The Forwarder - ciffa.com · PDF fileThe Forwarder The Voice of Freight Forwarding in Canada...

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The Forwarder The Voice of Freight Forwarding in Canada APRIL 2010 Canadian International Freight Forwarders Association 170 Attwell Drive, Suite 480, Toronto, Ontario M9W 5Z5 Tel: 416-234-5100 Toll Free: 866-282-4332 Fax: 416-234-5152 Email: [email protected] COSTLY Demurrage Charges Lifelong learning CIFFA AGM CIFFA Submission to the Rail Freight Services Review CIFFA Central and Eastern FCA Gala Events 61 st

Transcript of The Forwarder - ciffa.com · PDF fileThe Forwarder The Voice of Freight Forwarding in Canada...

Page 1: The Forwarder - ciffa.com · PDF fileThe Forwarder The Voice of Freight Forwarding in Canada APRIL 2010 Canadian International Freight Forwarders Association 170 Attwell Drive, Suite

The ForwarderThe Voice of Freight Forwarding in Canada

APRIL 2010

Canadian International Freight Forwarders Association170 Attwell Drive, Suite 480, Toronto, Ontario M9W 5Z5 Tel: 416-234-5100 Toll Free: 866-282-4332 Fax: 416-234-5152 Email: [email protected]

COSTLYDemurrage Charges

Lifelong learning

CIFFA AGM

CIFFA Submission to the Rail Freight Services Review

CIFFACentral and Eastern FCA Gala Events61 st

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Rotterdam comes to Mississauga ........3CIFFA Submits Recommendations on Canada’s Rail Freight Service..........5Container Inspections ...........................9CIFFA 61st AGM call to Meeting..........10CIFFA STC’s 2010: Free but Priceless ...112010 Incoterms Come into Force January 1, 2011...................................12CIFFA Comments: Costly DemurrageCharges................................................13eManifest.............................................14Business Continuity Planning.............16A New Edition of Incoterms ................18Meet Chezelle Titterton .......................18

What is Lifelong Learning? .................19Meet Duncan Chalmers.......................20What Members say about CIFFA.........20Vancouver Hosts the World and CIFFAHosts Reception for Members ............21Benefits of CIFFA Membership Correlates to Record Growth ..............22CIFFA Preferred Vendor Program........22President attends Transpacific MaritimeConference, Long Beach .....................23CIFFA 2010 Events...............................23Logistics Goes Green...........................24European Union Import Control System ................................................24

First Year of CIFFA Scholarship ..........25CIFFA Launches the Résumé Board....25Shippers Increasingly Rely on FreightForwarders ..........................................26CIFFA Collaborates on Montréal Logistics Park Study ...........................26CIFFA Regional 2010 Forwarders ChoiceAwards.................................................27Apply for your PFF Designation today.....28Reasons to take CIFFA Certificate Programs .............................................29Correspondence From Around The World / Résumés .........................30The Forwarder Advertising Rates.......30

At A Glance

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The Rotterdam Rules on contractsfor the international carriage ofgoods have been signed by 21countries and will require 20 rati-fications for entry into force, whichis widely expected to happen.

Rotterdam includes detailed ruleson delivery and on control over thegoods while in transit. It also pro-vides the basis for a new carriagedocument: a negotiable transportdocument (i.e. order bill of lading)which the consignee does notneed to surrender for delivery ofthe goods.

Rotterdam introduces new legalconcepts. One example is the‘documentary shipper’, which is aparty who does not conclude thecarriage contract but simply ac-cepts to be named as the ‘shipper’in a transport document or elec-tronic transport record. This ‘doc-umentary shipper’ is liable like the

real ‘shipper’, an aspect thatshould maybe concern freight for-warders who are routinely namedas ‘shipper’ in the performing car-riers’ master document.

Plan to attend CIFFA’sSeminar at theMississauga

Convention Centre:May 13th from 2pm -5pm. Learn first hand

how the RotterdamRules might affect

your business.

Rotterdam’s general liability limitsare 875 SDR ($1,340) per pack-age or 3 SDR ($4.60) per kilo-gram, whichever is the higher. TheRotterdam liability system isloosely based on the Hague-VisbyRules, but Rotterdam will apply

not only port to port, but will alsogovern many multimodal carriagecontracts with a sea portion. Arti-cle 26 of the Rotterdam Rules canoffer hours of discourse and en-tertainment to anyone keenly in-terested in multimodal carriage.

If Rotterdam applies to an inci-dent during non-sea carriage,the Rotterdam carrier - typicallya freight forwarder - may be ex-posed to higher liability, one fac-tor being that the claimant canchoose between package andweight limitation. Of course, theresult depends on the circum-stances of the case:

A freight forwarder assumes lia-bility for ‘door to door’ carriagefrom China and subcontracts theperformance of the ocean voyageand of the final land portion. WillRotterdam increase the for-warder’s liability if the goods are

damaged during the final landportion:(a) Vancouver – Victoria;(b) Long Beach – Oklahoma City;(c) Antwerp – Paris?

