Documents and forms FIATA act as rather new phenomenon in document circulation of forwarding firms and their clients in Ukraine and others станах the former Union though in many states of the Europe, Asia and America they are applied from the middle of 60th years. Such regulation, for example, is carried out by Conditions INCOTERMS which use any solid international transaction does not manage, proformas of charter-parties BIMCO (Baltic and international maritime council) Advice includes the national organizations of shipowners of many countries, Federation of association shipings brokers and agents (FONASBA), the British chamber of navigation, the International association of shipowners (В INSA) the countries of the former Union) The same purposes pursue such internacional agreements as the General agreement on trade and tariffs (ГАТТ), the General agreement on trade in services (ГАТС) and a number of others to which intends to join Ukraine. The same regulation is served also with documents FIATA.

- first, are a guarantee of reliability of forwarding firm and high quality of services given by her;
- Secondly, adjust process of transportation of cargoes at its all stages and as a whole more precisely, that is in the certain degree supplements the Contract transport forvarding;
- Thirdly, serve as a condition of realization accelerated financial рассчетов between the buyer and the seller, including by use of the documentary letter of credit.
A forwarding agent not using by documents FIATA uses individual forms and the documents made independently. Quite often documents are copied from other similar documents counting upon that those have been made competently. A Plenty individual, partially incorrectly issued documents, in any way does not improve reputation forvarding as a whole.
For explanation of essence of documents FIATA it is important to distinguish, what of them are given out by forwarding agents as agents, and what - as carriers under the contract.
It is known, that for today forwarding agents carry out the activity in these two qualities:
First, it is activity as the agent on behalf of the client when the forwarding agent acts, as the intermediary between the client and a carrier or as the person, организовующего transportation of a cargo from item And in item In, according to the received instructions.
In such cases the forwarding agent speaks on behalf a name of the client in the contract on transportation and does not incur the responsibility for actions and omissions of carriers. All claims to carriers, are presented loaders the client of the forwarding agent. Nevertheless the forwarding agent remains responsible for a careful choice of carriers.
Secondly, the forwarding agent also can represent itself as a carrier. It means, that it can or transport the goods own transport or involve the organization-carrier, remaining thus completely responsible for transportation and delivery of the goods. In this case the forwarding agent legally is considered, so-called, " a carrier under the contract ", responsible for transportation as a whole.

FCR - the document of the forwarding agent acting in a role of the agent. It is the receipt of the forwarding agent on reception of a cargo.
Giving out FCR the forwarding agent testifies that it has accepted the goods and in the further the right of the order belongs exclusively to the forwarding agent.
The seller receives FCR as acknowledgement of that it has executed the duties on sale.
From the moment of delivery FCR the seller loses the right of disposal of goods about what there is a corresponding item in FCR according to which instructions on forvarding cargo can be are changed or cancelled only under condition of return to the forwarding agent of original FCR. Accepting from forwarding agent FCR, the seller confirms it.
For realization of payment for a cargo the buyer should be assured, that the cargo is outside of the control of the seller. A guarantee of such confidence also is FCR which confirms, that since this moment the forwarding agent incurs the responsibility for a cargo and has the exclusive right to dispose of it.
Besides giving out FCR, the forwarding agent guarantees: - That the cargo will be kept in a good condition (that its condition will not worsen in comparison with the moment of reception),/speaking about a "good" condition of a cargo it is necessary to be cautious and whenever possible to not apply this term to such cargoes as метеллолом, rails second-hand, etc. As a rule, the term " in a good condition " we shall apply to cargoes in packing/ - That all details of the document completely correspond to the instructions received by it and - That documents, such as the unprofitable and travelling sheets which have been given out by carriers, correspond FCR and the obligation accepted by the forwarding agent in FCR.
FCR should reflect national conditions forvarding according to which are adjusted the responsibility and obligations of the forwarding agent as agent. At us the General conditions of transport expedition AMEU which will be printed on a underside of new forms FCR which it is planned to commission in 1999
now are accepted Quite often practice of application FCR develops thus:
The client asks to give out to it FCR with the certain conditions which formulates itself. The forwarding agent interested in the given transaction, includes them in FCR and assures its signature and a press. However, thus the forwarding agent should remember semantic and legal loading which is born with each formulation, and about what consequences can arise in connection with its various interpretation.
Thus it is necessary to remember a key rule of delivery FIATA FCR: this document stands out under condition of безотзывности instructions cargo, after its delivery cargo loses all the rights under the order a cargo, and the forwarding agent cannot accept from it any additional instructions, orders or any otherwise to depend from cargo.
Besides it is necessary to understand, that at use FCR it is necessary to adapt conditions of concrete transportation for rules of use FCR, rather the reverse, that often enough встечается in practice of work of our forwarding firms.
