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FIATA REVIEW Interview with Pakistani industry leader Australia: country with an independent stance Forwarding education and training in Canada Magazine of the International Federation of Freight Forwarders Associations No. 91, March 2012

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Page 1: FIATA REVIEW · 2013-07-18 · Go placidly amid the noise and haste, and remember what peace there may be in silence. As far as possible without surrender be on good terms with all

FIATA REVIEW

Interview with Pakistani industry leader

Australia: country with an independent stance

Forwarding education and training in Canada

Magazine of the International Federation of Freight ForwardersAs so ci a tions No. 91, March 2012

Page 2: FIATA REVIEW · 2013-07-18 · Go placidly amid the noise and haste, and remember what peace there may be in silence. As far as possible without surrender be on good terms with all

3

Contents

FIATA REVIEW No. 91, MARch 2012 3

4 FIATA Headquarters Session Zurich Meeting Program

Editorial 5 From the President’s Desk

News 6 FIATA is Lucky

8 Education Activities of FIATA Association Members

12 Forwarder forced to compensate uninsured importer

country Report10 Australia – Independent and Resilient

Personally15 Meet Babar Badat FIATA Senior Vice-President

here & There17 From the FIATA Secretariat

18 Happy Birthday!

Marco Sorgetti says Hello

New at Headquarters: introducing Ajay B. Pande

Agenda19 Forthcoming Events

FIATA Secretariat

Schaffhauserstrasse 104, PO Box 364

ch-8152 Glattbrugg/Switzerland

Phone +41 (0)43 211 65 00, Fax +41 (0)43 211 65 65

[email protected], www.fiata.com

Alert stance of kangaroos

in the Australian outback.

Photo: Kitch Bain

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Page 3: FIATA REVIEW · 2013-07-18 · Go placidly amid the noise and haste, and remember what peace there may be in silence. As far as possible without surrender be on good terms with all

5FIATA REVIEW No. 91, MARch 2012

From the President’s desk

Dear Colleagues

This is my second message to our members active in over 150 countries. I have described the spirit of the FIATA mission as

“global and representative of the essence of our sector”. So let us take a look at what we have got happening at the moment...

We are fortunate in being able to count on the experience of dedicated experts who continue feeding us their input from all corners of the world. Vocational training is becoming more and more important: an e-learning platform and the newly de-veloped ICAO-FIATA “Dangerous Goods by Air” training programme, led by AFI, are now being implemented. I believe this will become our industry standard in the long run: a training programme de-signed by forwarders for forwarders to help them comply with international dangerous goods regulations.

I am pleased to note the activities of our other busy institutes and advisory bod-ies. I know AFI have been very active in representing our members’ interests at the Cargo Conference. As yet we have no idea of the results, but this is the first time we have been directly involved. The ABSM is preparing the draft of an overarching SC security policy statement; we should make sure that security is seen both from a multimodal and multilateral perspective. Security is everyone’s concern – not only in the EU and US, and not only in air freight. As part of our structural presence at the WCO, CAI reviewed the SAFE framework of standards. Meanwhile, the MTI experts have been busy with their meetings both in Zurich and abroad.

This lively global programme depends a lot, of course, on the work of our Secre-tariat. We have a new director, Marco Sor-getti, who started in January. I am pleased to say he has started at full speed. In this edition you will find his brief biography. You will also see a brief biography of Ajay Pande, the successor to Markus Schoeni. Also in this issue you will find a feature on the education activities of CIFFA, and we host an article by G. Nadel and O. Wagner entitled “Forwarder forced to compensate uninsured importer”. We also have a report on one of the most interesting countries in the world, Australia. The new Senior Vice-President, Babar Badat, is interviewed.

We are now busy preparing for the spring meeting. All the agendas are out, and you may have noticed a bolder approach in the selection of the topics for debate. After hearing your suggestions, I certainly wel-come more debate, and trust it will put the focus on the best proposals. As regards the current mood of the world we live and work in, I can only say that we are surrounded by much uncertainty; listening to the words spoken at summits like Davos, we cannot afford to be complacent or take it easy.

Our companies are looking to Asia for investments, and Asia is becoming more important in the global scenario. This does not mean forgetting the concerns voiced in Europe, Africa or in the Americas. We need to think globally, but we also need to stay focussed on each individual area. This is the only way we can remain the “global voice of logistics”.

Stanley Lim Hwee Hong

MEETING PROGRAM

fIATA HEAdquARTERs sEssIONZuRICH, 15–18 March 2012

THuRsdAy, 15 MARCH Time Location Translation

Meeting of the Presidency* FIATA Secretariat: Marco Sorgetti 09.00–17.00 FIATA HQ, Meeting Room no

Presidency Dinner* 19.00–23.00 t.b.c.

