEXICONothing in Resolution 203c (now 881) will limit in any way the lawsor the regulatory authority of the Secretary of Communications andTransport to issue one or more passes for air transportation.

197


RESOLUTION 881Attachment ‘A’

XYZ AGENT

(use Cargo Agent’s Letterhead)

APPLICATION FORM*

REDUCED FARE TRANSPORTATION RESOLUTION 881

Member to which Application is made ......................................................................................................................................

Address of Agent where person travelling (passenger) is employed (or to which he reports) ................................................

....................................................................................................................................................................................................

Office Tel. No. ............................................................................................................................................................................

Family name of passenger: .................................................................................................................................. Mr/Mrs/Miss

First name and initial of passenger: ..........................................................................................................................................

Position/title of passenger: ........................................................................................................................................................

Given name of accompanying spouse, (if applicable): .............................................................................................................

Type of Discounted Travel

75% normal allotment 50% normal fare

75% additional allotment Class of service desired: ..........................................................................

Details of Itinerary Request (reservations to be made by the Agent):

From To Airline Flight No. Date

....................................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

The undersigned being duly authorised to sign on behalf of the Approved Agent has read and understood the terms andconditions of Resolution 881 and declares that this Application is made in accordance with those terms and conditions. Inparticular, the clauses relating to eligibility of the Agent and eligibility of the person travelling have been noted.

We undertake to pay the amount of fare due to the Member as a consequence of this Application.

We further undertake to pay the full applicable fare for each sector for which the transporting carriers’ concurrence has beenrefused and to remit such amount within 15 days of billing by the Member whose ticket has been issued.

It is understood that we must inform you of any change in eligibility and we will thereupon return any tickets issued inresponse to this Application.

We certify that the information submitted in this Application is complete and accurate in all respects. We understand thatany material misrepresentation on this Application will result in action being taken under the Cargo Agency Rules. Suchaction may include forfeiture of reduced fare transportation privileges. If required for this transportation we attach a validTrip Authorisation.

Name: ........................................................................................................................................................................................

Position in agency: ....................................................................................................................................................................

Signature: ...................................................................................................................................................................................

Official Stamp of the Agent

Date of this Application: .............................................................................................................................................................

* This form is to be reproduced exactly as it appears in the IATA Cargo Agent’s Handbook with no omissions, deletions or alterations. Itis to be completed either by typewriter or by hand in ink, using block letters.

198


CERTIFICATION TO MEMBER FOR SPOUSE TRAVEL

I hereby certify that the person named above and accompanying me on the travel applied for is my spouse. I am familiarwith the restrictions governing our joint travel as outlined in Paragraph 4 of Resolution 881. I have not received from you areduced fare spouse’s ticket during this calendar year.

Mr/Mrs: .......................................................................................................................................................................................

(Signature of passenger named in Application)

199


RESOLUTION 883REDUCED FARE TRANSPORTATIONFOR CANDIDATES ATTENDINGCERTAIN APPROVED IATA CARGOTRAINING COURSES OREXAMINATIONSCAC1(17)883(except USA) Expiry:IndefiniteCAC2(20)883CAC3(20)883 Type: BRESOLVED that, for the purposes of permitting a candidateregistered for an IATA approved, formally organised voca-tional training course in basic cargo training or in DangerousGoods Handling, conducted by IATA Agency TrainingServices, to travel between such candidate’s place ofemployment and the training centre, either to undergo train-ing or to take the relevant IATA examination, Members may,subject to the provisions of this Resolution, grant suchcandidate international air transportation at a discount notin excess of 75% of the applicable fare.

1. the said transportation shall be granted only to a candid-ate who has been employed by an IATA Cargo Agent fornot less than three consecutive months prior to the date ofcommencement of travel and further, the Agent with whomthe candidate is employed shall have been an IATA CargoAgent for at least 12 months prior to the date of commence-ment of travel; provided that only IATA Cargo Agents whoare not under notice of default at the time of departure shallbe eligible.