‘Volume contracts’, which offerthe parties to the carriage contractthe opportunity to digress fromthe Rotterdam liability regime andare maybe the most contentiousaspect of the entire RotterdamRules, add a further layer of ques-tions: What are the minimum re-quirements for a volume contract?How does a volume contract af-fect other parties? Will freight for-warders be under commercialpressure to enter volume con-tracts thereby increasing their ex-posure?

No shortage of probing questions.

Peter StockliLegal Counsel, TT Club

Rotterdam comes to Mississauga

MAY 13, 2010 - MISSISSAUGA✔ Register to attend CIFFA’s 61st Annual General Meeting – 11:30-14:00

✔ Register to attend the prestigious industry related panel following the AGM -

“Your World Will Change And Your Liability Will Sky-Rocket” – 14:00-17:00

✔ To register go to www.ciffa.com under News & Events

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CIFFA Submits Recommendations on Canada’s Rail Freight Service

… The efficient and effective operation of anintermodal rail system is critical to sustainingand growing the position of Canada’s inter-national traders in a highly competitive globalmarketplace.

Freight forwarders play a vital role in expedit-ing the movement of an estimated 70% ofCanada’s containerized cargo throughoutCanada and around the world. Some 2.94million TEUs, the equivalent of approximately1.5 million forty-foot ocean containers aremanaged by international freight forwardingfirms. This role provides the freight forwardingsector with unique oversight and perspectiveof the entire intermodal system and of its per-formance.

A recent survey of member companies coastto coast identified a wide ranging number ofsimilar issues, observations and recommen-dations. Go forward recommendations/solu-tions to improve the rail system andreconnect it with the larger whole, however,focused on three areas – performance stan-dards, an integrated tracking system, andrail infrastructure.

Performance Standards

The first observation is that Canada’s inter-modal freight system is intermodal in nameonly. The whole system – drayage, terminal,rail, port, steamship line – lacks oversight andconnectivity and fails to operate as a system.The railways in this context operate as a silos,

Last month, on behalf of itsMembers, CIFFA preparedand offered a submission forconsideration by theTransport Canada Rail FreightServices Review Panel. Thefull document with a detaileddiscussion of issues isavailable on TransportCanada’s website and atwww.ciffa.com. Theassociation thanks all ofthose Members whocontributed to theinformation gatheringprocess – whether by e-mailor through the extensivetelephone interviews weconducted.

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uncoordinated and disconnected from the larger whole. This leadsto fragmented, inconsistent and unreliable service outcomes forcustomers. The prevailing opinion is that de-regulation has beena failure in Canada because it does not recognize the uniquenessof the country - its geography, vastness, sparse population,spread-out population centres. Deregulation is designed to en-courage/attract more competition. Canada, unlike the U.S., doesnot have multiple entrants in the rail sector. The most significantobservations by our members relate to service erosion – includingbut certainly not limited to ever-increasing transit times, unreliableservice due to delays and congestion, capacity problems due toserious shortages of rolling stock and exorbitant fees for storage,extra drayage and much more.

Another significant observation by our members relatesto performance standards. Notwithstanding these iden-tified critical service failures, systematic, national per-formance is almost impossible to evaluate becausethere are currently no key performance measures(KPI’s). There are no comprehensive standards, serviceexpectations, tracking or monitoring. There is no systemin place with which to hold all players to account. Be-cause of the lack of an integrated information systemacross the supply chain, the railways are slow to re-spond to sudden changes in demand. They take severalweeks to adjust staffing levels and get equipment outof storage and in-service again. This results in less thanreliable services and volatile prices. There is no over-sight or national policy that governs performanceacross all of the functional entities i.e. between port andrail, steamship line and rail.

Performance standards are a critical tool to help coherent func-tioning of the intermodal system. They help establish expectationsand put in place a framework for collective performance and co-operation. The monopoly/duopoly – the lack of competition – isvery problematic. Market dominance has led to a lack of focus onor commitment to Canadian customer service by rail providers.Service decisions are often made without analysis of system-wideimplications. Historically, there has been a lack of consultation byrailways before change is introduced and lack of measurement ordata sharing after change is implemented...e.g. changes that im-pact import or export supply chains such as those to free time al-lowed and increased storage fees.

Recommendations

In our submission, CIFFA recommended that the government moveas quickly as possible to address the market dominance issue re-lated to the railways. Three strategies seem apparent for consid-eration. One, the government could endeavour to attract massiveamounts of new competition, but this is most likely not realistic,timely or affordable given the level of investment required.