FIATA Foundation Meeting*FIATA Secretariat: Markus Schöni/Ajay B. Pande (for Members only)

17.30–19.00 Hotel SternenRoom Hans

no

fRIdAy, 16 MARCHNational Associations of the Region: 08.15–10.00 swissôtel

• Africa/Middle East FIATA Secretariat: Peter Maegerle Room Bern no

• Asia/Pacific FIATA Secretariat: Daniel Bloch Room Arosa/Davos no

• Europe FIATA Secretariat: René Zimmermann Room Zürich/Basel yes

• America FIATA Secretariat: Markus Schöni/Ajay B. Pande Room Vevey/Lausanne no

Coffee Break 10.00–10.15 swissôtel Foyer

Advisory Body Legal Matters FIATA Secretariat: Peter Maegerle 10.15–11.45 swissôtel Room Zürich/ Basel yes

Lunch (free time)

Advisory Body Vocational Training FIATA Sec.: Markus Schöni/Ajay B. Pande 13.00–14.30 swissôtel Room Zürich/Basel yes

Advisory Body Security Matters FIATA Secretariat: Peter Maegerle 14.45–15.45 swissôtel Room Zürich/Basel yes

Coffee Break 15.45–16.15 swissôtel Foyer

Multimodal Transport Institute FIATA Secretariat: René Zimmermann 16.15–18.00 swissôtel Room Zürich/ Basel yes

sATuRdAy, 17 MARCHAssociation Managers Conference FIATA Secretariat: Peter Maegerle 08.30–09.45 swissôtel Room Zürich/ Basel yes

Coffee Break 09.45–10.15 swissôtel Foyer

Customs Affairs Institute (CAI) FIATA Secretariat: Daniel Bloch 10.15–11.45 swissôtel Room Zürich/Basel no

LUNCH (AT THE INVITATIoN oF FIATA) 11.50–13.15 swissôtel, 1st Floor Room Lakeside

Advisory Body Dangerous Goods FIATA Sec.: Markus Schöni/Ajay B. Pande 13.30–14.30 swissôtel Room Zürich/Basel yes

Coffee Break 14.30–15.00 swissòtel Foyer

Airfreight Institute FIATA Secretariat: Daniel Bloch 15.00–17.00 swissôtel Room Zürich/ Basel no

Dinner for the Extended Board *

suNdAy, 18 MARCH Meeting of the Extended Board* FIATA Secretariat: Marco Sorgetti(Coffee Break in the Meeting Room)

08.30–12.00 swissôtel Room Bern no

*Please note that the meetings of the Presidency, the Extended Board and the FIATA Foundation are for members of the relevant Bodies only.

REGISTRATIoNDo not forget to send in your registration form for the HQ Session, which will be held at the Swissôtel.

INTERPRETING SERVICESimultaneous interpreting service in English, German and Russian is available at certain meetings.

INTERIM SECRETARIATDuring the HQ Session an interim FIATA Secretariat will be in operation at the Swissôtel.

All meeting rooms (except for the Regional Meeting Asia Pacific which is on the 31st Floor) are on the first floor of the swissôtel. The Meeting Room of the FIATA Foundation Meeting is located at Hotel Sternen Oerlikon – Room Hans

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FIATA REVIEW No. 91, MARCH 2012 76

News

As many of you may already know, I am the new director of FIATA and I am honoured that I was selected for this high position. I was sitting here in my office looking at the silent and continuous flow of membership remittances from our Members all over the world and I thought it was marvellous to see how universal FIATA’s presence in all corners of the earth is. Then some fine words by Max Ehrmann* from the year 1927 came to mind:

Go placidly amid the noise and haste, and remember what peace there may be in silence. As far as possible without surrender be on good terms with all persons. Speak your truth quietly and clearly: and listen to others, even the dull and ignorant; they too have their story. Avoid loud and aggressive persons, they are vexatious to the spirit. If you compare yourself with others, you may become vain and bitter; for always there will be greater and lesser persons than yourself. Enjoy your achievements as well as your plans. Keep interested in your own career, however humble; it is a real possession in the changing fortunes of time. Exercise caution in your business affairs, because the world is full of trickery. But let not this blind you to what virtue there is; many people strive for high ideals and everywhere life is full of heroism.

Ehrmann’s words remind me of the way we work in FIATA. This is also an oppor-tunity to tell you more about my own way of seeing it.

Max Ehrmann registered his poem in the US just one year after FIATA was founded in Vienna. I am supposing that this poem was written at the same time that FIATA was created. This is not a proven fact, so we shall just be happy to imagine that it may be so.

I think FIATA is fortunate and its Mem-bers should be serenely happy about it: we have the crème de la crème of logistics and freight forwarding practitioners to lead our Institutes and Advisory Bodies; they are from all over the world and they provide a vibrant sense of global reach that one can seldom experience elsewhere. We have a Presidency of people who work in-cessantly and treat one another as friends.

These are all ambitious people and their ambition is clearly one of the reasons why they are so successful. There is however one extra point that makes FIATA quite unique: ambitious though they may be, nobody forgets that he or she is part of FIATA in order to represent the views and interests of our Members. FIATA does not become hostage to the ambition of individuals and it can “go placidly amid the noise and haste” and speak without anxiety at all levels of the international negotiations. We never think too highly of ourselves, but we are aware of the sense of duty that a constituency like ours implies.