2. if at any time prior to the commencement of travel thereis a change affecting the eligibility of the Cargo Agent orthe candidate (e.g. the Agent comes under notice of defaultor the candidate leaves the employ of the Agent) the Agentshall immediately so notify the Member to whom it shall alsoimmediately return the ticket; provided that the Member shallbe responsible for cancelling the reduced fare transportationonly if it knows or reasonably should have known of thechanged eligibility.

3. such transportation shall be granted by the Memberagainst cash payment and surrender of a written authorisa-tion issued by the Agency Administrator; provided that suchauthorisation shall show the name of the candidate, his/herstudent registration number and the dates of the trainingcourse or examination.

4. the outward portion of the journey must be commencednot earlier than two days before the date of commencementof the training course/examination as stated in the saidauthorisation and travel is to be completed within two daysof the date of the completion of the training/examination;provided that no break of journey shall be allowed exceptat connecting points.

5. no commission or other remuneration shall be paid onreduced fare transportation provided hereunder.

6. upon receipt of written or telegraphic (or oral, ifconfirmed in writing) authority from all other participatingMembers, the Member to which the authorisation is surren-dered shall issue the ticket to the candidate for the entirejourney.

200

c

CARGO CHARGES CORRECTION ADVICE (CCA) meansGLOSSARY OF COMMONLY USEDthe document used for the notification of changes to the

AIR TRAFFIC TERMS transportation charges and/or to other charges and/or themethod of payment.

ACCESSORIES, COMMODITY, in respect to specificCARGO, TRANSFER means cargo arriving at a point bycommodity rates, means additional objects which are notone carrier and continuing its journey therefrom by anotheressential to the normal use of a commodity or are not ancarrier.integral component thereof, but are intended for use with

the commodity. CARRIAGE, which is equivalent to the term ‘transportation’,means carriage of cargo by air, gratuitously or for hire.AIRLINE includes the air carrier issuing the Air Waybill and

all other air carriers that carry or undertake to carry the CARRIAGE, INTERLINE means the carriage over thecargo under the Air Waybill or to perform any other services routes of two or more air carriers.related to such air carriage.

CARRIAGE, INTERNATIONAL means (except for theAIRLINE, DELIVERING is the carrier who delivers the purpose of the Warsaw Convention) carriage in which,consignement to the consignee or his agent. according to the contract of carriage, the place of departure

and any place of landing are situated in more than oneAIRLINE, FIRST means the participating airline over whoseState. As used in this definition, the term ‘State’ includesair routes the first section of carriage under the Air Waybillall territory subject to the sovereignty, suzerainty, mandate,is undertaken or performed.authority or trusteeship thereof.

AIRLINE, ISSUING is the airline whose Air Waybill is issued.CHARGE means an amount to be paid for carriage of cargo

AIRLINE, LAST means the participating airline over whose based on the applicable rate for such carriage; or an amountair routes the last section of carriage under the Air Waybill to be paid for special or incidental service in connectionis undertaken or performed; or for the purposes of determin- with such carriage.ing the responsibility for collecting charges collect and

CHARGE, MINIMUM means the minimum amount whichdisbursement amounts, the airline which delivers theapplies for the transportation of the consignment.consignment to the consignee whether or not that airline

has participated in the carriage. CHARGE, VALUATION means a charge for carriage ofgoods, based on the declared value for carriage of suchAIRLINE, PARTICIPATING means an airline over whosegoods.air routes one or more sections of carriage under the Air

Waybill is undertaken or performed. CHARGE, VOLUME means the charge for the carriage ofgoods based on the volume of such goods.AIRLINE, RECEIVING means a participating airline that

receives the consignment from a transferring airline at a CHARGE, WEIGHT means the charge for carriage of goodstransfer point. based on the weights of such goods.AIRLINE, TRANSFERRING means a participating airline CHARGES COLLECT, which is equivalent to the termthat transfers the consignment to a receiving airline at a ‘freight collect’ or ‘charges forward’, means the chargestransfer point. entered on the Air Waybill for collection from the consignee.AIR WAYBILL, means the document made out by or on CHARGES, COMBINATION OF means an amount whichbehalf of the shipper which evidences the contract between is obtained by combining two or more charges.the shipper and carrier(s) for carriage of goods over routes

