'Never deviate from the required cargo release
procedure'
A VERY specific risk management warning comes from Ray Howell, m.d. of the Kuehne & Nagel insurance subsidiary, Nacora Maritime.
At the core of a web of falsehood and criminality lies one document - the original Bill of Lading (BoL). Highly-important but too easy to acquire, according to Howell, it is an unquestioned authorisation and imposing legal obligation. But too often it is criminally used or just plain ignored.
An English commercial court decision, Howell told FTW, has again emphasised the need for carriers to ensure, where applicable, that their agent delivers goods against presentation of an original BoL.
It has various functions, one of which, Howell added, is that it places legal obligation on the carrier to safeguard goods. When the contractual terms require the goods to be released against presentation of an original BoL - and this is not fulfilled - the carrier becomes liable for any loss that occurs, he said.
But the BoL is also susceptible to forgery - and modern day office equipment allows for high-quality forgeries.
Said Howell: Fraudsters will always endeavour to find new and ingenious ways to stay one-step-ahead.
The creation of forged documents can be a major threat to unwary parties. Blank original BoLs are all too frequently available to criminal parties, which - when combined with the criminal's ability to obtain a copy of a completed original, or non-negotiable BoL - enables a high quality forgery to be prepared.
Computer systems like Bolero, on-bill security markings and designated signatures will certainly do much to negate this problem. But what it can't ensure, according to Howell, is an agent releasing cargo without complying with notified release instructions.
This, he said, often due to the agent's working camaraderie with the consignee or his agent.
Because of the complications that can result from this, Howell added, every effort must be made to ensure that agents do not deviate from the required cargo release procedure.
Fraudulent or misused BoLs are facts of life that won't go away, he said. Be aware, be prepared - and the risks will be reduced.
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