The fine words of Max Ehrmann also apply to another dimension: I think they are good guidance for our Members in their business. These words can guide them in their transactions and in building their re-lationships with their customers and sup-pliers, where we typically have to provide added value in facilitating the cooperation of those with whom we work.

In providing good guidance, sticking to the goals that can be achieved and bank-ing on the experience of our well informed professionals, FIATA is lucky indeed!

Now there is a more inward-looking part of Max Ehrmann’s poem (I think we can

call it a poem even if it is actually written in prose):

Be yourself. Especially do not feign affection. Neither be cynical about love; for in the face of all aridity and disenchantment it is as peren-nial as the grass. Take kindly the counsel of the years, gracefully surrendering the things of youth. Nurture strength of spirit to shield you in sudden misfortune. But do not distress yourself with dark imaginings. Many fears are born of fatigue and loneliness. Beyond a wholesome discipline, be gentle with yourself. You are a child of the universe, no less than the trees and the stars; you have a right to be here. And whether or not it is clear to you, no doubt the universe is unfolding as it should. Therefore be at peace with God, whatever you conceive Him to be. And whatever your labors and aspirations, in the noisy confusion of life keep peace with your soul. With all its shams, drudgery and broken dreams, it is still a beau-tiful world. Be cheerful. Strive to be happy.

My view is that there is a lesson to learn in these words as well. Nobody is eternal and we need to arrange our life in a way that respects our body and soul, and we should understand that the passing time suggests making arrangements for con-tinuity. In a large organisation such as FIATA, it is vital to be always alert when young enterprising women and men, who can represent us in future, come knocking at the door. It is so easy to become busy with one’s pressing chores that we forget we must leave some space also for others to build their (and our) future prosperity. However innocent their initial statements may sound to those who have more experi-ence, they will have to stand up and take our baton from us to continue. It is wise to have them well trained before we take our leave.

FIATA is Lucky

So FIATA is also fortunate because we have a future generation which will soon be ready to jump into the driving seat.

We are – alas – not so good at being “gen-tle with” ourselves, when I think of the working hours many of us put in their day; so we are also lucky that we have some room for improve-ment.

With all these excep-tional traits in mind no challenge will be too big for FIATA. We can success-fully work on our Members’ concerns and

priorities and speak at peer level with principal organisations in the world such as IATA, IRU, The Shippers’ forum, UIC, etc. We can listen to governments and international governmental organisations and explain the feelings and concerns of our Members, trying to mediate between expectations and reality.

My message to you is: FIATA is lucky, be happy to be part of it! We are indeed fortunate to be the global voice of logistics and we should be proud about it.

Marco Leonardo Sorgetti

*Max Ehrmann (1872–1945) was an American writer, poet, and attorney from Terre Haute, Indiana, widely known for his 1927 prose poem “Desiderata” (Latin: “things desired”). He often wrote on spiritual themes.

Founding Meeting in the “Grosser Festsaal des Gremiums

der Wiener Kaufmannschaft” in Vienna.

Page 5: FIATA REVIEW · 2013-07-18 · Go placidly amid the noise and haste, and remember what peace there may be in silence. As far as possible without surrender be on good terms with all

FIATA REVIEW No. 91, MARCH 2012 98

News

The Advisory Body Vocational Training

(ABVT) would like to showcase the education

activities of various FIATA association mem-

bers in occasional reports for the Review.

First up is a summary of the training work

of cIFFA, the canadian International Freight

Forwarders’ Association.

Forwarding Training and EducationThe Canadian International Freight For-warders’ Association (CIFFA) provides ad-vocacy, membership and education to over 250 member firms and more than 150 associate members in the freight forward-ing community. Founded in 1948, CIFFA continues to grow and expand its offering. In Canada, the emphasis placed on com-pliance, regulatory, and service standards has led to a rush by freight forwarders to get their employees trained and certified. Organizations like Transport Canada, the Canadian Supply Chain Sector Council, FIATA, ICAO and CIFFA tend to set those standards. For a small, medium or even large freight forwarding company, knowing the training and education re-quirements of all of these groups can be daunting. That is why they look outside of their organizations to satisfy these require-ments. This article will look at the types of training and education programs that are in demand, and the creative ways to deliver training within the second largest land-mass in the world.

The demand for training in Canada contin-ues to increase for two reasons. One is the certification and compliance expectations of the industry; the other is the tough economic climate that has more people looking to improve their knowledge and skill set to become marketable to potential

employers. CIFFA accommodates both of these types of learners. The chart above shows the growth in CIFFA training pro-grams over the last 9 years.