CHARGES, FORWARDING means charges paid or to beof the carrier(s).paid for preliminary surface or air transportation to the airport

AIR WAYBILL, NEUTRAL is a standard Air Waybill without of departure by a surface or air transportation agency, notidentification of issuing carrier in any form. a carrier under the Air Waybill.AIR WAYBILL, SUBSTITUTE means a temporary Air CHARGES, PREPAID means the charges entered on theWaybill which contains only limited information because of Air Waybill for payment by the shipper.the absence of the original Air Waybill, and is the document

CHARGES, REFORWARDING means charges paid or toissued to cover the forwarding of cargo in the absence ofbe paid for subsequent surface or air transportation fromthe original Air Waybill.the airport of destination by a surface or air transportation

ASSEMBLY, CARGO means the separate reception of agency, not a carrier under the Air Waybill.parcels or packages and the holding of them for later

COMBINATION, RATE OR CHARGE means the establish-dispatch as one consignment.ment of a rate or charge by addition of sectional rates orBAGGAGE, UNACCOMPANIED means baggage shipped charges.as cargo.CONDITIONS OF CARRIAGE means the terms and condi-BOOKING — see Reservation. tions established by a carrier in respect to its carriage.

CARGO, which is equivalent to the term ‘goods’, meansCONDITIONS OF CONTRACT means the terms and condi-any property carried or to be carried in an aircraft, othertions shown on the Air Waybill.than mail or other property carried under the terms of anin-

ternational postal convention, baggage or property of the CONNECTING CARRIER means a carrier to whose servicethe cargo is to be transferred for onward connectingcarrier; provided that baggage moving under an Air Waybill

is cargo. transportation.

201


CONSIGNEE means the person whose name appears on PARTS, COMMODITY, in respect to specific commodityrates, means objects which are essential to the normal usethe Air Waybill as the party to whom the goods are to be

delivered by the carrier. of a commodity or are in an integral component thereof, butnot including supplies.

CONSIGNMENT, which is equivalent to the term ‘shipment’,means one or more pieces of goods accepted by the carrier PRORATE (here used as a noun) means a portion of a joint

rate or charge obtained by proration.from one shipper at one time and at one address, receiptedfor in one lot and moving on one Air Waybill to one consignee

PRORATION means division of a joint rate or chargeat one destination address.between the carriers concerned on an agreed basis.

CONSIGNMENT, MIXED means a consignment of differentPRORATION, MILEAGE means proration on the basis ofcommodities, articles or goods, whether packed or tiedthe respective local mileages.together or contained in separate packages and for which

different rating applies. PRORATION, RATE means proration on the basis of therespective local rates.CONSIGNMENT NOTE, AIR — See Air Waybill.QUANTITY DISCOUNT means a percentage reduction ofCONSIGNOR, which is equivalent to the term ‘shipper’,a rate based on quantity.means the person whose name appears on the Air Waybill

as the party contracting with the carrier(s) for carriage of RATE means the amount charged by the carrier(s) for thegoods. carriage of a unit of goods and is the current rate which the

carrier, in the publication it normally uses to publish rates,CONSOLIDATED CONSIGNMENT means a consignment holds out to the public or the appropriate segment of theof multi-packages which has been originated by more than public, as being applicable for carriage of a unit of weightone person each of whom has made an agreement for (or volume) and/or value of goods.carriage by air with another person other than a scheduledair carrier. RATE, CLASS means a rate applicable to a specifically

designated class of goods.CUSTOMS CLEARANCE AGENT means a customs brokeror other agent of the consignee designated to perform RATE, CONSTRUCTED means a rate, other than a speci-customs clearance services for the consignee. fied rate.

RATE, GENERAL CARGO (GCR) means a rate for theDAYS means full calendar days, including Sundays andcarriage of cargo other than a class rate or specific commod-legal holidays.ity rate.

