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May 2013 www.bifa.

org

BIFAlink
The magazine of the
British International
Freight Association
Issue: 271

INSIDE

7: News
Port of Felixstowe
doubles rail freight
capacity

9: Legal Eagle
Know your BIFA
Standard Trading
Conditions

Temporary storage 12: Trade Services


e-Air Waybills herald
the end for paper
contracts

rules take shape 16: Profile


NNR Global Logistics
service speed delivers
results

See pages 10-11


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www.bifa.org Peter Quantrill’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
An export-led recovery
Fax: 020 8890 5546
Web site: www.bifa.org
As I wrote this month’s column, a very interesting email popped into my inbox.
E-mail: bifa@bifa.org It was a Confederation of British Industry (CBI) report on renewing the UK’s role as a
A company limited by guarantee. trading nation, making clear that the opinion of the leading organisation for British
Registered in England: 391973.
VAT Registration: 216476363 business is that the ‘only way is exports’.
Director General The report combines economic analysis of UK trade performance and
Peter Quantrill
recommendations – for business and government – to help UK exporters penetrate new
p.quantrill@bifa.org
Executive Director markets as well as reinforce their position in crucial mature economies.
Robert Keen I agree with the CBI’s assessment that while government has made some progress
r.keen@bifa.org
Director Trade Services on helping slow the decline in our share of exports, there is clearly more work to be
John O’Connell done.
j.oconnell@bifa.org
The report lists a raft of measures that the CBI says are necessary, and the experts will now question if and
Manager Trade Services
Robert Windsor how the measures might lift the UK’s export performance. What will not be questioned is how welcome it will be
r.windsor@bifa.org for BIFA Members should any of the measures translate into greater volumes of visible exports in which their
Member Relationship & Information
Manager
services play such an integral role.
Spencer Stevenson Coincidentally, one of the articles in this issue is about three workshops we hosted at a recent symposium
s.stevenson@bifa.org organised by the Department for Business, Innovation and Skills (BIS) to help explain the importance of the
Editorial Co-ordinator
Sharon Hammond relationship between freight forwarders and exporters in the export licensing process. The symposium
s.hammond@bifa.org concluded that an export-led recovery would depend on there being minimal delays as a result of issues with
Administration Controller
the licensing process.
Jane Robinson
j.robinson@bifa.org Elsewhere in this informative edition of BIFAlink, we take a look at recent changes to late payment legislation
Published by and include details of some of the noteworthy amendments.
Park Lane Publishing
peter@parklanepublishingltd.com Our review of BIFA’s STC reaches clause 7, which covers the issue of direct and indirect representation
Contributors regarding the relationship between forwarders and their customers.
Peter Quantrill, Robert Keen, John
On page 10 you can read how BIFA Members were acknowledged by HM Revenue & Customs in pointing out
O’Connell, Robert Windsor, Spencer
Stevenson, Sharon Hammond issues regarding free circulation of goods, as part of the consultation process relative to temporary storage and
Regional Representatives ERTS operations.
Jim McCall - j.mccall10@btopenworld.com
Scotland From the railfreight sector, we include a report about how and why the Port of Felixstowe has doubled its rail
Paul Young freight capacity, whilst in airfreight we consider the positive impact of the recent ratification of the multilateral
youngyes@aol.com e-air waybill agreement, drawn up by FIATA and IATA that paves the way for e-waybill expansion during 2013.
North West, Midlands & Northern Ireland
Geoff Stark Within the ocean freight environment, we investigate the ongoing problem with piracy where the focus
grstark@grstark.karoo.co.uk appears to have changed from East to West Africa; as well as looking at a recent report that examines what
North East (Humber, West Yorkshire)
Colin Young
might happen if the Suez Canal was closed. Possible legislative change in the USA regarding NVOCC tariff filing
young_colin@talk21.com completes a triumvirate of ocean freight articles.
South (London West, Solent, SW England & Our Association works by bringing Members together, both formally and informally, in all types of forums. We
S Wales)
Nigel Peall – nigel.peall@btinternet.com encourage meetings where Members discuss items of mutual interest, both local and national. That is why we
South East (London East, Dover, hold regional member meetings around the UK, and there are some due to occur soon. Contact your Regional
Felixstowe, Rochester)
Representative to find out details of the next one in your area.
Subscription rates: UK £36 As well as regional meetings, we offer continuing training opportunities to our Members. I urge you to take a
Rest of the World £48 few moments to scan the timetable in this issue and book a relevant course today.
Returning to the CBI report; I will be watching with interest to see to what extent the measures outlined are
implemented, whether the UK’s export performance is lifted as a result, and whether that leads to increased
Please be advised that BIFA DOES volumes of visible exports and greater utilisation of the freight and logistics services delivered by BIFA
NOT OFFER LEGAL ADVICE. BIFA is Members.
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 Peter Quantrill, Director General
strongly recommended that anyone
considering further action based on the
information contained in this publication
should seek the advice of a qualified
professional.

May 2013 3
BIFAlink News Desk www.bifa.org

Ian Matheson, from Impress Communications, reviews some recent news that might impact on members’ business

operating out of Dover. The arrival


of a third ferry operator has
supported the growth and improved
the market share for the Port of
Dover, said managers.

On the waves
According to the latest Drewry
Logistics Executive Briefing for
importers and exporters, nearly 150
sailings were cancelled on the
transpacific and Asia-Europe routes
between October 2012 and February
2013. The report says that these
have had demonstrable effects on
freight rates and on the regularity of
service provided to shippers. Drewry
asks whether this carrier practice of
cancelling sailings will continue
beyond the winter months?

The Global Shippers’ Forum has

New round of haulage launched a global campaign to


enhance safety in the maritime
transport supply chain by securing

firm mergers predicted improvements in logistics practices


to ensure safer transport operations.