A second option would be for the government to regulate com-petition and force the railways to open their infrastructure to com-petition and for the government actively to work to attractcompetitors to this essential service (of particular importance toAtlantic Canada.).

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The preferred, third option recommended bymany CIFFA members is re-regulation of therailways through an oversight body, estab-lished national performance guidelines/stan-dards and a tracking process to monitorcompliance/performance. To build consis-tency, reliability and accountability into thesystem, key performance measures (KPI’s)should be established that are measurableand created through consultation. Suggestedareas are: transit times, rolling stock availabil-ity, dwell times, storage days, and investmentin infrastructure.

Unfair and predatory practices should be cur-tailed and railways should be held account-able for delays. A public mediation andcomplaint system should be implementedand the need for out of gauge rail serviceshould be addressed in a public policy frame-work that mandates rail lines to providequotes and carry over-sized freight instead offorcing it onto the roads. The governmentshould also seriously consider declaring therail lines an essential service given their im-portance to our sovereignty and nationaleconomy.

Integrated Rail System

The second major issue observed is the lackof an integrated tracking/reservation system.Tracking and expediting containers efficientlythrough the system is a major problem for ex-porters and importers. The system is recog-nized internationally as inconsistent, unreliableand lacking capacity. There is almost a com-plete lack of communications between variousparts of the supply chain. Each part of the in-dustry has its own information system –

trucks, rails, ships, ports, terminals – currentlythere is no integration. This creates duplication,added costs, inefficiencies, information errors.

Recommendations

CIFFA recommended that Transport Canadamandate the establishment of a single infor-mation and tracking system to be used by allparticipants to improve coordination and ef-ficiency. The system could be run by a thirdparty – non-railway, with Transport Canadaoversight to facilitate development and bringall the parties together. Investment, inclusion

and commitment of all stakeholders in the in-termodal chain including freight forwarderswould be essential. The system could alsofunction as a monitoring system that accu-mulates aggregate performance data criticalto the measurement of efficiency of the inter-modal supply chain. If this recommendationis implemented it would measurably reduceconfusion, delays, lost cargo, unnecessarydwell times, drayage and costs etc.

Rail Infrastructure

The third issue focused on by Members wasthat the rail carriers are not investing ade-quately in improving the aging intermodal in-frastructure in this country. Compared to thebillions of dollars being spent in the U.S.,China and Europe, Canada is falling behindand is becoming less competitive interna-tionally. Railways do not have enough equip-ment to service the Canadian market andwhat equipment is available is not well man-aged from an inventory control point of view.Members cite a number of proofs of the un-willingness to invest in intermodal infrastruc-

ture in Canada: aging, unreliable equipmentthat breaks repeatedly (cranes, locomotives,rolling stock wheels); a lack of equipment in-cluding not enough rolling stock, cranes,technology, information systems, knowl-edgeable staff; a poor maintenance trackrecord; lack of investment in informationtechnology and the talent to manage it; badforecasting and contingency management; awillingness to hold cargo until there is returnrail car load. Canada’s commitment to theAsia Pacific Gateway and Corridor is an ad-mirable start, but the grain-growing Prairiesand Ontario/Quebec manufacturing heart ofthe country are starved for investment.

Recommendations

CIFFA recommended that given its vital im-portance to the economic health and futureof Canada, the Canadian government mustre-regulate the rail lines to ensure that ap-propriate capital investments are being madewithin Canada and designed to benefitCanadians. Action by the government mustgo beyond capital cost allowances to actuallymandate a percentage annual spend level oninfrastructure investment within Canada byrail lines. Recognizing the need for fundingto make up for decades of insufficient invest-ment it is recommended that a dedicated railinfrastructure fund be created, supported bycross industry-sector stakeholders and gov-ernment. Given that railways are abandoningshort rail spurs, the federal governmentshould give due consideration to investmentin short lines.

Canada is a trading nation. If we wish tocompete as global traders in a competitivemarketplace, if we wish to attract foreigninvestment and trade, if we wish to con-tinue to drive Canada’s economic growthand the well-being of its citizens, the gov-ernment of Canada must take action nowto ensure a rail freight service that servesthe national interest.

The full paper is available atwww.ciffa.com underAdvocacy/Rail-Intermodal.

Members are encouraged tosend their thoughts on ourreport to Ruth Snowden,Executive [email protected].

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ContainerInspections

CBSA Sub-Committee Reviews Examinations The Border Commercial Consul-tative Committee (BCCC), comprised of senior stakeholderrepresentatives including CIFFA, is a principle channelthrough which the CBSA communicates programs andchanges to the private sector and through which industryhas the opportunity to present challenges and recommen-dations to the Agency. Last year CIFFA was successful inhaving ‘Customs Examinations’ raised to the point wherea Sub-Committee was struck to address the issue.