DECLARED VALUE FOR CARRIAGE means the value ofRATE, JOINT means a rate which applies for carriage overgoods declared to the carrier by the shipper for the purposesthe lines of two or more carriers and which is published asof determining charges or of establishing the limit of thea single amount.carrier’s liability for loss, damage or delay.

RATE, LOCAL which is equivalent to the term ‘On-line rate’,DEMURRAGE means a variable fee charged to carriersmeans a rate which applies for carriage over the lines of aand/or customers for the use of carrier owned ULDs beyondsingle carrier.the free time alltoment.

RATE, NORMAL means the specified general cargo rateDESTINATION means the ultimate stopping place accord-without quantity discount.ing to the contract of carriage.

RATE, PROPORTIONAL means a rate which is used inDISASSEMBLY, CARGO means the separation of one orcombination with other rates to establish a through rate.more of the component parts of a consignment (from other

parts of such consignment) for any purpose other than that RATE, PUBLISHED means a rate, the amount of which isof presenting such part or parts to customs authorities at specifically set forth in the publication the carrier normallythe specific request of such authorities. uses to establish such rates.EMBARGO means the refusal by an airline for a limited RATE, QUANTITY means the unit rate which is lower thanperiod, to accept for transportation over any route or the normal rate and applies to shipments meeting specificsegment thereof, and to or from any area, or point of weight requirements.connecting airline, any commodity, type or class of cargoduly tendered. RATE, SECTIONAL means the rate established and used

by a scheduled air carrier(s) (including any local or jointFLIGHT NUMBER means the designation of a flight. rate) for a section of a through route.FRENCH GOLD FRANCS means francs consisting of 651/ RATE, SPECIFIC COMMODITY (SCR) means a rate applic-2 milligrams of gold with fineness of nine hundred able to carriage of specifically designated commodities.thousandths.

RATE, SPECIFIED means a rate specifically set forth in anMISCELLANEOUS CHARGES ORDER (MCO) means a IATA Cargo Tariff Coordinating Conference Resolution.document issued by a carrier or its agent in conjunction witha Passenger Ticket and Baggage Check and which may be RATE, THROUGH means the total rate from point of depar-

ture to point of destination.used only for payment of Baggages Shipped as Cargo.

202

c Glossary of Commonly Used Air Traffic Terms

RATES, COMBINATION OF means an amount which isobtained by combining two or more rates.

REPORT, IRREGULARITY (IRP) means the documentwhich is equivalent to the term Notice of Non-Delivery.

REROUTING is the route to be followed as altered fromthat originally specified in the Air Waybill.

RESERVATION, which is equivalent to the term ‘booking’,means the allotment in advance of space or weight capacityof goods.

ROUTE, THROUGH means the total route from point ofdeparture to point of destination.

ROUTING is the route to be followed as originally specifiedin the Air Waybill.

RULES means the general terms and conditions of carriage.

SALE means the issuance or the completion of an AirWaybill or other transportation document.

SERVICE, DELIVERY means the carriage of inboundconsignments from the airport of destination to the addressof the consignee or that of his designated agent or to thecustody of the appropriate Government agency whenrequired.

SERVICE, PICKUP means the carriage of outboundconsignments from the point of pickup to the airport ofdeparture.

SHIPMENT — See Consignment.

SHIPPER — See Consignor.

SPECIAL DRAWING RIGHT (SDR), a reserve asset usedas a unit of account, as defined by the International MonetaryFund (IMF).

TARIFF means the published rates, charges and relatedrules.

TRANSFER means movement of cargo from one carrier toanother against a transfer manifest.

TRANSFER MANIFEST means the document executed bythe transferring carrier upon transfer of interline cargo andendorsed by the receiving carrier as a receipt for theconsignment transferred.

TRANSSHIPMENT means the unloading of cargo from oneflight and loading on to another for on carriage.

TRANSIT means an en route stopping place where cargoremains on board.

TRANSPORTATION — see Carriage.

UNIT LOAD DEVICE (ULD) means aircraft container orpallet.

VALUABLE CARGO — definition is in accordance withResolution 012.