In business
Overland would like to see maximum HGV IATA is set for a major restructuring Since the launch of Real Time
Haulage operators should brace dimensions of 18.75 m in length this summer “to even better Information (RTI) submission of PAYE
themselves for a new round of and 44 tonnes for international address the needs of its 240 returns last month, HM Revenue &
merger and acquisition activity, as a transport, and the blocking of member airlines” said a statement. Customs has reported six-digit
series of curious circumstances cross-border traffic of mega trucks. volumes of activity. Under the new
begin to shape the industry, Emirates SkyCargo has become the PAYE reporting system, introduced
according to a new report from A Freedom of Information request first carrier to implement Electronic- on 6 April, employers report PAYE in
analyst Plimsoll Publishing. The from a local resident has revealed Air Waybill (e-AWB) shipments real time whenever they pay their
study warns that a combination of that St Albans District Council under the industry’s recently ratified employees, rather than annually.
stockpiling cash, difficult growth, spent almost £1 million in opposing multilateral e-AWB standard.
low interest rates and ageing a rail freight terminal being built in The CBI has demanded a new
directors has left at least 75 the city, with £937,880 having been Portside package of export-boosting
companies ripe for acquisition as spent on the application over the Construction is set to begin this measures to help British firms
the sector consolidates, evolves last four years, not including council summer on the Heysham to M6 link unlock overseas opportunities. They
and starts to prosper again. officers’ time. road, which was given the green include an incentivising tax break, a
light three years ago and will allow review of the practicalities of the
After an industry campaign, HM In the air traffic travelling to and from Bribery Act and making export
Revenue & Customs is set to The late timing of the Chinese New Heysham port to avoid Lancaster. finance schemes easier to access.
increase the overnight subsistence Year skewed global cargo statistics The link road is expected to be
allowance for HGV drivers. For in February, IATA figures show. completed in two years. The European Commission has
lorries without sleeper cabs, the Freight volumes stalled 6.2% from launched a €66.7 million call for
amount will rise to £35.90, an February 2012, though February Road haulage traffic at the Port of proposals to counter road
increase of £1.05, while the amount volumes actually rose 2%, on an Dover increased 6.75% to 518,979 congestion and make freight
for lorries with sleeper cabs will rise adjusted basis year-on-year. In fact, vehicles during the first quarter of transport more environmentally
to £26.20, an increase of 80p. seasonally adjusted freight volumes 2013 compared with one year friendly under the Marco Polo
were 2.5% higher than they were at earlier, helping the Kent gateway to programme, which funds
Lobby group Freight on Rail is the October 2012 low point. Both beat the UK’s economic trend with sustainable freight transportation.
calling on Brussels to set maximum North American and European positive traffic growth for the Project proposals must be
limits on the length and weight of cargo carriers also posted declines period. Last year, the cross-Channel submitted before 23 August 2013
HGVs in its new legislation. They in the month. market had only two ferry services from companies throughout the EU.

4 May 2013
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BIFAlink News Desk www.bifa.org

BIFA US legislative
changes planned
Members at the Federal
raise £10,000 Maritime
Commission
The BIFA Liverpool Region Annual It was back in 1990 that FIATA first
Dinner was a sell-out on petitioned the US Federal
22 February. Maritime Commission (FMC)
Hosted by Radio Merseyside regarding NVOCC tariff
broadcaster Willie Miller, and with exemptions.
entertainment provided by Since then there have been
acclaimed comedian Josh Daniels, many attempts to lobby for
the evening proved to be not only changes to these regulations, so
the most enjoyable in recent years, we were pleased to hear that
but also the most productive in during its meeting on 13 February,
raising over £10,000 on the night for and Zoe’s Place. the Liner at Liverpool Hotel on the FMC approved a proposed
the chosen charities, the Ellesmere Plans are already in place for Friday 28 February. Look out for new rule for public comment.
Port Sea Cadets, Help for Heroes 2014 when the event will be held at details when bookings open in June. Under the proposed rule,
foreign Ocean Transportation
Intermediaries will be able to enter

Maersk Triple-E containership into negotiated rate agreements


(NRAs) in lieu of publishing rates.

construction to feature on TV In order to enter into an NRA


they will need to register with the
FMC and provide slightly more
information than that which is
The world’s largest vessels currently required. They will also
(Maersk Line’s 18,000 teu Triple-E need to renew their registrations
containerships) are to be the every three years.
subject of a television BIFA has a key role in the
documentary on Discovery activities with FIATA, as the
Channel next November. Split over chairman of the FIATA Working
six programmes you will be able Group Sea Transport is BIFA’s
to follow every stage of the Triple- Robert Keen.
E development starting at the BIFA representations are made
design stage to the ship’s naming in support of FIATA activity
ceremony and maiden voyage on together with the Transport
the Asia-Europe route. The Intermediaries Association (TIA) in
documentary series will be titled the US.
The World’s Largest Ship. Our joint response supporting
The Triple-E has a unique hull excited about these vessels and seeing a time lapse video of the the proposed new rule was
and promises environmental proud to have Discovery Channel building of the Triple-E, available on submitted in April.
improvements with new safety as a partner for showing how it is the below website URL. It consists BIFA members will be kept
systems. “The Triple-E is an built, and the people and passion of 50,000 photos taken over a informed of timescales as this
exceptional ship, in terms of its size behind it,” said Morten Engelstoft, three-month period. develops.
as well as its energy-saving chief operating officer, Maersk Line. www.worldslargestship.com./
technology and design. We are Readers may be interested in building-triple-e/
Don’t keep it to
yourself
AFSS celebrates 20th anniversary Remember to circulate BIFAlink to
your colleagues. Not your copy of
BIFA notes that this month the suppliers of software to the freight As he looks forward to the BIFAlink? – register for your own
Association of Freight Software and transportation industry, and is challenges ahead, Mr Gower said: copy by contacting Jane
Suppliers (AFSS), chaired by Ken well respected within HM Revenue “Major developments over the next Robinson in membership
Gower, celebrates its 20th & Customs, having involvement few years in EU Customs (j.robinson@bifa.org).
anniversary. with all of the main consultation procedures, and a greater emphasis BIFAlink is free to BIFA member
The association brings together groups covering imports, exports, on security issues, will have a big companies or available by
and represents many of the leading excise and transit. impact on software development.” subscription to non-members.