The Container Examination Sub-Committee of the BCCC hasdeveloped a preliminary mapping of the Marine ExaminationProcess. It was tested in November 2009 and a similar testis planned for June 2010 to determine if there are majorchanges due to heat patterns. (Formaldehyde readings al-ways increase with warm weather). The purpose of this ex-ercise is to map out the marine examination process, to betterunderstand each step and share best practices between in-dustry partners and the CBSA. Ultimately, one hopes, thiswill lead to lead to the development of service delivery stan-dards for the marine commercial examination process.

As this flow-chart indicates delays are a serious concern.Additionally, the cost of container examinations cannot beunderestimated. Delays in examination contribute untoldconsequential costs to Canadian businesses, while the ac-tual hard costs differ from port to port. Some ports chargefees and others don’t; container transfer fees (to and from)ports to facilities vary widely; movement of containers onthe dock, ventilation, container unloading and re-loadingetc. are treated differently at every port. There are no es-tablished fee structures, no visibility to charges in containerexamination and absolute lack of transparency in theprocess. There is much more work to be done.

DRAFT – Preliminary Findings…Average Waiting Times for AllLocations

Longest ShortestAverage Time Average Time

(HH:MM) (HH:MM)

Wait time between Vessel Arrival and Container pick up 154:44 31:19

Container Pick up to Container Arrival at CEF 27:37 15:55

Arrived at CEF to First Fumigant Test 29:18 13:17

Time Spent in Fumigant Area and Arrival at examination bay 114:41 1:03

Time spent at Examination Bay 18:51 6:28

Released from Examination Bay to Arrival at Terminal 40:12 24:08

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1. Further to By Laws Article V, Section 4, notice is hereby givenof the Annual General Meeting to be held May 13, 2010 at 11:30hours at the Mississauga Convention Centre, Salon E, 75 DerryRoad W., Mississauga, ON.

To ensure a larger attendance at our upcoming AGM, CIFFA haspurposefully scheduled it just before the Regional FCA event.For those that cannot attend, please make sure to send yourproxy to the Secretariat, properly signed, by fax: 416-234-5152.A copy of the proxy is available on the website www.ciffa.com,Members’ Area (Member login is required).

AGM AGENDA – 11:30-14:00 hours(Note: registration for the lunch and AGM is required.)11:30-12:00 Member Lunch12:00-14:00 AGMHighlights Include:• Committee Reports including the Treasurer’s Financial Report• Vote to approve changes to 2005 Standard Trading Conditions

Following the AGM, there will be a panel discussion: “Your World WillChange & Your Liability Will Sky-Rocket!” Keynote speaker, PeterStockli, Legal Counsel, TT Club, U.K., as well as 3 other industry spe-cialists will join the panel, followed by a Q&A period.

CIFFA 61st AGM Call to Meeting

PANEL AGENDA14:00 – 17:00 “Your World Will Change & Your Liability Will Sky-Rocket!”

Moderated by Tony Young, CEO, LCL Navigation, Montreal,and current Chair of the CIFFA Transport Law WorkingGroup

14:15 - 15:30 Keynote speaker: Peter Stockli, Legal Counsel, TT Club, U.K.

15:30 - 15:45 Break15:45 - 16:10 Jerry Giroux, President, Aldis Underwriting Managers,

Toronto16:10 - 16:30 Gavin Magrath, Magrath O’Connor, Law Firm, Toronto &

CIFFA Legal Counsel16:30 - 17:00 Q&A

Participation at the Member lunch and AGM iscomplimentary, but confirmation of attendance isrequired. The AGM will be followed by the Panel“Your World Will Change and Your Liability Will Sky-Rocket” at 14:00 hours. You don’t want to miss thisenlightening discussion! Participation iscomplimentary, but confirmation of attendance isrequired for the Panel as well. A registration form forthe lunch, AGM and Panel can be found on ourwebsite www.ciffa.com under NEWS & EVENTS; oryou may request a form by [email protected].

2. According to the Association By Laws, Article V, Section 5, a nomi-nating committee has been formed and is chaired by Ms. Donna Letterioof DHL, Mississauga, who can be contacted at [email protected]. CIFFA is now calling on Regular Members for nominations to the NationalBoard of Directors (NBD). There are 6 positions up for renewal consistingof a two year term. Current directors who where holding these terms have agreed to standfor a further 2 year term, are:• William Gottlieb, David Kirsch Forwarders, Montreal – FIATA Chair• Chris Gillespie, Gillespie-Munro Inc., Montreal – Seafreight Chair• Craig McKay, Rutherford Global Logistics, Vancouver – Education

Chair• Paul Lobas, ITN Logistics, Calgary – Secretary & Membership Chair• Tony Young, LCL Navigation, Montreal – Transport Law Working

Group of Seafreight Committee, Chair

There is one vacant position which needs to be filled by a Regular Member.

