www.bifa.org


Robert Keen’s Column


BIFAlink


BIFAlink is the official magazine of the British International Freight Association Redfern House, Browells Lane, Feltham TW13 7EP Tel: 020 8844 2266 Web site: www.bifa.org E-mail: bifa@bifa.org (A company limited by guarantee. Registered in England: 391973. VAT Registration: 216476363)


Director General Robert Keen r.keen@bifa.org Executive Director Robert Windsor r.windsor@bifa.org Executive Director Spencer Stevenson s.stevenson@bifa.org Executive Director Carl Hobbis c.hobbis@bifa.org Policy & Compliance Advisor Pawel Jarza p.jarza@bifa.org Policy & Compliance Advisor David Stroud d.stroud@bifa.org Editorial Co-ordinator Sharon Hammond s.hammond@bifa.org


Published by Park Lane Publishing peter@parklanepublishingltd.com Contributors Robert Keen, Robert Windsor, Pawel Jarza, David Stroud, Spencer Stevenson, Carl Hobbis, Sharon Hammond


Understanding who is an agent


In this issue of BIFAlink on pages 10-11 we return to a much-covered issue with an article about acting as an agent, which links to the Merchant Clause on bills of lading. This topic arises regularly in Member calls to the Secretariat; it is clear that many people think that if they call themselves an agent then they are not covered by the shipping line booking terms. Exclamations such as “but I am not mentioned on the bill of lading” or “but I am only an agent” have been heard many times. It should be remembered that it is not what a company says it does, but what it actually does, that defines the legal status. The best example of an agent is an estate agent. The firm is contracted by the seller to introduce it to a buyer. The contract for sale of the property is between the buyer and


the seller, and the estate agent charges an introduction fee that is clearly indicated. You can only be an agent with a shipping line if your customer is placed in a contract with the line and you charge an agency fee or commission. If you buy the space from the line and invoice from your tariff with a hidden mark up, you are acting as a principal and are bound by the shipping line terms of business. An issue that BIFA has been considering for some time is how we communicate with Members and other


stakeholders. BIFAlink is just one of the channels we use to communicate, but the lead time between going to press and delivery to post box means we have to focus on content that is not time sensitive. But in an era when communication is delivered immediately, electronically, we decided that a wide-ranging


audit of the manner in which BIFA communicates was necessary, Part of this was the recent survey of Members, to which we hope you were able to respond. If you missed the survey, it is not too late to give feedback; just e-mail r.keen@bifa.org with your views. The communications audit will lead to a rolling programme of improvements, details of which will be provided in future editions of BIFAlink. Judging from Member feedback, it has been a demanding first quarter with new EU Exit routines and the


ongoing capacity challenges. Many BIFA Members are struggling with staffing and that led to our call, midway through National Apprenticeship week, for Members to consider the recruitment of apprentices. The International Freight Forwarding Specialist apprenticeship, which BIFA helped create in 2018, is an ideal


entry point to the industry and can be delivered by approved providers. The apprentices undertake the BIFA BTEC Intermediate Award in Customs Export and Import procedures as part of their skills development. Significant funding is available through the government’s support scheme for training and apprenticeships. For information on recruiting an apprentice, contact Carl Hobbis at c.hobbis@bifa.org In the first quarter of 2021, it was disappointing to see a discredited old line repeated in a prominent trade


Note to media: If you wish to use items in this magazine that are older than 1 month, please contact the editor to ensure that the item in question still reflects the current circumstances.


Please be advised that BIFA DOES NOT OFFER LEGAL ADVICE. BIFA is not a law firm and the authors of this publication are not legally qualified and do not have any legal training. The guidance and assistance set out herein are based on BIFA’s own experience with the issues concerned and should not be in any circumstances regarded or relied upon as legal advice. It is strongly recommended that anyone considering further action based on the information contained in this publication should seek the advice of a qualified professional.


journal that the forwarding profession is doomed, based on an unsupported suggestion that forwarders had not performed well during the pandemic. BIFA of course immediately castigated the journal for not giving a balanced view, with no evidence provided by the author, a self-proclaimed specialist in “mathematical optimisation solutions to solve complex planning and scheduling problems”. The Mark Twain quote that “rumours of my demise have been greatly exaggerated” can often be applied to those that tell us that freight forwarders are living in the past, and that the so-called “digital forwarders” are the future. Despite waiting many years for a promised digital revolution, it is my view that the traditional forwarder still serves the customer best. “People not planes deliver” was a tag line at one of my old employers and we have yet to see any sign of the human touch being eliminated.


Robert Keen Director General


April 2021


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