The investment in training is a vital consideration for our members and non-members alike. Often they must have a minimum number of employees certified in order to do business legally. In fact, CIFFA internally regulates membership to ensure employees meet an expected standard of training development and education. This year the Board of Direc-tors has introduced new membership cri-teria, which include the necessity for every Regular Member firm to have trained em-ployees at every location, as evidenced by a CIFFA Certificate or comparable com-bination of training and education. The association is working to build strength from within the industry. In addition to CIFFA’s membership requirements, many organizations place great importance on developing their employees simply to ensure that best business practices are fol-lowed, even if compliance or certification is not required.

The compliance training in demand in-cludes dangerous goods (air, ocean, and road) and air cargo security. CIFFA was the first association to become an ap-proved Member Training School offering

Education Activities of FIATA Association Membersods is used to keep up with the demand. CIFFA student demographics include unemployed individuals enhancing their resume with our certificate program, new employees of our members (and non-members) who send their people to get

the basics, and managers / executives who require a refresher on compliance topics or are looking to move to the next stage of their career. All of these learners have different schedules and needs, many are located hundreds of kilometres from a ma-jor commercial center and many require a customized method of delivery.

To meet these needs, CIFFA is continually updating its course offerings, and invest-ing in new technologies to offer a variety of solutions for its learners. For those who prefer traditional in-class training, CIFFA provides day and night classes on a wide variety of topics. We also partner with accredited and private colleges across the country that teach CIFFA material and

offer CIFFA certificates as part of their international trade or logistics diploma. However, the future of training in our field in Canada rests with an online or blended approach to training and development. For students who work full-time, live far

from a classroom environment or like a self paced training schedule, CIFFA offers alternatives.

To accommodate these learners CIFFA has introduced a new Learning Management System that accommodates all of the needs listed above, and provides standard for-mal online learning elements like courses, tests, videos, and webinars (see image below). However the next wave of online learning must also accommodate the “in-formal” learning that happens within a classroom – students talk, and interact, and correct each other during group work.

New online training will offer a “social media” element to learning. This is to provide a learning environment where students can discuss the courses with each other, form study groups and share ideas, links and multimedia that will enhance the learning experience.

As the need for compliance and regulatory training grows, so does the interest in new methods of delivery that will save time and money while still delivering the best training. This is the balance that CIFFA continues to find, and will continue to provide in future.

Stephen McDermott – CTDP

Senior Manager, Education and Training, CIFFA

Recent graduates of the cIFFA Advanced certificate: Peng Wang, Dorji Lham, Marlin

Meekhaif and Shirin chowdhury.

the new ICAO/FIATA Air Dangerous Goods training programmes – and CIFFA was first to issue the new ICAO/FIATA certificate. CIFFA worked with Transport Canada in developing the training re-quirements for Air Cargo Security Partici-pants, developing three levels of air cargo security training that meet the standard. By diversifying our certificate offerings, we can give specialized technical or com-pliance training to organizations which have different needs.

The CIFFA vocational training in demand includes FIATA-approved International Transportation and Trade, Essentials of Freight Forwarding, Specialized Freight Forwarding, and Supply Chain Man-agement and Marketing. Learners who complete all four of these vocational pro-grammes, each 13 weeks in length, are eligible to apply for the FIATA Diploma. To meet more specific and time-critical training requirements, CIFFA also offers many half-day workshops on subjects ranging from cargo insurance, Incoterms 2010, and letters of credit, to protecting your business with the CIFFA Standard Training Conditions.

Delivery of Training and Education in CanadaBecause of the diverse needs of CIFFA students, a wide array of delivery meth-

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11FIATA REVIEW No. 91, MARch 201210

Country Report

Australia – Facts & Figures

Official name: Commonwealth of Australia

Capital: Canberra

Form of government: Federal parliamentary democracy and a Commonwealth realm

Area: 7,741,220 sq km

Coastline: 25,760 km

Population: 21,766,711 (July 2011 estimate)

Ethnic groups: European origin 92%, Asian 7%, Aboriginal and other 1%

Official language: English

Administrative divisions: 6 states and 2 territories

Major trading partners: China, Japan, other Asian countries, US, EU

Australia – Independent and ResilientAustralia is both an island and a continent

blessed with a wonderful variety of culture,

geography, climate and history.

THE ONE drawback related to our indus-try is that its distance from major trading partners requires the Australian interna-tional transport community to be more resourceful than most to ensure that its goods are delivered into its respective mar-kets in good order and condition whilst remaining economically competitive.

The travel brochures show a land of sun, sea and sand with a laid back culture en-compassing the spirit of fun and freedom. However, Australia has a very diverse landscape which also includes deserts, dense rain forests, high mountain ranges where you can ski in the winter, and vast inland tracts of uninhabitable and inhos-pitable landscape. All of this adds to the complexity of moving freight within the Australian continent, from both an import and export perspective. The major ocean and air ports are dotted around the fringe of the continent as are the major popula-tion centres, with the main commerce and business centres focused on the east coast of Australia.