Secretary ABLM FIATA Керстен Ойл in this connection writes:
" The client and the forwarding agent can change instructions, only if FCR is returned to the forwarding agent. If the client cannot return FCR to the forwarding agent the client has no the right to give new instructions, and the forwarding agent not only is not obliged to execute such new instructions, but cannot follow them under no circumstances. The reason of it double: the impossibility of the client of the forwarding agent to return FCR to the forwarding agent means, that FCR has been transferred to the buyer, in bank of the buyer or bank for carrying out of operations under the documentary letter of credit and as the forwarding agent becomes responsible for delivery to other buyer the second time, that it can make. "
Therefore in FIATA FCR should not contain the records putting given transportation in any dependence from cargo, for example, " the Cargo it will be sent it (is released) after payment cargo under its account according to present FIATA FCR ".
FCR cannot be cancelled and it will be valid during all operation, except for a case when it is returned to the forwarding agent. (since its action terminates only after all obligations of the forwarding agent on it will be executed.)
Validity FCR cannot be limited by the certain period of time. (except for cases when on it there is a written approval of the BUYER.
Remarques who do not limit a general law of the buyer or the addressee on the order to a cargo - are admissible, i.e. the information on which the buyer can receive a cargo, transferred to it in the order. If the space for notes in FIATA FCR does not suffice, such notes can be made in a place intended for the description of a cargo.
It is useful to remember following recommendations ФИАТА at filling and use FCR.
1. The name of a cargo in FCR should correspond to the name specified in others грузосопроводительных documents. For simplification of customs procedures it is necessary to demand from грузоотправителя at the name of a cargo of use of terms and codes of the Harmonized system of the coding of the goods. In an ideal the name of cargoes should correspond to names in documents of manufacturer or in certificates of an origin.
2. In avoidance of unreasonable charges in inexact performance of instructions which are often formulated any way, FIATA recommends to use the form for instructions FIATA-FFI which fills and assures грузоотправитель and which comprises all necessary sections of the instruction.
3. In interests of the forwarding agent as much as possible precisely and in detail to describe a condition of a cargo as the incorrect or incomplete formulation can lead to increase степни to the responsibility. So, for example, describing a cargo packed in паллеты or containers, the forwarding agent should specify a following abbreviation: S.T.C., that is " said to contain " - " it is told, that there contains ". Doing the similar clause, the forwarding agent declares, that cannot certify, that in the container that is specified грузоотправителем contains.
4. In some cases it is necessary to reflect a condition of packing and container in documents FIATA. If the degree of their humidity, impurity or deformation give the basis to assume damage of the goods, it is necessary to insist with a view of protection of own interests on that words have been included in a waybill, for example, " packings crude, with traces of a mould ".
5. In FCR there should not be statements like: " insurance is provided with us " if only the forwarding agent does not have an insurance certificate on a cargo.
Certainly, difficultly to provide all the variants arising during use of documents FIATA, but I think, even these separate recommendations can focus you in a correct direction.
In summary it is necessary to note, that FCR is the non-turnaround document, it stands out the forwarding agent in one original copy and does not come back to the forwarding agent after the termination of transportation.

One of the oldest and found wide application товаросопроводительных documents FIATA is the forwarding certificate of transportation FIATA FCT (also the certificate of the forwarding agent on transportation).
Before introduction in action FIATA FCT forwarding agents, taking up duties of the agent on transportation, gave out to the client own consignments (house bill of lading). In such documents the concrete carrier usually was not specified, the responsibility of the forwarding agent was indistinctly adjusted.
For exception of possible misunderstanding in similar situations its agent in a place of delivery of a cargo, грузоотправитель, грузополучатель, an actual carrier, a route of transportation, the characteristic and a condition of a cargo, a condition of payment, whether застрахована transportation, and also other information which precisely defines conditions of all process of transportation of a cargo is entered into reference FIATA FCT in which are specified the forwarding agent.
Document FIATA FCT is the most expedient for using in case of when the forwarding agent operates as the agent and the contract on transportation with an actual carrier is already concluded.
From legal point of view FIATA FCT - the document certifying acceptance by the forwarding agent under the responsibility of a party of a cargo together with irrevocable instructions cargo on shipment грузополучателю, specified in the document.
Having given out FCT, the forwarding agent bears the responsibility for delivery of a cargo cargo according to the received instructions. Грузоотправитель has no right to withdraw the instructions after it has accepted given out by forwarding agent FCT. Instructions can be cancelled only in case of return FCT to the forwarding agent.
The forwarding agent, giving out document FCT, guarantees, that:
- It or its agent makes acceptance of the cargo specified in the given document, and the right of the order by it after that belongs exclusively to the forwarding agent,
- On appearance the accepted cargo is in proper condition,
- The information containing in the given document, corresponds to the instructions received by it,
- No conditions and positions of transport documents (the consignment, etc.) conflict to obligations which the forwarding agent takes up according to present document FCT,
- Distribution of the responsibility for transport insurance of the given party of a cargo is coordinated,
- Obviously also the quantity of the given out originals (one or the several) is unambiguously stipulated.