203


204

c

ALPHABETICAL INDEXJResolutions and Sections

Subject matter or Page Reference

Address (Changes of) ............................................................................................................................. 805zz(5)Agreement — Cargo Intermediary.......................................................................................................... 801a(II)Air Cargo Directory ................................................................................................................................. 805zz(4)Air Waybill ............................................................................................................................................... 600a

— Conditions of Contract .................................................................................................................... 600b(II)Application

— Standard Form of ........................................................................................................................... 805zz(2), Att. ‘B’Appendix 2

Arbitration................................................................................................................................................ 805zz (6)Automation (Air Cargo) ........................................................................................................................... Page 34

Bar Coded Label ..................................................................................................................................... 606Bar Codes ............................................................................................................................................... RP 1600t

Cargo— Agency Rules ................................................................................................................................. 805zz— Label ............................................................................................................................................... 606— How the European Air Cargo Programme Works.......................................................................... Page 1— Office (IATA), Numeric Code ......................................................................................................... 821

Cargo Accounts Settlement Systems (CASS)— Cargo Accounts Settlement System (CASS) ................................................................................ 851— Charges Collectable at Destination ............................................................................................... 853— Outline of the CASS ....................................................................................................................... Page 28

Cargo Intermediary Agreement .............................................................................................................. 805zz, Att. ACASS Integrity ........................................................................................................................................ 801re(8)

805zzChanges

— of Ownership, Legal Status, Name, Address................................................................................. Page 3, 805(5)— to Transportation Charges.............................................................................................................. 612— within an Agency requiring IATA approval ..................................................................................... Page 3

Commission./Remuneration.................................................................................................................... 805(3)805zz(8)

Consignments— Intended Consolidated, Security Measures for .............................................................................. 833a— The Consignment ........................................................................................................................... 600— Ready for Carriage ......................................................................................................................... 833

Conventions/Protocols ............................................................................................................................ Page 35Criteria for Intermediaries ....................................................................................................................... 805zz(1)

Dangerous Goods Regulations............................................................................................................... 618— Outline of the Dangerous Goods Regulations ............................................................................... Page 17

Definitions of Terms in Cargo Agency Resolutions................................................................................ 823

European Air Cargo Programme Directory ............................................................................................ 805zz(4)European Air Cargo Programme Enabling Resolution........................................................................... 805zz

Fees, Programme ................................................................................................................................... 805zz(7)Frequency and Date of Remittance Chart.............................................................................................. 801r, Att ‘C’

General Concurrence.............................................................................................................................. Page 74

IATA/FIATA Consultative Council ........................................................................................................... 801cIATA Logo, use of ................................................................................................................................... Page 5Irregularities ............................................................................................................................................ 801re(7)

Joint Council ........................................................................................................................................... 805zz(2)

Labels — Standards for Special Shipments........................................................................................... 607Live Animals Regulations ....................................................................................................................... 620 & Page 26

205


Resolutions and SectionsSubject matter or Page Reference

Membership List, IATA ........................................................................................................................... Page 61

Non-Bar Coded Label ............................................................................................................................. 606aNotice of Change .................................................................................................................................... 805zz, Att. ‘B’,

Appendix 1Numeric code, IATA Cargo Office .......................................................................................................... 821

Ownership (Change of)........................................................................................................................... 805zz(5)

Perishable Cargo Handling Manual ........................................................................................................ Page 27Professional Training (IATA/FIATA) ....................................................................................................... Page 3Protocols/Conventions ............................................................................................................................ Page 35

Qualifications for Agents......................................................................................................................... 805zz(1)

Ready for Carriage Consignments ......................................................................................................... 833Reduced Fare Transportation for Candidates Attending Certain Approved IATA Cargo TrainingCourses or Examinations........................................................................................................................ 883Reduced Fares for Cargo Agents........................................................................................................... 881Registration as an IATA Cargo Intermediary ......................................................................................... Page 2, 805zz(1)Reporting and Remittance Procedures (ECAA) ..................................................................................... 801reReporting and Remittance Procedures — Transitional Arrangements for Settlement .......................... 801rr