6 May 2013
www.bifa.org News Desk BIFAlink

Port of Felixstowe doubles


rail freight capacity
Increasing volumes of cargo are
being moved to and from our
major ports by rail, as has been
reported previously in BIFAlink.
Underpinning this change is the
BIFA’s Robert Keen
increasing capacity resulting from
improvements to the rail network
is new chairman
and at the ports. These of the UKACC
developments, coupled with cost Robert Keen
savings and better service (pictured), BIFA’s
provision from the train operators, executive director,
have generated growth in rail has been elected

Courtesy of the Port of Felixstowe


movements. chairman of the United Kingdom
In February, Hutchison Ports Air Cargo Club for 2013/2014. The
updated BIFA’s surface policy group club used to have branches across
on the progress of its new North the UK but as industry socialising
Rail Terminal at Felixstowe. has diminished over the years there
Between 2001 and 2012, rail freight is now only the central club based
volumes doubled from 250,000 to in London. Nevertheless, the club is
500,000 units. open to all UK air cargo sector staff
The port owns and operates the the UK. In addition to these increasingly being demanded. Not and continues to provide a full
UK’s busiest intermodal rail technologically advanced cranes only will there be more trains social programme for members.
terminal, servicing 17 inland the terminal boasts the only handled but these will increase in Robert has chosen Headway (the
terminals with 58 train movements intermodal locomotive traverser in length up to 35 wagons. brain injury association) as his
per day. In 2012, rail accounted for the UK. This new terminal, plus track charity and the club is planning
27% of all movements to and from The new rail terminal has been improvements on the rail network, business lunches, a quiz night, a
Felixstowe and there are ambitious co-financed by the European Union will increase capacity to 1.8 million football tournament and a golf day,
plans to expand this further. Trans-European Transport Network teu per annum. It is envisaged that so that industry colleagues can
The Port of Felixstowe will double (TEN-T) programme. Construction 750,000 lorry movements a year will socialise and raise money for a
its rail capacity with the arrival of work is nearing completion, with be saved, which in some people’s good cause. The culmination of his
three state-of-the-art rail mounted 10 km of track laid and the rail minds has raised questions about chairmanship will be the traditional
gantries (RMG) as part of the traverser successfully installed in the need to improve the A14. The gala ball in London which usually
development of the new North Rail February 2013. estimated carbon saving is put at attracts over 400 people.
Terminal. These first three RMGs When the new rail terminal opens 100,000 tonnes per annum. If you want to support Robert in
will span the new nine-track later this year, it will double the Further information on the project his year as chairman, find out more
terminal, making them the biggest port’s rail capacity at a time when can be found at about UKACC by visiting the club
intermodal rail terminal cranes in low carbon transport solutions are www.portoffelixstowe.co.uk website at www.ukacc2000.co.uk

The Limits of Liability for Carriers


By sea – Hague Visby By air – Warsaw
In association with
rules (2 SDR): Convention (17 SDR):
£1.97 per kg £16.70 per kg
£655.08 per package
BIFA STC: (2 SDR):
By road – CMR £1.97 per kg
(8.33 SDR):
£8.19 per kg (The SDR rate on
15 April 2013, according
By air – Montreal to the IMF website, was
Convention (19 SDR): 0.982608)
£18.67 per kg
+44 (0) 1628 532 613 www.peter-lole.co.uk

May 2013 7
BIFAlink News Desk www.bifa.org

New outbreak
of piracy in the
Gulf of Guinea
Just as the number of attacks off
Somalia decreases there has
been an increase in piracy
incidents to the west of Africa.
The new high risk area is the
Gulf of Guinea.
So far this year there have
been 11 attacks in which three
vessels were hijacked. There
were 55 attacks last year.
Currently the main target is oil
and the hijacked ships have had
some product stolen. This
contrasts with Somali attacks
where the targets are held for
ransom.
The UN Security Council
issued a series of resolutions
allowing foreign navies to

What would happen if the operate anti-piracy operations


close to, and even into, Somali
waters. Such action is unlikely to

Suez Canal was shut? be repeated for the Gulf of


Guinea as the coastal states are
functioning nations.
Not all these attacks are for
An article in a recent edition of comfort for those dependent on the East to Europe via the Cape of oil, with other commodities also
Drewry’s Container Insight Weekly Suez Canal. Although the arterial Good Hope simply by increasing stolen. Currently this has not
featured an article which asks trade route is unlikely to close, the vessel speeds, which means that impacted the freight forwarding
‘What if the Suez Canal was shut?’ possibility cannot be ignored. closure of the Suez Canal tomorrow sector and it is hoped this will
All eyes are currently watching According to Drewry’s would not be a “train smash”. continue to be the case.
the deteriorating political situation calculations, there is enough spare To read the full article, go to the If circumstances change we
in Egypt. Recent civil riots in Port vessel capacity to absorb most of following link: will alert you via BIFAlink.
Said were, arguably, too close for the shock of sailing from the Far http://tinyurl.com/d8lnszo

More scammers than ever attempting to con you


We have joked before that we could issue an a quotation was authentic. Fortunately the the bank in the meantime says the deposit you
edition of BIFAlink dedicated to scams, and scammer was not too bright and signed the have repaid against was worthless.
from feedback lately it is clear that there are e-mail “Peter Pan”, causing a ripple of amusement Traders are being ripped off too. A company
more people than ever trying to con you. Mostly from the Members. However, the point to beware recently purchased bills of lading for goods sold
these scams are easy to spot, with the usual of is that if a more believable person’s name had whilst en route, only to find the BIFA Member’s
tale-tell sign being an e-mail address such as been used then credit checks would indicate the website had been cloned and what they had
Yahoo or G Mail for what is supposed to be a company asking for the quote was bona fide. bought was forged documentation.
trading company. However, sometimes the Most of these scams start with you being asked Finally, we still receive calls from individuals
scams are more elaborate, such as the recent to quote to move a commodity. Our sector who think they have bought a car over the
spate of fake demands purporting to have grapevine is full of these, such as the teddy bear internet and the BIFA Member will deliver it to
originated from iata.org. scam or the wedding dress scam. Another them and collect the balance. The car does not
Many Members have reported a recent common one doing the rounds is to move furniture. exist and the company has copied a BIFA
approach seeming to come from the legitimate In most cases the scammer deposits many times member website. The scammers make a quick
company Towelsoft. This company is registered the quotation into your bank account and then hit and collect some deposits (usually €2,000)
in the UK with Companies House and requests you send the “accidental overpayment” before disappearing completely.
rudimentary checks would indicate a request for back to him. You send him legitimate money and If it seems too good to be true...

