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Policy & Compliance


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the focus will be on FBLs and FCRs. It is important to remember that, like all FIATA documents, they need to be the correct colour: • Pale blue for FBLs, • Pale green for FCRs. On the subject of colour, whilst the


precise shade is not required, a good approximation is expected. Within the body of the documents, the FIATA logo has


A reminder regarding the correct issuance of FIATA documents


Incorrect colour usage can result in FIATA documents being rejected


Background BIFA has recently received several enquiries from Members regarding the correct issuance of FIATA documents, and in particular FBLs and FCRs.


The most interesting scenario concerned the


rejection by a bank of two FBLs for shipments under a letter of credit. The reason given was that the documents were non-compliant with FIATA guidelines, being


plain white with no logo printed on them as a watermark.


Overview of the guidelines The problem appears to be that commercially available software permits the printing of FIATA documents without certain key information being required, and subtle but significant differences between hard copy and system-generated documentation. For the purpose of this article,


to be shown in white. This might seem to be old fashioned but these documents are more likely to be used in trades with countries with a preference for using paper documents. In order for a UK forwarder to issue a FBL, it must to be a member of the national trade association, which for the UK means BIFA. Some Members still buy pre-numbered sets that are supplied directly from BIFA. Others wishing to print their own, or issue system generated documents, need to apply to BIFA for a licence. Also, they have to provide a sample copy of a FBL to demonstrate compliance with the specific document format. Pictured below left is a copy of the upper part of the document. There are two significant differences between the layout of the hard copy documents and those that are system generated, the latter must show: • FBL licence number, • BIFA registration number.


Consequences of issuing non-compliant documents This is a little difficult to gauge in many ways as there does not appear to be any case law on this subject. As a solicitor noted, maritime law tends to be pragmatic and if it “walks like, looks like and quacks like a duck, a court is likely to decide that it is a duck.” Similarly, if the issuing party is entitled to issue a FBL, even if there are issues regarding the design layout, a court is likely to decide it is a FBL. The concern is that non-compliance will contribute to weakening the forwarders’ position of professional competence if other issues are apparent relative to a particular consignment. The other issue that we have noted is that the


more ‘thorough’ banks have rejected the documents of a small number of shipments causing delay, disputes and additional cost. Bearing in mind the above circumstances, we would urge all Members to check to establish whether or not they are issuing FBLs, and whether or not they have the relevant licences in place. If you do not, please contact the membership department of the BIFA Secretariat who will be pleased to assist.


8 January 2018


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