Despite all of this, Australia has a very mature and sophisticated forwarding and customs clearance industry employing the latest electronic communication and facil-itation processes with some world leading technology being applied in certain areas of the business. For example, in Brisbane, Patrick Stevedoring has the world’s first automated straddle carrier (AutoStrad) utilising 10 metre high, 65 ton straddle carriers, fitted with sophisticated motion control navigation systems that operate across a virtual computer grid surface, moving and stacking containers from the

quay and onto vehicles with pinpoint accuracy. Watching all of this robotic action from a vantage point above the container yard is a fascinating experience not to be missed!

Electronic Process InnovationIn terms of electronic innovation in the processing area of the business, Customs and Border Protection (ACBP) intro-duced a fully electronic cargo management and control system (ICS) in 2005. With regular enhancements, it continues to be a leading system for the Australian govern-ment to facilitate efficient cargo clearance whilst protecting the community from prohibited imports and contraband.

Various innovative software solution providers have allowed the international freight forwarding community within Australia to employ the most advanced import and export processing and track-ing systems to interface with airlines and shipping lines, which complement the government-based systems.

Economic Environment Whilst Australia is not immune from economic upheaval affecting nations and regions around the world, there is evi-dence of considerable independence and resilience. During the Asian financial crisis in the early part of the new millennium, Australia was able to withstand the major economic problems affecting its nearest regional neighbours. During the global financial crisis that commenced in 2008, once again Australia felt the effects but was not drawn into the catastrophic eco-nomic downturn affecting its major trading partners in other parts of the world.

Future Targets for Our IndustryIn 2012 it is hoped that Australia can pro gress with developments in conjunc-

tion with airline carriers to gain critical mass in the implementation of the elec-tronic air waybill (eAWB). This com-ponent is critical to make further pro-gress with the wider eFreight program instigated by IATA. In regard to air cargo security, the representative associations will continue to work closely with the Australian government Office of Transport Security (OTS) to develop the new Regu-lated Shipper program so as to enhance the current Regulated Air Cargo Agent (RACA) program. This will ensure that Australia’s air cargo program meets the highest international best practice stand-ards for security surveillance of air cargo.

Australian National Association Membership of FIATA The two main representative associations for the Australian international freight forwarding and customs broking industry are both members of FIATA through an umbrella organisation known by the

acronym FIFCBA which was created for the purpose of FIATA representation. Through this union, the Australian Fed-eration of International Forwarders (AFIF) and the Customs Brokers and Forwarders Council of Australia (CBFCA) attend and participate actively in the Institutes and advisory bodies of FIATA.

The current Executive Director of the CBFCA, Stephen Morris, is the current Chairman of the Customs Affairs Insti-tute (CAI). The Chairman of AFIF, Paul Golland, is a member of the working committee on the Air Freight Institute (AFI) and Brian Lovell, CEO of AFIF, is a member of the Advisory Body on Security Matters (ABSM). Recently, former AFIF Chairman and longest-serving FIATA Vice-President Barry Vining was hon-oured with the accolade of life member-ship from the FIATA presidency. We owe our thanks to Barry for his dedication and enthusiasm in serving both the Austral-

ian and global forwarding community. The Australian Federation of International Forwarders (AFIF) was honoured to host the FIATA World Congress in 1998 and it was considered at the time to be one of the best ever. We trust that the representative

Board members of AFIF and CBFCA will consider hosting another FIATA World Congress in the not too distant future. Then all of our FIATA friends can return once again to Australia to enjoy the de-lights of this wonderful continent.

View of Darling harbour, Sydney: Australia is a land of sun and sea, but is also economically strong, resilient and innovative.

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FIATA REVIEW No. 91, MARCH 2012 1312

News

vise and ensure the safety of the cargo until it reaches the customer.

Usually, the courts examine in each and every case the terms of the written agree-ment between the forwarder and the customer, in order to decide the extent of the forwarder’s obligation towards the customer.

For example, in a verdict from a few years ago (C.F. (Civil File) – (Tel-Aviv Magis-trate) 14746/05 Fritz Companies Israel Ltd. vs. Goldman International Trade Ltd. Et Al. – 2007), the court noted that if

it cannot be clearly understood from quotes and agreements between the forwarder and his customer that the for-warder was responsible only for arranging transport, then it should be concluded that he gave a more comprehensive service to the customer.

In the verdict regarding Ben Shmuel, it appears that the court did not make such a distinction as to whether or not the forwarder was comprehensively liable or not, however it is likely that since the for-warder charged the importer a high sum for the speakers and for VAT, purchase tax,

port expenses, transport, and transport in Israel, his duty was comprehensive and he was not responsible only for transport.Ref: S.C. (Small Claims Tiberias) 38824-01-10 BEN Shmuel Vs. Easyli Logistic Services, verdict handed down 2/2/11, Judge R. Nadaf , neither side represented.

This article is reprinted by permission of the authors Adv. Gill Nadel, Adv. Omer Wagner, [email protected], (Gill Nadel Law Office, www.nadel-law.co.il)

Forwarder forced to compensate uninsured importerRecently, a verdict was handed down by the

court for small claims in Tiberias (Israel), which

obliged an international forwarder to compen-

sate an importer of speakers from china, since

the goods got wet and were damaged.