8 May 2013
www.bifa.org Legal Eagle BIFAlink

Courtesy of the Port of Felixstowe


states that he is acting in the name

Know your BIFA Standard of or on behalf of another person


without being empowered to do so,

Trading Conditions shall be deemed to be acting in his


own name and on his own behalf.
Art. 5 (5) of EEC Regulation No.
2913/92 states that the customs
authorities may require a person
Clause 7 deals with the complex subject of direct and indirect
stating that he is acting in the name
representation of or on behalf of another person to
produce evidence of his powers to
In this month’s examination of the have evidence that their the acts and formalities laid down by act as representative.
BIFA Standard Trading Conditions relationship with their customer is the customs rules. Art. 5 (2) states Clause 7 of the BIFA 2005A STC
(STC) we reach clause 7, which was as a direct representative and that such representation may be: establishes the role of the company
a new addition when the 2000 STC correct incorporation of the BIFA • direct, in which case the when making customs declarations
were superseded in 2005. STC in contracts with the customer representative shall act in the and the like to HMRC as that of a
Direct and indirect representation are another piece of this evidence. name of and on behalf of direct representative (and thus not
is a difficult subject, as if a another person or as an indirect representative) so
forwarder is indirect and his CLAUSE 7 • indirect, in which case the that the liability for any unpaid
customer disappears leaving a debt In all and any dealings with HMRC representative shall act in his duties rests with the customer and
with HM Revenue & Customs for and on behalf of the customer own name but on behalf of not with the company.
(HMRC) then the forwarder and/or the owner, the company is another person. The customer is deemed to have
becomes liable for the debt. deemed to be appointed, and acts confirmed the direct representative
When the legislation was as, direct representative only. Art. 5 (4) of EEC Regulation status of the company when the
introduced in the early 1990s, BIFA No.2913/92 states that a BIFA 2005A STCs are accepted by it
advice was that a forwarder should Chapter 2, Section 1 of EEC representative must state that he is as the company’s trading conditions.
obtain a declaration from each Regulation No. 2913/92 of 12 acting on behalf of the person
customer stating that all transactions October 1992, which established represented, specify whether the We are grateful to BIFA Legal and
were made as a direct representative. the Community Customs Code, representation is direct or indirect, Insurance Policy Group member
However there are instances states under the heading Rights of and be empowered to act as a Derek E. O’Brien who wrote the
(such as goods that are delivered Representation and Article 5 (1) that representative. original publication Know your
duty paid) where you can only be any person may appoint a A person who fails to state that Trading Conditions, which is part of
an indirect representative. representative in his dealings with he is acting in the name of or on the STC training course and on
Freight forwarders should always the customs authorities to perform behalf of another person, or who which this series of articles is based.

May 2013 9
BIFAlink Trade Services www.bifa.org

Temporary storage
rules take shape
In March, HM Revenue & Customs issued information paper (13) 16 entitled Update 1
– Review of ERTS & Temporary Storage Policy. Although it fails to provide complete
clarification of regulations, its main perceived benefit is that it will reduce overall costs

10 May 2013
www.bifa.org Trade Services BIFAlink

Members
would be
advised to
review their
existing
authorisation
in preparation
for the
forthcoming
changes
Since Customs Information Paper will allow carriers to renominate the movement. calculations. BIFA approached
(CIP) (11) 26 was issued, BIFA record to the ETSF operator or for After goods have arrived at the HMRC for its view on the matter. Its
along with other organisations has them to claim the UCR. ETSF, the freight forwarder can very prompt response was: “Your
been actively involved in the HM Goods are removed under Transit ‘unlock’ its records and submit astute Members are absolutely
Revenue & Customs (HMRC) (Stage Two) from the frontier to the routed entries in the normal manner. right. If goods are released at the
consultation process concerning ETSF on public roads using either Although no reference is made to UK frontier (in other words released
temporary storage and enhanced full Transit or Simplified Transit Route H entries in the CIP, it is for free circulation, with all customs
remote transit shed (ERTS) procedures. Discussions with important to note that procedures duties at import paid) they have the
operations. HMRC established that goods remain unchanged for this specific status of Community goods and do
During this period, HMRC entered transit when physically type of entry. not need to be placed under Transit
consulted with trade on many loaded onto a vehicle and are Looking into the future, BIFA is to move them to the ERTS, the
aspects of temporary storage. In discharged from it upon their arrival seeking clarification from the Border guarantee amount only needs to
March 2013, HMRC issued CIP (13) at the ETSF – Stage Three. Force on how to process Route 1, 2 cover the customs duties and other
16 entitled Update 1 – Review of and 5 entries being transferred from charges on the goods not in free
ERTS & Temporary Storage Policy. Agreement reached the frontier to the ETSF. BIFA circulation.”
The consensus amongst our During discussions with HMRC it believes that on an individual basis
Members is that HMRC missed an was agreed that freight forwarders the ETSF operator should discuss Benefits
opportunity to “provide point-blank could enter goods against their own with the Border Force and, if they In practice, this means that lower
clarification” of the regulations ETSF inventory record to a customs satisfy their requirements, a general sums need to be declared as being
surrounding the operation of an procedure or use prior to the authorisation could be written into in Transit, thus reducing the level of
ERTS. physical movement of the goods the ETSF Approval document guarantee required for those
This important CIP is nationally receiving a numbered and routed permitting them to remove Route 1 Members who do not benefit from a
applicable for all goods arriving at CHIEF (Customs Handling of Import and 2’s to the ETSF. 100% guarantee waiver. The main
the frontier, which are subsequently and Export Freight) entry. BIFA believes that shipments perceived benefit is that as the sum
removed to an ERTS (renamed as When the vehicle collects the should be removed to the ETSF for that needs to be guaranteed is
an External Temporary Storage goods to be moved to the ETSF, final examination and clearance, reduced, the overall cost will be
Facility (ETSF)) using Transit. The those consignments that have not and any frontier examinations reduced.
import process for handling the been declared to HMRC enter should only be undertaken in During 2013, it is anticipated that
goods from arrival at the frontier to Transit. It is only during the actual exceptional circumstances. This HMRC will issue further updates
arriving at the ETSF is in three movement of the vehicle from the concept is acknowledged within the regarding temporary storage. It is
stages: frontier to the ETSF that CIP where it states: “The Border important that Members keep up to
• Stage One – Frontier arrival declarations can no longer be Force may agree for physical date with these announcements. On
• Stage Two – Transit submitted. The freight forwarder will examination to take place at the 1 April 2013, a roll-out programme
• Stage Three – Arrival at the have to delay declarations for T1 ETSF whether on a specific or commenced to convert existing
ETSF. status goods in transit until they general basis.” ERTS to the new ETSF. In the light
have arrived at the ETSF. In effect, After publication of the CIP, some of this programme, Members would
At Stage One, a record is created the freight forwarder has to ‘lock’ its Members noted that cleared goods be advised to review their existing
to indicate that goods have arrived records to inhibit the submission of do not enter Transit and need not authorisation in preparation for the
or that their arrival is imminent. This a routed entry during the Transit be included in any guarantee forthcoming changes.