Any regular Member interested in submitting their name to become aDirector on the National Board, must submit their interest to the Nomi-nating Chair as listed above. The nomination must outline the name,position/profile and company affiliation and be accompanied byfive sponsoring signatures of current regular Members of CIFFA.

As per by-laws, Members must submit their nominations to the Nominat-ing Chair or the CIFFA Secretariat by April 29, 2010, which is no later thantwo weeks before the Annual General Meeting to be held May 13, 2010at the Mississauga Convention Centre, Salon E, 75 Derry Road W., Mis-sissauga, ON.

3. Proposed changes to CIFFA’s 2005 Standard Trading Conditions: CIFFA has posted the proposed changes on the Members’ Area of thewebsite, www.ciffa.com, together with a concise one page Summary.

Please familiarize yourself with these changes and be prepared to castyour vote at the AGM. (Member login is required.)

4. As per by-laws Article III, Section 1, notice is hereby given that theMembership will be asked to vote on the following annual Membershipfee increase to be effective for the year, January 1, 2011.

BackgroundMembership fees have not been increased for more than 4 years. Withno increase for the current year, at the end of December 2010 it will beat least 5 years without an increase in. During this time CIFFA has con-tinued to enhance membership services and has shouldered the in-creased operating costs that all businesses have faced over the lastnumber of years. We do need to position CIFFA for the future.

In order to provide continuous advocacy efforts on behalf of our Mem-bership, excellent education offerings and to address issues that we willface as an industry in the future it is important that CIFFA has the finan-cial resources to do so. The following increase will be proposed at theMay 13th AGM. Please be ready to vote on this issue.

Regular Members with offices:- in 1 province from the current fee of $950 per year to $995 per year.- in 2 provinces from the current fee of $1295 per year to $1395 peryear.- in 3 provinces from the current fee of $1695 per year to $1850 peryear.- in 4 or more provinces from the current fee of $1995 per year to $2195per year.

Associate membership fees from the current fee of $625 per year to$670 per year.

At

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LA RÉFÉRENCE EN CHAÎNE D'APPROVISIONNEMENT AU QUÉBEC

Traçabilité: des processus clairs = une technologie appropriée

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The current version of the CIFFA Standard Trading Conditions has beenin force since 2005, and in 2010 CIFFA will be considering amend-ments to the STCs. The STCs are designed specifically to take intoaccount the particular needs and liabilities of freight forwarders, andare free for use by all CIFFA members.

Since individually drafted STCs can cost upwards of $2000.00, theSTCs are a great value for Members who use and understand them.When the STCs are properly invoked to obtain judgment or avoid aclaim, their value may be priceless. The proposed 2010 amendmentsare a great opportunity for officers and risk managers to review thekey provisions and changes.

Principal or Agent: In many claims the status of the Forwarder asprincipal or agent will be determinative. Paragraph 3 provides that theForwarder acts as agent except to the extent it physically handles thegoods or accepts responsibility for carriage. This means that the For-warder may act as principal and as agent on the very same movement.Additionally, paragraph 4 clarifies that even when acting as principal,the STCs still apply to protect the Forwarder and limit its liability.

Retaining Information: Both the cargo and the corresponding docu-mentation are valuable. In one claim presently before the FederalCourt, a client forwarder who is not a party has been dragged into lit-

igation repeatedly over four years to provide documentation. Para-graph 7 now requires all customers to understand their own businessand take responsibility for preserving documents.

Reduced Notice: In anticipation of Rotterdam, we have tightened ournotice timeline to 7 days (loss or damage) or 45 days (all other claims).Similarly, enforcement of the forwarder’s lien is reduced to 10 daysfrom the date of notice. If Rotterdam is not adopted, nonetheless thesereduced timelines will serve to protect our Members.

Limitation of Liability: The basic limitation remains 2 SDRs/kg, andwill not be increased unless and until the Rotterdam standard of 3SDR/kg is adopted. However, customers should also be aware of the75,000 SDR/transaction limitation, which is key for large or heavy car-goes or cargoes with many small or valuable packages.

Set-off and Counterclaim: Paragraph 17 may be the most importantin the STCs. Forwarders are frequently caught between cargo and car-rier in a dispute over loss, damage, or delay for which the Forwarderas agent is not responsible, but which the Forwarder must fight if itwishes to be paid for its services. Pursuant to paragraph 17, a cus-tomer can only bring a claim against the Forwarder when all chargesare paid in full, without set-off.

cont’d on page 12

CIFFA STCs 2010:Free but Price less!

