When Cargo Documents Are Wrong: Protecting the Shipowner from the Charterer's Mistake
Prepared by the Maritime & Admiralty Team at Soliman Advocates
This article has been prepared by the firm's maritime lawyers as part of Soliman Advocates' Maritime Legal Insights series, drawing on the team's experience in Egyptian maritime law and shipping disputes.
A documentary error may create a customs problem even where the shipowner was not responsible for preparing the cargo documents.
The issue may involve discrepancies in the description, quantity, weight, value, Manifest or other commercial and shipping documents.
The risk becomes greater where the charterer provides cargo information or controls aspects of the cargo operation and the discrepancy only becomes apparent when the agent or vessel deals with Customs or port authorities.
Shipowners should therefore be able to establish the source of the information and instructions provided, the party that provided them, the capacity in which the agent acted, and the limits of the vessel and crew's involvement in the relevant procedures.
This may not prevent the underlying customs issue, but it can be important in establishing the respective responsibilities of the parties and protecting the shipowner's legal position if a dispute arises.
Legal Disclaimer
This article is provided for general information only and does not constitute legal advice or a legal opinion on any specific matter. Liability and procedures may vary depending on the cargo, contractual arrangements, facts and applicable regulations. For advice concerning a specific matter, professional legal consultation is recommended.
Facing a live maritime matter?
Our team is available 24/7 for urgent ship arrest and time-critical applications in all Egyptian ports.