May 2013 11
BIFAlink Trade Services www.bifa.org

being required to print it on the


face of a paper air waybill, became
a legal possibility.

Reality dawns
So far so good, so during 2009/10
IATA and FIATA worked together to
develop a model e-AWB
agreement that the forwarder and
the airline would sign on a bilateral
basis before starting to submit
e-AWBs.
Subsequently though the reality
was that both parties soon realised
that having to sign numerous
separate agreements was simply
too onerous to undertake.
Moreover, the primary objective,
which of course was to promote
greater adoption of the e-AWB,
would be hampered. There was
nothing for it but to draw up a
standard multilateral agreement
that could be signed once by
airlines and forwarders with IATA
administering the project.

Legal framework
The multilateral e-AWB Agreement
provides the legal framework to
conclude air cargo contracts by
electronic means. It includes
provisions for the consent to do an
e-AWB, the rights and obligations
of the parties, and the
confidentiality and security of data.
Nothing in the agreement
changes the airlines’ conditions of
contract nor mandates that either
airlines or forwarders who
participate in the multilateral
agreement are obliged to have an
e-AWB with each other.

New impetus for e-Cargo It simply provides the platform


to do so when the parties mutually
agree to.
l Where to Start: You can
The multilateral e-Air Waybill (e-AWB) Agreement smooths the download a copy of the multilateral
way to removing the paper air waybill and improving e-AWB agreement, along with joining
instructions and a list of FAQ, from
take up the IATA website: www.iata.org/e-
What is the purpose of a paper air the legal contract of carriage of a paper air waybill. awb-multilateral and for more
waybill? between the airline and either the It was not until much later when information contact IATA Cargo at
Of course on one hand it forwarder or the shipper. Warsaw was effectively amended cargo@iata.org
contains data and information that Back in 1929, the Warsaw by the Montreal Protocol 4*, and
facilitates the movement of a given Convention established liability for more definitively replaced entirely
air cargo consignment from origin international carriage of cargo as by the Montreal Convention *MP4/MC99 trade lanes currently
to destination airport. But on the performed by airlines. It (1999)*, that the ability to submit account for 80% of air cargo
other it (importantly) constitutes specifically required the issuance data electronically, instead of volumes.

12 May 2013
BIFAlink Trade Services www.bifa.org

more flexibility and reduce


bureaucracy. Also there is a
commitment to publish clear and
meaningful data regarding
turnaround times by country.
All these announcements are to
be welcomed as steps in the right
direction; however, perhaps
thought could be given to
improving the primary target, either
by increasing the percentage of
licences issued within 20 days or
reducing the 20-day target to a
lower figure. It is accepted such

New export licence targets changes would be difficult to


achieve in the current economic
environment.
Two of BIFA’s main themes at the
The government is aiming to reduce the time taken to obtain a workshops were:
licence, although BIFA has discovered there is also demand for • For exporters to provide
more cohesive and targeted intervention at the borders accurate licensing information to
the freight forwarder and for the
latter to follow these instructions
The licensing of strategic and dual robust export licensing process in applications are issued within this • The need to build long-term
use goods, and intervention by the world. timeframe – the average is more working relationships between
either HM Revenue & Customs On 19 March, BIFA hosted three likely to be 15 to 16 days. Currently both the above parties
(HMRC) or the Border Force, is a workshops for exporters on the role this means approximately 5,000
subject that is frequently raised. of the freight forwarder, at the applications take longer than 20 One theme that did materialise
From Members’ feedback, Department for Business, Innovation days and 800 longer than 60 days. at the symposium was the need to
licensing issues usually impact on and Skills Export Controls The change will reduce the latter to make government intervention at
their customers, whilst frontier Symposium. Michael Fallon MP, approximately 100. the frontier more cohesive and
interventions impact both the Business Minister, announced targeted to prevent delays. BIFA, in
freight forwarder and the during his keynote address that the Aims conjunction with other trade
shipper/exporter. ‘secondary’ target will see 99% of It is important to note this new associations, is discussing with the
Government frequently states export licences being issued within target relates only to Standard Border Force frontier delays and
that it is seeking an export-led 60 days of application instead of the Individual Export Licences, but the best way in which to avert
recovery but business believes that current 95%. beyond this, Government is them. If anybody is able to provide
delays caused due to the licensing The primary target will remain at seeking to improve open licensing. case history where frontier delays
process actually inhibit this 70% of licences issued within 20 A strategy is being devised to impacted significantly on members
process. All agree that the UK has days, although current figures encourage more exporters to use or their customers, please e-mail
one of the most, if not the most, show that 74% of licence open licences in order to give them these to r.windsor@bifa.org

Support your local Region Date Time Venue BIFA Contact

member group Scotland Central


regional Members’ meeting
Tue 7 May 1800 Brodies LLP, Glasgow Jim McCall

Stansted Tue 14 May 1130 LSC, Stansted Colin Young


BIFA holds regional Member meetings around regional Members’ meeting
the UK and here are some due to occur soon. If Heathrow Thu 16 May 1400 Redfern House, Feltham Colin Young
you would like to attend and find out more regional Members’ meeting
Solent Tue 21 May 0800 Duke of Wellington Colin Young
about BIFA and what we do, why not contact
regional Members’ meeting
your Regional Representative. Full contact Gatwick Thu 30 May 1230 Timberham House, LGWColin Young
details are on the BIFA website www.bifa.org in regional Members’ meeting
the Contacts section. London East Tue 18 Jun 1400 DP World, Nigel Peall
All BIFA Members are entitled and encouraged Members meeting London Gateway
Anglia Wed 19 Jun 1000 Holiday Inn, Nigel Peall
to attend their regional meetings. However pre-
regional Members’ meeting Ipswich – Orwell
booking is essential. Heathrow Thu 20 Jun 1400 Redfern House, Colin Young
Contact your BIFA Regional Representative at regional Members’ meeting Feltham
www.bifa.org >Contacts

14 May 2013
www.bifa.org Legal Eagle BIFAlink

Changes introduced to to circumvent the effect of the


regulations, particularly as regards
the points above relative to

late payment legislation unfairness and reasonableness.