THE COURT rejected the forwarder’s claims that the importer should have in-sured the goods and since he did not, that this exempted the forwarder from liability.

The facts of the case and claims of the parties:Gad Ben Shmuel (the importer) ordered speakers from China and did so using the services of a forwarder company named Easyli Logistics Services. The speakers arrived wet and so the importer filed a claim against the forwarder requesting compensation of 17,000 NIS.

The importer claimed that he paid the forwarder the actual price of the speakers, including import taxes and expenses for the shipment and asked the court to find the forwarder liable for the damages.

The forwarder claimed that the importer was negligent as he did not arrange insur-ance for the imported goods and he had no one to blame but himself. He also claimed that the order was not made by him but by “The House of Music”.

The court’s verdict: The court rejected the claim of the for-warder regarding the identity of the plain-tiff and found that The House of Music was the name of the importer’s business.

The court was presented with an advertise-ment with the name of the forwarder in which it was written that the forwarder provides shipment and transport services until they reach their destination in Israel.

In light of this and of the order form, the court decided that a contract was in fact signed between the parties, through which the importer paid the forwarder full payment for the speakers, including the VAT, purchase tax, port expenses, shipment, land transport and commis-sion.

The court ruled that the evidence showed that the forwarder committed to transfer-ring the speakers in containers of a marine forwarder, but a picture presented showed that the container cracked and split, al-lowing water to enter and damage the containers, which eventually caused dam-age to the speakers, which caused them to be useless.

The court ruled that the forwarder breached his obligation to deliver the cargo in fit condition to the importer, as the forwarder chose the marine forwarder himself and charged the importer for it.

The court decided that the fact that the importer did not insure the cargo had nothing to do with the liability of the forwarder in this case.

Despite this, the court obliged the for-warder to pay compensation of only 6000 NIS, since photos of the damaged speakers were not presented to the court but instead only photos of wet cartons – therefore it can be assumed that only some of the speakers were damaged, and not all of them (if otherwise wasn’t proved).

And so the forwarder was obliged to pay the importer damages in the sum of 6000 NIS along with 400 NIS for court expenses.

Comments and conclusion:In the international trade, it is customary to distinguish between international for-warders who regulate the transport alone, and forwarders who take on themselves a more comprehensive obligation to super-

Forwarder had to pay up for damaged goods although importer was not insured.

Page 8: FIATA REVIEW · 2013-07-18 · Go placidly amid the noise and haste, and remember what peace there may be in silence. As far as possible without surrender be on good terms with all

Personally

15FIATA REVIEW No. 91, MARch 2012

SWISSWORLDCARGO.COM

I am Give and Take

Tomonari TangoManager Cargo Japan

The best way to handle your cargo is to work together: From devising a tailor-made solution to solving any issues along the way, right through to delivery, your input and cooperation are valued by us. Side by side We care for your cargo.

SWC Tango_EN_210x297.indd 1 10.02.12 10:58

If you had not joined the transportation business, which profession would you have chosen?Probably I would have become a lawyer. I find it interesting to express a point of view and then deal with its counter-arguments. I also do a fair bit of reading, so I suppose I would have enjoyed the legal profession.

So what fascinates you about the freight forwarding industry?My first exposure to the freight forwarding industry was in late 1979. I worked for a European freight forwarding company and spent some time in their Hamburg office. The adoption of the container as a common mode of transport was still in its early stages. This transformation was fascinat-ing and got me fully involved.

And what was the motivation to accept your post with FIATA?Being one of the earliest entrants into the business in Pakistan, I was involved in the industry’s evolution through its dif-ferent stages. I thought that with FIATA I would be able to draw intellectual input for the freight forwarding industry in my country, particularly from the ABVT and the FIATA Foundation.

How do you view the state of the industry today?I would say that both ‘containerization’ and ‘globalization’ have come full circle. The 90s as well as most of the last decade saw more goods moving across the world than ever before and most of it was in containers. But now the world economies are in turmoil. It is a time for caution, a time for borrowing less and curtailing outlays, a time for closing ranks with good customers and contractors, a time for cashing up. But such times can also bring opportunities.

What changes would you like to see?In countries where the functions of inter-national freight forwarders overlap with other service providers, there is a need for clarity in the rules under which the industry operates.

Looking at the future, what advice would you give a young person joining the industry today?Prepare yourself technically, preferably before joining full-time. If you get the opportunity, study the subject at uni-versity level; if you have passed this op-portunity then try to do the vocational training courses through your country’s local association.

Generally speaking, what, in your opin-ion, has been mankind’s best invention?The container of course! But also the FB/L, it helps us exist.

Which famous person would you like to have met?M.A. Jinnah, a barrister by profession and an outstanding intellectual. He was the founder of Pakistan.

Do you have any unfulfilled wishes?I tried to learn flying a plane but could not pursue the interest. It would have been fun flying.

