KARACHI: All Pakistan Customs Bonded Carrier Association has decided to stop all transshipment bookings of cargo to NLC at dry port Thokar Niaz Beg because NLC is not accepting the (carrier) lien on the cargo resulting in losses to the bonded carriers.
Shams Burney, Chairman of Bonded Carriers Association in a letter has asked Collector MCC Lahore to issue a public notice in the light of coordination between Customs, Shipping agents and the terminals, wherein no consignment is released from the port by the custodian unless delivery order from the shipping company is issued.
A bonded carrier Sajjad Niazi said all the terminal operators honored the delivery order. However, NLC was of the view that there was no such thing in the Act. Niazi said that it was a long established business practice which NLC dry port at Thokar Niaz Beg was making deliveries of cargo without the bonded carrier’s delivery order resulting in huge loss to the bonded carriers.
The terminals at the dry port Lahore are delivering the transshipment cargo to the consignee or their clearing agent in violation of the general rule of “Right of Lien” of the “Carriers”.
Bonded carriers are operating as customs licenses and no transshipment cargo can be transported from sea port Karachi to any dry port in Pakistan other than authorized customs bonded carrier. As per transshipment rule the bonded carriers remains the custodian till the physical custody is handed over to the terminal at a declared customs station or dry port.
“Right of Lien” on the transshipment cargo as carrier is only protected by delivery order issued by the carrier; which must not be ignored. A delivery order is a document issued by the carrier to release the cargo to the consignee. The issuance of delivery order signifies the end of the shipment cycle of that shipment and once the Delivery Order issued the lien of carrier is considered discharge and accomplished.
It may also considered as the end of the Contract of Carriage between the carrier and the consignee for the particular consignment. Bonded carrier hand over the custody of transshipment cargo to the terminal therefore the custodian is obliged to respect the lien of the carrier on the cargo.
In case if coordination between carriers and the terminal or customs is not properly maintain the entire transshipment system would collapse.
This is a multimode transport movement wherein the transshipment is allowed by Customs at the port of discharge i.e. (Karachi) being only seaport and gateway of Pakistan on the basis of B/L and port of final destination declared of Dry Port. At Port of discharge (Karachi), transshipment is allowed to the bonded carriers as a continuous activity of Multimode transportation to the consignment made for the dry ports.
The custodian at Karachi surely are recognizing the delivery order of the (Carrier) i.e. Shipping agents and no transshipment cargo is delivered to the Bonded Cargo for onward transshipment to the dry port the part of final destination without the delivery order of the shipping agent; but the custodian (NLC) at the dry port at Thokar Niaz Baig is not accepting (Carrier) lien on the cargo.
Shams Burney has requested Collector MCC Lahore to direct the concern that no deliveries of cargo will be made without bonded carrier’s delivery order.