In other words, the regulations,
whilst allowing certain freedom to
agree a longer period before
Statutory instrument provides criteria to determine whether a interest begins to run and extra
late period payment is grossly unfair compensation to that fixed
compensation allowed under the
There was a change to late 1998 Act, cannot be grossly
payment legislation from 16 March deviated from using standard terms
2013 and we have detailed here or when dealing with a consumer.
some aspects of the amendments
that are worth mentioning. However, Questions
the BIFA Standard Trading This all means that forwarders who
Conditions are not affected as are in industries where long credit
clause 21(B) applies the 1998 Act periods are imposed through
as amended (and these regulations standard terms should ask the
do amend the Act). customers why they need more
In relation to statutory interest, 30 than 30 days, given the effect of the
days is allowed before interest new enactment. This should serve
begins to be run by the supplier, if it to get credit periods down to 30
is not a public authority, although days in all but the most exceptional
this does not apply if parties agree cases, which should reduce the risk
a longer period, as long as the later of forwarders dealing with huge
date is not grossly unfair to the debts on long credit term periods.
supplier. This would also be an ideal time
to consider the effectiveness of
Criteria credit terms – do they protect you
In determining whether a period is in the event of any breach such that
grossly unfair, the statutory you are able to regard all
instrument says all circumstances outstanding sums as immediately
of the case shall be considered and, due and owing, or do they just
in particular, (a) anything that is a allow you to sue on the breach itself
gross deviation from good and require you to continue to offer
commercial practice and contrary credit on all other sums? Do you
to good faith and fair dealing, (b) have freedom to allot payments to
the nature of the goods or services the oldest debts? Do you have
in question and (c) whether the freedom to waive reliance on terms
purchaser has any objective reason without losing the benefit of the
to deviate from the standard terms in case of future breaches?
position (30 days).
The instrument also provides that Fair but effective
if the fixed compensation (£40 to It is important to ensure that credit
£100 per debt) is insufficient to terms are fair but effective in the
cover the reasonable charges of the event of a breach to enable you to
supplier in recovering the debt, then protect against cashflow difficulties
the supplier shall be entitled to the of your customers in these difficult
equivalent sum of the difference financial times.
between the fixed compensation Do not just give credit; ensure the
and the reasonable cost of credit is given on the basis of
recovery. reasonable terms that protect you.
The instrument expressly applies other’s standard terms of business, performance substantially different
section 3(2)(b) of the Unfair the other party (the non-consumer for that which is reasonably BIFA is grateful to Kay Pysden of
Contract Terms Act 1977 (UCTA), or party with standard terms) expected of him, or to render no Pysdens Solicitors for her
which provides that where cannot exclude or restrict any performance at all unless it satisfies assistance in preparing this article.
contracting parties involve one liability for breach of contract or be the reasonableness test. Pysdens is a BIFA associate
acting as a consumer or on the entitled to render a contractual This therefore blocks any attempt member.

May 2013 15
BIFAlink Profile www.bifa.org

Service speed delivers results charges, they just get one


consolidated per-kilo fee at the
same time as getting the benefits of
a daily express service. On arrival at
NNR Global Logistics UK has developed a consolidated but the destination, they receive one
premium product that flies customer cargoes to market in the customs processing fee, regardless
of how many items there are, so
fastest possible time, writes Giles Large they benefit from consolidation here
too. In essence, we are offering a
NNR Global Logistics UK won the consolidated but premium
Air Freight award, sponsored by product,” he declared. “There are
IAG Cargo, at the BIFA Freight now several of our customers who
Services Awards 2012, held in are using this type of service.”
London in January. He pointed out that this type of
According to the judges, the operation does not suit every
company’s case study showed that customer, as many are not geared
continuous improvements had up for daily, immediate expedited
resulted in significant benefits for its shipments but instead consolidate
client, resulting in the saving of the shipments with NNR on a
thousands of transit days per year. weekly basis.
They added that NNR’s decision to NNR Global Logistics is part of
use express air freight within the Nishitetsu group, which was
Europe, linked to consolidated founded in Japan in 1908. NNR is
services, was “a prime example of an acronym for Nishi Nippon
deriving speed benefits from the air Railroad Company and it is now an
freight network”. international multimodal logistics
According to Lee Griffiths, provider. In the UK, there are offices
director, NNR Global Logistics, its in Glasgow, Manchester and
entry was based on the London, and it is due to open a 3PL
fundamentals of air freight and its centre at a yet to be chosen site
importance to the supply chain, in with good access to London
Lee Griffiths (left), director,
that the faster a product gets to the NNR Global Logistics, with Gateway and Southampton ports.
market, the faster it is sold, managing director Junichi One of its fastest-growing
consumed and re-ordered. Ogata after winning the BIFA operations is ocean cargo, where it
Air Freight award
“In 2010, one of our customers plans to double the size of its ocean
had a real need to increase the division year-on-year.
speed of its order-to-cash ratio. So customer, each day’s inventory is product, yet it does not cost any
we decided that we would use daily equivalent to tens of thousands of more than a consolidated product.” Expanison plans
express air freight services, which pounds.” “We can track everything by its The group’s expansion plans tend
offered the customer a huge serial number or by its purchase to be towards products rather than
financial advantage, even if it was Case study order number. So, if we pick up 20 geography, although NNR already
far more labour intensive for us, While this service is available to all units from a customer and each has has its own extensive NNR branded
compared with conventional air of NNR’s customers, the case study a different serial number but is under global network and has opened
freight services. concerned a particular client one purchase order, the customer new facilities recently in the
“In effect, we re-enforced the moving over 2,000 shipments and can identify the units in our system Netherlands, Poland and the Czech
liquidity advantages of taking days over 100 tonnes of air freight a year by either method. If the product has Republic, as well as other parts of
out of the supply chain,” he stated. between China, the US and Europe. a lifecycle, the customer can see the the world, such as Mexico. “We
“We asked them how they would “Our unique selling point is our return merchandise authorisation have our own facilities in all our key
feel if we could save them 1,000 attention to fine detail, to ensure that and serial number history, when it trading areas,” he declared.
days of transit time and how much there is no latency anywhere in our was removed from the EU customer, “Winning the BIFA Air Freight
it would be worth to them to save part of the supply chain. Everything transited back to the repair platform award confirms our belief that we
one day’s inventory. They is booked and picked up on day for refurbishment and then put back must listen carefully to our
quantified that as an extremely zero or day one, and is moved via a into circulation. customers and react to what they
large sum of money, and so we cross-dock on day two and arrives “How our product differs from are saying, rather than what we
changed operations and made a at its destination on day three”, he that of the integrators is that we think they might want,” he said. “It
product to provide this. We have explained. “This is done on a daily give our customers a consolidated is pleasing to find that customers
since honed the product to take basis and there is no minimum cargo price, so that if the customer really do want resilient fast-moving
out latent days and even latent charge applied and no minimum has 10 to 20 shipments a day, they supply chain solutions, as opposed
hours from the supply chain. To our quantity requirement. It is a premium do not get 10 to 20 shipment to just a cheap price.”