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Accordingly, in any cargo action the Forwarder can set up a counter-claim for its charges outstanding and then move for summary judg-ment on those amounts. The Court is permitted to award theseamounts without reference to the cargo interest’s claim for set-off,because the contract forbids them from setting-off losses againstcharges. They may only recover losses when proven in Court – and inthat case, almost certainly from the carrier, not the forwarder. I havehad success on numerous occasions obtaining summary judgmentagainst intransigent shippers without the risk or expense of determin-ing the merit of their cargo claims: see American Transport LogisticsInc v Kobi Group, [2009] OJ no. 4980; Locher Evers International vCanada Garlic Distribution, [2008] FCJ 388.

Right of Lien: Under admiralty law, a forwarder enjoys a lien over cargoin respect of charges outstanding on that particular consignment. A For-warder has no right at admiralty or common law to hold unrelated cargoesagainst another debt, even where it is the same customer. Frequently acustomer with substantial outstanding debts will attempt to pay out-standing charges for a particular shipment, and then demand deliveryof that shipment in spite of a large outstanding account in respect toother goods – and under the common law, they have a right to do so!

Under the CIFFA STCs, however, the Forwarder’s right of lien is pre-served by contract over all goods and documents, for all balancespayable to the Forwarder both particular and general. The CIFFA STCstherefore permit the Forwarder to do what the common law forbids:hold cargo under a right of lien against all charges owing by the cus-tomer seeking delivery.

Applicable Law and Jurisdiction: Provincial Courts have original ju-risdiction over all claims arising in their territory, while Federal lawhas legislated authority over matters of Admiralty, and these two com-petencies overlap and may conflict. Where litigation is unavoidable, aForwarder may be able to gain a procedural advantage from choosingto bring a claim in Federal or Provincial court. The 2005 STCs providedfor the exclusive jurisdiction of the Courts of the Province in which theForwarder has its head office; the amendments will enable forwardersto choose between the Federal Court and the Courts of their homeProvince, depending on which forum offers the best prospects forspeedy and economically efficient resolution of the claim.

The 2010 CIFFA STCs were crafted by and for Forwarders, and offerexcellent protection to our Members – but only if they are understoodand applied correctly! Readers are encouraged to contact their trans-portation counsel to ensure that their business practices incorporatethe STCs in a way that is legally enforceable before a claim arises.

Gavin MagrathMagrath O’Connor LLP & CIFFA Legal Counsel

Gavin Magrath is a Toronto-based lawyer whose practice focuses on lit-igation arising out of the international transportation of goods. He lecturesfrequently as part of CIFFA’s educational programs and has been counselto the Association since 2007. Gavin can be reached at [email protected] or www.magrathoconnor.com.

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C

Incoterms are trade definitionsused mostly in internationalbusiness. First devised andpublished by the InternationalChamber of Commerce (ICC) in1936, Incoterms (internationalcommercial terms) are recog-nizable worldwide as a bindingdescription of the buyer’s andseller’s responsibilities foracross border sales contracts.

Incoterms rules are particularlyimportant in that they helptraders avoid misunderstand-ings by clarifying the costs,risks, and the allocation of cer-tain responsibilities of buyersand sellers in contracts for thesale of goods. Since the last re-vision in 2000, much haschanged in global trade. Cargosecurity, for example, is now atthe forefront of the transporta-tion agenda of numerous coun-tries. In addition, the UnitedStates’ Uniform Commercial

Code was revised in 2004, re-sulting in a deletion of US ship-ment and delivery terms.

Your well-worn copy of In-coterms 2000 is at your side asyou draw up interna-tional contracts. Or isit? If it’s not, for thelast 10 years you mayhave been subjectingyourself and yourbusiness to costlyand unnecessaryheadaches and delays. If youdon’t know about Incoterms,then you need to – read on! Ifyou do know about Incoterms,then you know of their value –but did you know there’s an up-date coming? Avoid costlymisunderstandings by pur-chasing the Incoterms 2010.

Incoterms 2010 will be evenmore concise and relevant andwill reflect the changes men-

tioned above and many others.Available through the CanadianChamber of Commerce’s ICCCanada’s Bookstore this fall, In-coterms 2010 will enter intoforce as of January 1, 2011.

Incoterms werecreated and de-signed to connectdifferent industriesby acting as a uni-form language ini n t e r n a t i o n a l

transactions. The variety of in-dustries using Incoterms in-cludes bankers, shippers,receivers, lawyers, or profes-sors – any one who deal withtransactions on an internationallevel. Does this include you?

The Canadian Chamber contin-ually demonstrates impact onpublic policy and decision-mak-ing to the benefit of businesses,communities, and families

across Canada. It is the primaryand vital connection betweenbusiness and the federal gov-ernment, as well as Canada’sofficial representative of the In-ternational Chamber of Com-merce. The ICC is a leader inworld business and a force foreconomic growth, prosperity,and job creation in today’sglobal economy. It has hundredsof thousands of members withinterest in every sector of pri-vate enterprise in over 130countries.