What plans do you have for the future or for your retirement?In the future I want to continue to spend time building my own companies. I also want to continue dedicating some time to the development of our industry, specifi-cally working on regional connectivity. In retirement I’ll be spending time sailing and probably reading… especially books that I have already bought but still haven’t had time to read.

Meet Babar BadatFIATA Senior Vice-President

Babar Badat is Senior Vice President of FIATA.

he was born in Karachi, Pakistan in 1958.

he has been involved in the business of

international freight transport and logistics

since the 1980s. he is director of Transfreight

corp. (pvt) Ltd., a logistics and international

freight forwarding company, and other

companies in Pakistan. he was the found-

ing chairman of the Pakistan International

Freight Forwarders’ Association (PIFFA).

he was also the first chairman of the Interna-

tional Road Transport & TIR commission

Icc/PNc in Pakistan, and is a member of

IRU in Geneva.

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17

Here & There

FIATA REVIEW No. 91, MARch 2012w w w . f i a t a 2 0 1 2 . o r g

the fiata world Congress is the premier event for the international freight forwarding community. for the first time in 30 years, the fiata world Congress will be held in the United States. Make plans now to attend.

the United States of america is the world’s largest trad-ing nation with the world’s largest domestic economy. Virtually every member of fiata does business that involves the United States.

Los angeles, California is the second largest city in the US and home to the largest port of entry for foreign produced goods.

Business opportunities abound in Los angeles and with other US third party logistics companies that know the US domestic market and are looking to expand into international commerce with trusted partners.

attendees will meet with their existing US agents and make new connections at the fiata 2012 world Con-gress in Los angeles.

For the first time in 30 years FiaTa is going to the United states.

Hyat t regenCy CentUry PLaza at BeVerLy HiLLS

LogisTics: Moving The WorLd

regiStration aVaiLaBLe

noveMber 1, 2011

Sponsorships and exhibit Booth reservations are now available. Please contact [email protected]

FIATA Opening hoursThe FIATA Secretariat is open from Monday until Thursday from 8.00

a.m. to 12.00 noon and from 1.00 p.m. to 5.30 p.m., and on Friday from

8.00 a.m. to 12.00 noon and from 1.00 p.m. to 5.00 p.m.

The Secretariat is closed on Saturdays, Sundays and public holidays.

Public holidays in Switzerland are always published on our website:

www.fiata.com

Address changesTo keep the FIATA Members Directory updated the Secretariat depends

on the members to keep us informed about changes to their address

details. Please always send this information to [email protected].

Invoice for FIATA Membership Subscription 2012All invoices for FIATA Membership Subscription 2012 have been

issued in chF (Swiss Francs) and were sent by regular airmail on

13 January 2012. The invoice is payable by 31 May 2012.

Please always write the invoice number on your bank advice, other-

wise the FIATA Secretariat will not be able to identify your payments

and you will not receive your FIATA certificate.

Immediately following receipt of payment for FIATA membership, your

FIATA certificate will be issued and sent to you by regular airmail.

In case you have not received the invoice for FIATA Membership

Subscription 2012, please contact [email protected] and it will be sent

to you as a scanned copy by e-mail.

contribution for FIATA FoundationSince 2009 we have included in the invoices for FIATA Membership

Subscription the amount of chF 25.00 as a contribution for the FIATA

Foundation. This payment is voluntary.

WE WOULD LIKE TO ThANK ALL INDIVIDUAL FIATA MEMBERS WhO

hAVE PAID ThIS cONTRIBUTION TO ThE FIATA FOUNDATION.

YOUR DONATION IS hIGhLY APPREcIATED AND IT IS INDISPENSABLE

TO PROMOTE KNOWLEDGE ABOUT OUR WORK IN ThE AREAS ThAT

MOST NEED IT.

If you would like to learn more about the FIATA Foundation please

visit our website: www.fiata.com/index.php?id=197

FIATA ReviewSince December 2011, the latest edition of the FIATA Review is

available in electronic format on our website.

Misuse of FIATA LogoPlease note that the use of the FIATA logo is restricted to business

papers, business cards and your website only.

IT MAY NOT APPEAR ON YOUR OWN hOUSE TRANSPORT

DOcUMENTS.

companies which are excluded from FIATA membership or have

cancelled their FIATA membership are not allowed to use the

FIATA logo.

From the SecretariatThe FIATA Secretariat would like to bring to your attention some important and useful information.

Lack of E-mail Responses from FIATA due to Spam FiltersFIATA’s e-mail addresses are quite popular in the spamming commu-nity and we need to defend ourselves in order to continue our work. For this reason, FIATA has implemented a spam filter system. We are continuously fine-tuning its features, but it is far from perfect. If your e-mail message to us does not receive attention within a reaso-nable time period, please do not hesitate to call us and repeat your request by telephone. Thank you for your understanding.