16 May 2013
www.bifa.org YFF Profile BIFAlink

Ambitious Greg Barnes looks some noise,” he explained.


“I went to see my manager, told
him I was thinking of applying and

forward to an exciting future asked him whether that would be all


right. He agreed, so I got cracking
on the essay. It was on remote
learning, which was something I
Greg Barnes moved into freight had a fair bit of experience about,
forwarding with Panalpina after his having been to university where the
amount of direct contact with
previous prospects faltered. But he has
lecturers seems to be going down
not looked back since making a success as fast as the fees go up.
of his initial tasks and moving on to new “It was a pleasant surprise when
the letter arrived saying that I was a
challenges, eventually becoming a BIFA
finalist. I went down to London with
Young Freight Forwarder finalist, reports the view of just enjoying the day
Giles Large and that if I won, it would be an
added bonus,” he said. “As it
Greg Barnes, ocean freight import apply. Greg contacted the manager, turned out, I was more gutted at not
clerk at Panalpina’s Manchester who offered him a job for 10 winning than I had thought I would
office, was one of four finalists in months. be. At the same time, it was quite a
the 2012 BIFA Young Freight “To start with, it was just a case proud moment for me, as Panalpina
Forwarder Award. of filing and making cups of tea, had a table at the awards lunch and
Greg, 27, was born in Stockport and keeping myself busy for 10 my branch manager made a fuss of
and both of his parents were freight months while she was on maternity us all. My parents were invited and
forwarders. Although his mother leave, but I can apply myself and I my girlfriend came as well and it
has since retired, his father is still in am customer-focused. I reckon I was a really good day, even though
the industry. As such, unlike nearly was fully operational within three I did not win.”
all newcomers to freight forwarding, months, with my own customers. I
he has had no problems explaining took to the industry like a duck to Career ambitions
to his family precisely what he does water,” he declared. “By the end of Greg has some definite thoughts
for a living, although he admits that 10 months we had generated about his future career. “In terms of
the industry remains a closed book enough new business in the the freight industry and what I can
to many of his friends. department to justify an extra do and where I can go, essentially
position and they offered me a the world is my oyster,” he
Background fulltime contract.” While most of his work involves declared.
He was educated at Altrincham The majority of the traffic that ocean imports, he has started to “What has recently grabbed my
Grammar School for Boys and then Greg deals with consists of toys develop some expertise in air attention is logistics; providing
spent two years studying from China. “I tell my friends that I imports. “If I was offered a role in customers with end-to-end
psychology at Manchester am technically Father Christmas for exports, either ocean or air, I would solutions. While I was in Hong
University before switching to a lot of the kids in the UK. I know in leap at it. I think it is really important Kong, I found the logistics side to
Manchester Metropolitan to read the summer what the hot toys are to gain as much experience as be really fascinating. I would also
geography. While there, he worked going to be at Christmas,” he possible of all modes, especially if love to go and work in Hong Kong,
part-time in the kitchen and stated. you want to progress in the although I realise that finding a job
restaurant of a local health club. industry,” he commented. at my level of experience would be
Following his graduation, with a China visit Part of his planned progression difficult. Also, sooner rather than
2:1, he took on a mortgage and Most of this traffic enters the UK via was to enter for the Young Freight later, I need to become more
worked fulltime at the health club Felixstowe or Southampton. “It is Forwarder award. “We get BIFAlink multimodal and I need some export
for a year. Greg then tried ironic that I have been to Yantian every month and on my return from experience. These are the tools that
copywriting for six months but that but I have never been to either of Hong Kong, I read in the magazine I need to be able to do the job at a
did not work out. His father, who the UK ports,” he said. Greg that they were taking applications higher level.”
was the London-based UK area worked in Hong Kong for three for the award. I remembered some When not working, Greg likes to
manager for Panalpina at that time, months from the end of January advice that I had been given while keep fit and is a keen cyclist, albeit
told him a temporary position was 2012, as part of the Panalpina in Hong Kong that ‘you need to only a summer cyclist. He also
available in the Manchester office to apprenticeship programme. While make as much noise as you can if supports Manchester United. His
cover for a staff member going on there, he was involved in ocean and you want to be recognised in this girlfriend Rachel, who graduated
maternity leave and, as Greg’s air exports and imports, finance and industry’ and the Young Freight from Salford with a degree in
copywriting career was not going as logistics, as well as sales and Forwarder award seemed like a performance arts, is a singer-
he had hoped, perhaps he should marketing. perfect chance for me to make songwriter.