Security (Air Cargo) ................................................................................................................................ Page 15— Measures for Intended Consolidated Consignments ..................................................................... 833a

Simplifying the Business......................................................................................................................... Page viStatus (Change of).................................................................................................................................. 805(5)

Violation of Air Waybill Completion Procedures— Consequences................................................................................................................................ 831

206

IATA PUBLICATIONS OF PARTICULAR INTEREST TO CARGO AGENTSAIRLINE CODING DIRECTORYWho could imagine running an airline without using codes? Codes are essential for airline operations...and they have to bethe correct ones. This publication is the official industry source for airline designators, location identifiers and three-digitairline numeric codes. The manual also includes ISO/IATA currency codes and lists contacts for: reservations departmentheads, control office addresses, emergency notification, ticketing time limits, minimum connecting time coordinators andairlines applying reconfirmation procedures. Published in English and available by annual subscription. Computer tapes arealso available for Location Identifiers and Airline Codes.

AIR WAYBILL HANDBOOKThis is the official guide for the issuance of the air waybill. Prepared by an international group of airline experts, it explainsin detail how each entry should be recorded on the air waybill. The examples contained in the Handbook assist the readerin understanding the most complicated rating and routing conditions and illustrate how the requirements are entered on theair waybill. Published annually in English only.

CARGO AGENT’S HANDBOOKSets out the Resolutions and other provisions which are of interest to IATACargo Agents in the exercise of their rights andobligations as registered Agents, and contains information of practical value in their day-to-day work. The Handbooks arepublished in English, French and Spanish.

CARGO INTERCHANGE MESSAGE PROCEDURES MANUAL (CARGO-IMP)Cargo automation between airlines and with customs can only work efficiently if it is based on universally agreed formatsand message procedures. Cargo-IMP is the official source for message specifications covering space allocation, air waybillinformation, flight manifest, accounting, status, discrepancy, embargo and proposed airline-custom systems. It also includesan encoding and decoding list of all approved codes and abbreviations including the location identifiers. Published annuallyin English only.

DANGEROUS GOODS REGULATIONSShipping dangerous goods by air has become a very important part of the air freight business. Because of the nature ofthese goods, however, special care must be taken not to harm passengers, staff and equipment. The IATADangerous GoodsRegulations contain all provisions mandated by ICAO and all rules universally agreed by airlines to correctly package andsafely transport dangerous goods by air. Published annually in English, French, German, Spanish, Japanese, Russian andChinese.

LIVE ANIMALS REGULATIONSThe public at large is concerned about animal welfare. Airlines, shippers and intermediaries involved in the air transport oflive animals have a vital interest in the animals reaching their final destination in good health. The IATALive AnimalsRegulations describe the container to be used for carriage for each kind of animal and the precautionary measures to betaken during ground and air transportation. The Regulations also contain a comprehensive list of animals including thosewhich are considered endangered species. The Convention on International Trade in Endangered Species of Wild Faunaand Flora (CITES) and the Office International des Epizooties (OIE) have endorsed the IATA Regulations as guidelines forair transportation of animals. Published annually in English, French and Spanish.

PERISHABLE CARGO MANUALThe IATA Perishable Cargo Manual is a reference guide for all parties involved in the packaging and handling of perishablesfor air transportation. It provides the producers and shippers with an insight of the packaging and preparation requirementsthat will help minimise damages and losses, and most important maintain the quality of products throughout the transportationchain. Published every two years in English only.

TO CONTACT IATA IDFS-CARGOCargo Services Cargo AgencyInternational Air Transport Association International Air Transport Association800 Place Victoria 33, route de l’AeroportP.O. Box 113 Geneva, SwitzerlandMontreal, Quebec Telephone: +41 22 770 2525Canada H4Z 1M1 Fax: +41 22 770 2134Telephone: +1 (514) 874 0202Fax: +1 (514) 874 2660Internet: Visit our site on the worldwide web at www.iata.org/whatwedo/cargo_operations

Date post:	30-Nov-2015
Category:	Documents
Upload:	miguelsousajit
View:	293 times
Download:	0 times