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18 FIATA REVIEW No. 91, MARch 2012 19FIATA REVIEW No. 91, MARch 2012

AgendAHere & There

Next Edition:

May 2012

FIATA REVIEW

BI-MONTHLY MAGAZINE of the International Federation of Freight Forwarders Associations

Circulation 6,500 copies

Published by FIATAInternational Federation of Freight Forwarders Associations Articles written by outside contributors do not neces-sarily reflect the views or policies of FIATA

Advertising and AdministrationInternational Federation of Freight Forwarders Associations FIATA Schaffhauserstrasse 104PO Box 364, CH - 8152 Glattbrugg / SwitzerlandTelephone +41 (0) 43 211 65 00Fax +41 (0) 43 211 65 65www.fiata.com, [email protected]

Advertising salesCharles Craske, Telephone +44 (0) 1263 83 86 [email protected]

EditorGian Andreossi, PGA CommunicationsBaumackerstr. 24, CH - 8050 Zurich / SwitzerlandTelephone +41 (0) 44 313 08 [email protected]

ProductionDesign: René Uhlmann, ZurichPrinting: Hürzeler AG, Regensdorf

CopyrightNo article may be reproduced by any means in whole or in part without the written permission of FIATA

Reach the freight forwarders’ management executivesNext Edition: May 2012Advertising deadline: 22 March 2012

FIATA REVIEW

Forthcoming Events

March 16—18, 2012, Zurich / Switzerland

FIATA headquarters Sessionwww.fiata.com

March 21—24 San Antonio, TX / United States

TIA 2012 convention & Trade Showwww.eiseverywhere.com/ehome/index.php?eventid=23997&

April 24—27, 2012, Moscow / Russian Federation

The Transrussia Exhibition and conferencewww.transrussia.ru

May 2—4 Leipzig / Germany

International Transport Forumwww.internationaltransportforum.org/2012

May 13—16 San Antonio, TX / United States

XXIX congress ALAcATwww.alacat2012.org

May 30—June 01, 2012, Odessa / Ukraine

International Transport Weekwww.transport-week.in.ua/

June 25—26 Johannesburg / South Africa

Field Meeting of the Association Members of the Region AFRIcA/MIDDLE EAST (RAME)

details to be announced

October 8—12, 2012, Los Angeles / United States

FIATA World congress 2012www.fiata2012.org

Happy Birthday!

Ajay B. Pande (52) joined FIATA in Switzerland

on 1st January 2012. he will take over from

Markus Schöni, who retires at the end of

March 2012 after more than a decade of meri-

torious and dedicated association with FIATA.

AJAY has a successful track record of over three decades in the air cargo industry in diverse business areas. He started his career in Mumbai, India with a reputed European air carrier. After 12 years he moved to the Middle East to join another well-known carrier. He came to Switzer-land in 2001 to work for an IT solutions provider for the airline industry. Subse-quently he joined a trade association in Switzerland in 2005 and worked there till

the beginning of 2010. His main responsi-bility there was to manage the framework governing the relationship between the intermediaries/forwarders and the airlines. Before joining FIATA he worked as an independent consultant and trainer, con-

ducting training around the world in all areas of air cargo including dangerous goods. Ajay is a graduate of the University of Mumbai (Bombay) with an honours de-gree in chemistry and physics, and he has an Executive MBA from the University of Bradford School of Management in the UK. In Switzerland he makes his home in a small village close to Lake Geneva and commutes there every weekend. He is a keen wine and food enthusiast and likes reading, movies, travelling and cricket.

Ajay will take over matters related to ABVT, ABDG and the FIATA Foundation from Markus Schöni, and he looks forward to his new responsibilities.

FIATA congratulates two well-known delegates on their recent birthdays. We wish them many more years of good health and happiness.

Mr Francesco S. Parisi celebrated his 60th birthday on 1st January 2012. He is an active delegate since 1995 and a Senior Vice-Presi-dent of FIATA since 2009.

Mr Jan Ramberg (Sweden) celebrated his 80th birthday on 1st February 2012. He is a longstanding delegate since 1965 and an honorary member since 1992, also well known as author of the books “The Law of Freight Forwarding” and “The Law of Transport Operators in Inter-national Trade”.

New at Headquarters: introducing Ajay B. Pande

Born in Turin, Italy, I be-

came an entrepreneur

in freight forwarding in

1978. It was a field where I had

already been active for some

years. In the early 80s I became

involved in local trade associa-

tions: Apsaci (Turin), Fedespedi

(Milan) and confetra (Rome),

as well as FIATA at interna-

tional level. In due course I was

made a board member of the

chamber of commerce of Turin.

Trade facilitation has always

been high on my professional agenda: I have been a teacher of

logistics, international trade and transport regulations. I have

published articles and contributed to technical transport and trade

publications. I published my own book in 2002: this was a manual for

transport and logistics practitioners.

In 2003 I moved to Brussels, where I became director-general of

cLEcAT, the European association for forwarding, transport, logistics

and customs services. Since then, most cLEcAT publications have

been produced, suggested or supervised by me. I am pleased to be

now director-general of FIATA, your voice in the world.

Marco Sorgetti says Hello

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