Incoterms 2010, as well asother valuable ICC publicationscan be purchased through theCanadian Chamber’s ICCCanada’s Bookstore at www.chamber.ca. For moreinformation please contact Angela Roy, (613) 238-4000ext. 265.

2010 Incoterms Come into Force January 1, 2011

CIFFA Membersreceive a 10%discount on ICCpublications.

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Q: Should ocean carriers charge demurrage/detention charges for days that containersare placed on Customs hold?

CIFFA: The carrier is not responsible for thefact that Customs decides to inspect a con-tainer and it is within the carrier’s rights toaccess the usual charges that surround thedelays as a result of customs inspections.Some carriers may cut the client a little slack,but in times like these when there is a hugedemand for equipment and carriers need tokeep equipment moving and in use, they tendto be a little less understanding. In fairness,one could make a case for the fact that thedelays are not the fault of the importer whenCustoms holds a container. At the same timethe carrier should not be expected to absorbcosts that are not their fault either.

Q: Is this good business and industry prac-tice/ethical/legal?

CIFFA: Yes - certainly legal and most likelyethical. Is it good business practice? This isa commercial issue and really depends onthe freight forwarder/carrier relationship. I tmay be possible to mitigate extremes formajor clients but in fairness this is a real ex-pense for them as well.

Q: Should the consignee (forwarder or actualconsignee) be penalized for Customs holdswhich are out of their control?

CIFFA: Penalized is probably the wrong wordeven though that appears to be what is hap-pening. As Canadian citizens we all have avested interest in the efforts of our Customsofficials to ensure the security of our country.And prevention of the introduction of contra-band, including but not limited to drugs andweapons is in everyone’s best interest. Un-fortunately container inspections are abyproduct of this effort.

Q: Shouldn’t a trucker nomination (verified byport interchange receipts) by forwardingagent constitute an endorsement of transferof goods and thereafter shift liability (in thiscase specifically storage – Demurrage andDetention) to a third party?

CIFFA: No. As far as the carrier is concerneduntil the container is returned to its controlthe importer as named on the contract of car-riage is wholly responsible for any and all ex-penses. CIFFA has addressed this severaltimes with text in the eBulletin that for-warders should use when releasing or deliv-ering containers to importers. [See e-BulletinJan 7/10]

-sl

CIFFA Comments: Costly Demurrage ChargesImportant Reminder -Recovery of ContainerDetention Charges by Delivery Agents [Jan7/10]In previous CIFFA bulletins, we shared rec-ommendations for the “Recovery of Con-tainer Detentions Charges by DeliveryAgents”. We have recently received corre-spondence from Members that shows thatfailure to address this issue up front withimporters can be costly – and so we raise itagain. The issue is how the forwarderclearly indicates to the importer that they(the importer) are liable and responsible forcosts arising from the time they take cus-tody of the import container either at theterminal (in the case of terminal moves) orat their premises (in the case of doormoves). This includes costs for demurrageor storage due to delay on return. The mas-ter B/L under which the cargo moves to theagent in the importing country may neverindicate the name of the actual importer. Assuch the carrier’s only recourse will be tothe releasing agent - who may only find outabout these costs long after the containerhas been returned to the carrier and theyhave been billed for charges that they mustnow try and collect from the importer.

CIFFA recommends that Members in-sert a clause into the arrival documenta-tion to the effect that the container isreleased into the customer's care on thebasis that the customer agrees to indem-nify the member for any fees, chargesand other liabilities arising from the cus-tomer's use of the container. This thengives the Member a contractual basisupon which to pursue a recovery ifcharges are incurred through the cus-tomer's delay.

Sample text - Members should consider addinga similar clause on their advice notes, deliveryorders, or whatever they may use to advise im-porters.

Sample text for FCL import door moves, FCLimport terminal moves and FCL Import Truckcan be found on the Members section of theCIFFA Website at:

http://www.ciffa.com/members/news/2010/01_07_01.asp (login required)

In the physical world, when certain elemental factors combine at a moment in time, we see thecreation of the ‘perfect storm’. Perhaps it is overstating the situation a bit, but in today’s ex-tremely volatile ocean markets, we see the combination of several factors that can lead to anexpensive ‘perfect storm’ of demurrage and detention. Equipment inventories are very tight.Customs organizations are increasingly interested in risk targeting against terrorist activities.Law enforcement and security agencies are vigilant in their efforts to keep contraband, drugsand counterfeit out of the country. All of these activities, coming together create a situation ofincreased container examinations and increased demurrage and detention charges.