Unlike FCR, document FCT is turnaround, i.e. товарораспорядительным the document as delivery of a cargo can be carried out against properly signed original of this certificate. Transfer of the document to the forwarding agent can be considered as transition of the property right to a cargo.
Unlike FBL, document FCT shows, that the forwarding agent operates not as a carrier and as the agent, i.e. between it and an actual carrier is concluded the contract on transportation on usual conditions for a carrier. The forwarding agent takes up the responsibility before holder FCT for delivery of a cargo up to destination through services of the carriers chosen by it. It is responsible for a close and circumspect choice of carriers, for quality and correctness of instructions given by it. However the forwarding agent is not responsible for action or omission of a carrier or any third party involved in transportation of a cargo. In case of default by a carrier - the third party of the contract of transportation or the transaction concluded by the forwarding agent, the forwarding agent is obliged to inform immediately on it to the client, to collect necessary proofs, and also on demand of the client to transfer it the right to presentation of claims.
Example: It is necessary to provide transportation of a party of a cargo from Odessa to Barcelona. Грузоотправитель the сиф-PORT Barcelona agrees with the forwarding agent about transportation on conditions. The forwarding agent, having concluded the contract on transportation with an actual carrier, gives out грузоотправителю FIATA FCT c the instruction of this carrier and a route of transportation. Грузоотправитель can show the document in bank for reception of money for the goods. The forwarding agent, having given out document FIATA FCT, guarantees грузоотправителю delivery of a cargo specified in the document грузополучателю, but thus does not incur the responsibility for actions involved by it to realization of transportation of actual carriers.
Having at order FCT, its holder can receive in the bank payments for the sold goods, accelerating thus a turn of money (in the document of the International chamber of commerce № 470/251 it is told: " banks accept forwarding documents of type FCT if about it the corresponding instruction in the letter of credit " is made).
For maintenance of delivery of a cargo to owner FCT, the forwarding agent sends a cargo to the agent on destination, and also allows the instruction to keep a cargo in the order before reception FCT. In FCT the agent in destination to which owner FCT for reception of a cargo should address is underlined. The forwarding agent bears the responsibility before owner FCT for mistakes of the agent. For the control over delivery of a cargo the forwarding agent should have at the order all transport documents of the carrier which has been given out on the given party.
The forwarding agent who has given out FCT, has the right to make a decision on change of a route of transportation or on change of a type of transport if necessary under own discretion.
Use FCT raises operative independence of the forwarding agent, relieves it of excessive coordination, requirements of additional powers, etc., that accelerates and simplifies process of delivery of a cargo.
FCT allows to carry out transportation under one document, under one rate (the order of payment of the freight enters the name in the special column), with uniform means of payment, and also with an opportunity of settling of disputes under the law and within the limits of jurisdiction of a place of delivery of the document and in view of the General conditions of activity of the forwarding agents printed on a underside of the document.
FCT - the document similar on FCR. It stands out the forwarding agent who is representing itself as the agent, and means, that the contract of transportation is legally concluded between the forwarding agent and a carrier.
Giving out FCT, the forwarding agent testifies that it has received the goods in a good condition and has incured the responsibility for the control (under condition of irrevocable instructions) on its sending cargo.
Having given out FCT, the forwarding agent is responsible for delivery and the validity of the goods, according to the received instructions.
Also, as well as at delivery FCR, the seller or the exporter has no right to cancel the instructions if the forwarding agent has already given out to it FCT. Instructions can be аннуллированы if FCT it is returned to the forwarding agent.
The basic difference of forms FCR and FCT consists that FCT is the translation (turnaround) document and should be presented to the forwarding agent грузополучателем in a place of delivery of the goods.
Though it does not bear the legal responsibility for actions and omissions of transport agencies and carriers, the forwarding agent is responsible for actions and omissions of the agent to which it has charged delivery of the goods to destination.

FIATA FFI - the form of instructions on экспедированию (it is developed FIATA in 1984) which serves for simplification of drawing up and delivery by the cargo owner to the forwarding agent of the full and precise order for transport-forwarding services.
In FIATA FFI it is underlined and the information used by the forwarding agent at registration of any transport-forwarding operations contains. For example, conditions of sale and purchase, payment, insurance, the characteristic of a cargo, a country of origin, conditions of the documentary letter of credit, presence of instructions under the reference with a cargo (in case of transportation dangerous, bulky goods), documents applied and demanded in addition, etc. can not contain more in one of transport documents. In case of not uses FFI it is necessary for forwarding agent to collect all this information from other documents.