May 2013 17
BIFAlink Events www.bifa.org

Staff from past-winner and multiple


finalist company Atlantic Pacific
Global Logistics celebrate their
achievement at last year’s ceremony

2013 competition will be:

Ready to celebrate? • Air Freight Award –


sponsored by IAG Cargo
• Environment Award –
sponsored by Red Recruit
In January 2014, not only will some innovation in their field. Receipt of all registrations • European Logistics Award –
500 people be celebrating the BIFA By entering, you and your mid-September 2013 sponsored by TT Club
Freight Service Awards’ 25th business stand to benefit by raising • Ocean Freight Award –
anniversary, but you could also be your corporate profile, by Receipt of written 2,000 word sponsored by CargoWise
celebrating some of your year’s impressing partners and clients, submissions: • Project Forwarding Award –
business successes. and by joining a network of (or relevant supporting sponsored by Peter Lole & Co
Do you have a success story to exceptional organisations who have documentation for the Young • Special Services Award –
tell of how you recently managed a won since the competition first Freight Forwarder Award) Sponsored by Forward Computers
challenging freight movement? And started in 1989. end September 2013 • Staff Development Award –
how, as a result of this you achieved The Young Freight Forwarder sponsored by Albacore Systems
financial and other benefits for your Award category is specifically Announcement of all finalists: • Supply Chain Management
company, and added value to the designed to promote talented early November 2013 Award – sponsored by BoxTop
service you provide to your young forwarders, under the age of Technologies
customers? If these criteria apply to 30, who show promise in their Finalists’ interviews: • Young Freight Forwarder
your company, then the annual organisation. There is no entry fee (Young Freight Forwarder Award) Award – sponsored by Virgin
awards competition is the perfect for this category. All other entries mid-November 2013 Atlantic Cargo.
forum for promoting some of your attract a registration fee of £80 + If you have any questions
achievements. VAT per category. Announcement of all winners: regarding any aspect of the
All award entries will then be A copy of the call for entries Thursday 16 January 2014 at the competition, including other
sifted through by a panel of judges brochure, with key details on this Awards Luncheon Ceremony, The sponsorship opportunities, please
who will shortlist four finalist entries year’s competition, will be sent to Brewery, London EC1 email the BIFA Events Office at
in each of the competition your main BIFA contact in mid- eventsoffice@bifa.org
categories. From the four finalists, June, at which point online We have an excellent line-up of For further information on
the judging panel will select the registrations will also open. sponsors who have confirmed their previous events, please visit the
most deserving winners who have The entry schedule will be as support of this year’s Silver Jubilee BIFA Awards’ website at
demonstrated excellence and follows: event. The nine categories for the www.bifa.org/awards

18 May 2013
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BIFAlink Training www.bifa.org

Training courses: June-August 2013


AVIATION SECURITY 25 June London, Feltham Dangerous Goods by Sea (DGS1)
22 July London, Feltham 13-14 June Manchester
Air Cargo Security Level A – General Awareness
21 August London, Feltham 20-21 June Birmingham
* Check www.bifa.org for additional dates scheduled to
27-28 June London, Feltham
meet demand *
Known Consignor Air Cargo Security
4 June London, Feltham
17 June London, Feltham Dangerous Goods Safety Adviser (DGSA)
26 June London, Feltham
15 August London, Feltham 10-14 June London, Feltham
2 July London, Feltham
10-14 June Manchester
10 July London, Feltham CUSTOMS PROCEDURES
18 July London, Feltham Customs Procedures for Export Cargo (CM1) Radioactive Goods by Air (DGA3)
24 July London, Feltham 2 July South West See www.bifa.org for future presentations
31 July London, Feltham 22 July London, Feltham
6 August London, Feltham 24 July North West Radioactive Goods by Air – Revalidation (DGA4)
19 August London, Feltham See www.bifa.org for future presentations
Customs Procedures for Import Cargo (CM2)
Air Cargo Security Level B - Drivers 3 July South West Infectious Substances by Air (DGA5)
As Level A – General Awareness 23 July London, Feltham 14 May Heathrow area
25 July North West
Air Cargo Security Level D – Handling & Preparation of Dangerous Goods CFR49 (DG49)
Air Cargo BTEC Intermediate Award in Customs Export & Import 21-22 May Heathrow area
As Level A – General Awareness Procedures (CM3)
Commencing 22 May North West England
Air Cargo Security Level E – Screening of Air Cargo FREIGHT FORWARDING AND
Screening by physical examination only, x-ray training not Customs Management (CM4) INTERNATIONAL TRADE
included Two-day optional add-on to CM3 Exports for Beginners (EXP1)
18-19 June London, Feltham See www.bifa.org for future presentations 20 May South West England
15-16 July London, Feltham 25 June Midlands
13-14 August London, Feltham BTEC Intermediate Award in Customs Import Entry & 8 July London, Feltham
Procedures (CM5) 17 July North East
Air Cargo Security Level F – Security Supervisor See www.bifa.org for future presentations
As Level E – Screening of Air Cargo Imports for Beginners (IMP1)
DANGEROUS GOODS 21 May South West England
Air Cargo Security Level G – Security Manager Dangerous Goods by Air (DGA1) 26 June Midlands
18-20 June London, Feltham 3-5 June Newport 9 July London, Feltham
15-17 July London, Feltham 10-12 June London, Feltham 18 July North East
13-15 August London, Feltham 1-3 July Manchester
8-10 July Birmingham Introduction to Air Cargo (AC1)
Air Cargo Security – Refresher Levels A and B See www.bifa.org for future presentations
8-10 July London, Feltham
3 June London, Feltham
5-7 August London, Feltham
4 July London, Feltham BTEC Intermediate Award in Multimodal International
5 August London, Feltham Dangerous Goods by Air – Revalidation (DGA2) Freight Procedures (MFT1)
4-5 June Newport Commencing 17 June London, Feltham
Air Cargo Security – Refresher Levels D and E
13-14 June London, Feltham
18 June London, Feltham Multimodal International Freight Procedures 2 (MFT2)
4-5 July Manchester
16 July London, Feltham Two-day optional add-on to MFT1
11-12 July Birmingham
20 August London, Feltham See www.bifa.org for future presentations
11-12 July London, Feltham
8-9 August London, Feltham
Air Cargo Security – Refresher Levels F and G Sea Freight: The Basics (SF1)
25 June London, Feltham 3 June London East
Dangerous Goods by Road (DGR1)
25 July London, Feltham 11 June North West England
10-12 June Manchester
21 August London, Feltham 18 July London, Feltham
17-19 June Birmingham
24-26 June London, Feltham
Aviation Security Cargo X-Ray Operator Introduction to Letters of Credit
Available as an in-house course, contact BIFA to sched- 13 May London, Feltham
Dangerous Goods by Road – Revalidation (DGR2)
ule a date
Days 2 and 3 of the above Dangerous Goods by Road
HEALTH AND SAFETY
course (DGR1)
Aviation Security NXCT Emergency First Aid – Appointed Person (FA1)
NB – test session only – no training takes place 30 May London, Feltham

To view course content or to make a booking, go to www.bifa.org and click on training

BIFA is a
member of

20 May 2013

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