FIATA FFI it is filled and assured by the client of the forwarding agent, it is transferred the forwarding agent together with other documents, such as the customs declaration, the certificate on an origin of a cargo, commercial invoices, transport documents, etc., and can be a basis for registration of the contract of transport expedition.
The form of form FFI is developed according to system of coding of the United Nations for the trading-commercial documentation and the having purpose creation of bases for standardization of the documents used in international trade and transport systems.
In the majority of columns of the form four-unit conditional number (code) is put down. This conditional code is intended for use as the identifier of corresponding terms and headings of the form, can be applied instead of a full name of the corresponding term and allows to avoid possible casual or deliberate mess at use of full names. Application of such conditional codes allows to eliminate an opportunity of two-place interpretation of instructions, and also existing language barriers at a designation of various terms and concepts. These numbers have no additional semantic loading except for those concepts which they designate.
Such characteristics of form FIATA FFI do possible its transfer by means of EDI (electronic data exchange) in conformity with the standard of systems of an exchange of electronic data for management, commerce and transport ЕDIFACT which is developed and it is recommended for use by the European economic commission (Еek) the United Nations and other international organizations.
Considering the set forth above advantages of the given form, the forwarding companies are recommended to provide with forms FIATA FFI of the clients, having instructed them about the order of filling of the document and to use advantages of this form in the work.
Typical form FIATA FFI represents the important tool, allowing to raise a level of professional standards in forwarding branch and besides promotes simplification and unification of trading-commercial documents, that is stipulated by recommendations UNCTAD (Conference on trade and development of the United Nations), ЕЭК the United Nations.

In 60th years forwarding agents have started to offer the clients complex services on delivery of cargoes, and also services on consolidation of cargoes. Thus forwarding agents gave out to clients as that acknowledgement, that the cargo moves to destination, own waybill or the transport certificate of the forwarding agent (FCT), but they had no certain legalized validity and banks did not accept them under the letter of credit.
Thus the forwarding agent could not give to the client such transport document which would meet its commercial needs.
In 1968 FIATA has developed FBL, and in 1983 the International chamber of commerce (ICC) has officially recognized FBL, as the document comprehensible in an expert of the letter of credit.
Now FBL is one of most often used combined transport documents in the world.
Unlike FCR, FBL is the transport document, which forwarding agent gives out as a carrier and thus incurs the responsibility for all transport operation from a place of reception of a cargo up to destination.
Delivery FBL means:
1. The forwarding agent incurs the responsibility for the goods and receives the exclusive right to dispose of them.
2. The goods are externally represented in a good condition.
3. Details of documents correspond to the received instructions
4. The transport insurance is stipulated with грузоотправителем.
5. The quantity of the given out originals is precisely stipulated.
As transport document FBL ascertains, that the goods are transferred to a carrier and testifies, that the contract of transportation between a carrier and грузоотпра - вителем is concluded and that the goods will be transferred грузополучателю or to owner FBL against representation of this document.
The main features of the responsibility according to FBL
First variant FBL (" FIATA Multimodal Transport Bill of Lading ", " Multimodal transport consignment FIATA ") has been based on Tokyo rules CMI (Comitе Maritime International, Between. That is, when loss or damage can be carried to a concrete way of transportation the rules applied on this type of transport according to the obliging international or national legislation, it is necessary to apply also and concerning the responsibility of the forwarding agent.
This principle is observed not only in FBL, but also and in the subsequent projects of agreements, down to the Convention of the United Nations concerning the international multimodal transportation of the goods (UN Convention on International Multimodal Transport of Goods, "MT-convention") 1980
According to the MT-convention, a principle of the through responsibility apply in favour of the client only when the limiting sum certain from those reasons that the concrete type of transport was used, would appear higher, rather than the sum, calculated according to the "basic" responsibility зкспедитора.
In зтом a case the responsibility of the forwarding agent, is limited 2 SDR for kg of the lost either damaged goods, or 666, 67 SDR for packing of a cargo, (in зависимлсти from what sum is more).
(SDR - Special Drawing Right it is defined by the International currency fund, now SDR it is considered as follows: 39 from USD 21 from DEM 18 from JPY 11 from GBP 11 from FRF).
The following essential principle concerns the responsibility of the forwarding agent (the "basic" responsibility) which it is necessary to apply every time when loss or damage cannot be carried to concrete pieces of a route of transportation.
As meant, that FBL it is necessary to use, as a rule, when the contract about multimodal transportation provides, that the significant piece of a route of transportation passes on the sea, it was natural to base responsibility MTO on the general principles of the responsibility by transportation the goods sea by. Thus, rather low limiting responsibility used concerning transportation of the goods on the sea (эт has been established.
Materials are developed and given ASSOCIATION OF INTERNATIONAL FORWARDING AGENTS UKRAINE (AIFAU)