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EXAMPLE: Cargo was moved to bonded cus-toms facility (not by our nominated trucker)and subsequently destroyed. Goods were un-loaded onto floor however the container satempty for approx 30 days (that’s how long ittook customs). Now the carrier is demandingUSD 2000 as detention? The actual consigneehas refused to pay. Research concluded thatshipper was at fault for wrong packaging.

Q: Is this a reasonable charge by the carrierin this situation?

CIFFA: Yes

Q: What if customs took longer than 30days?

CIFFA: Then it would cost even more. The car-rier has a set demurrage or detention rate thatis set as a daily charge after the free time hasexpired. What steps did your staff take to getthe container picked up and returned to thecarrier earlier? Do you have an e-mail recordof correspondence with Customs or instruc-tions to the carrier to notify you when thegoods were delivered into the Bond shed?

CIFFA: Basically the issue here is ‘forwarderbeware.’ If your agent is shipping anything toyou as the Consignee on the B/L it has to beclearly understood that you will have all therights and obligations of the importer of recordwith the carrier. Do you have recourse on theimporter under the house b/l? Presumably youdo have recourse - so or at the very least youcould take action against the shipper if they infact were at fault. Again if the consignee aban-dons the freight you are responsible. In the ex-ample one has to assume that the consigneenever paid for the goods so they are unlikely toentertain any costs related to same. Ultimatelythis becomes an issue between your originagent and his client.

Actions To Take:1. Review agreements with Agents as towhen they may name your company as Con-signee on the Bill of Lading.2. Introduce processes in your operations de-partment(s) to ensure that every container istracked …. Right up to return to carrier. In-struct staff to elevate to a supervisor any con-tainer that is diverted for Customs inspectionor overdue for return to carrier.3. Update the wording on your arrival docu-mentation as discussed in the January 7,2010 eBulletin and as outlined at the MemberOnly section at www.ciffa.com.

After many years of planning and sig-nificant consultations, eManifest isset to launch this year.

eManifest is one of the Canada BorderServices Agency’s (CBSA) largest undertak-ings to strengthen our nation’s security andat the same time improve commercialprocesses. When fully implemented,eManifest will require all commercial im-port trade partners (carriers, freight for-warders and importers) in all modes oftransportation (air, marine, highway andrail) to submit electronic pre-arrival infor-mation (cargo, conveyance, crew/passen-ger, secondary and importer data) to theCBSA for risk assessment purposes.

eManifest – Before the Border

eManifest advance information require-ments will build on existing Electronic DataInterchange (EDI) datasets and have beenharmonized to the greatest extent possiblewith the World Customs Organization(WCO) and the U.S. Customs and BorderProtection (U.S. CBP) to reduce the admin-istrative burden on businesses. The maindifference between eManifest and the U.S.CBP’s Automated Commercial Environment(ACE) system is who supplies the informa-tion needed to conduct risk analysis. UndereManifest, the carriers, freight forwardersand importers are responsible for providingthis information.

The CBSA is working with the U.S. to har-monize the requirements of each respec-tive program that includes implementingsimilar data elements for carriers and hav-ing consistent on-line reporting systems tofacilitate compliance, which will be espe-cially helpful for small and medium-sizedbusinesses. Moving forward, the CBSA willpublish the required data elements in Elec-tronic Commerce Client Requirements Doc-uments (ECCRD) a minimum of six monthsbefore the respective implementation time-lines begin. The ECCRD for highway willsoon be made available on the CBSA Website. In the meantime, the ECCRD can nowbe obtained by sending a request by emailto [email protected].

Highway carriers will have the option of

transmitting cargo and conveyance data tothe CBSA in advance of arriving at the bor-der using one of the existing EDI methods,or through the eManifest Portal. With simi-larities to the U.S. CBP’s ACE system, theeManifest Portal is a secure Web-based op-tion for clients to submit pre-arrival data.

When fully functional, the eManifest Portalwill reduce the administrative burden of thereporting process by providing many self-serve functions such as the ability to:• securely submit data;• confirm receipt of information;• perform queries;• generate reports; and• access help information online.

To ensure the eManifest Portal meets theneeds of both the trade community and theCBSA, numerous carriers, freight for-warders and importers have provided feed-back on its concept and initial design andconsultations will continue throughout thePortal’s development.

Implementation Timeline

eManifest will be implemented over a num-ber of years, by client type, using an 18-month implementation timeline. There willbe an initial 12-month period for clients toincorporate eManifest requirements intotheir business processes followed by a six-month period of informed compliance. Afterthis period of informed compliance, clientsmay be subject to administrative monetarypenalties (AMPs) for non-compliance.

The CBSA has revised the planned spring2010 implementation timeline of eManifestin the highway mode to September 2010.Revisions to the initial implementationdates will impact previously reported time-lines. Revised implementation timelineswill be posted on the CBSA Web site assoon as they are confirmed.

Stakeholder Consultations

The CBSA believes that the key to the suc-cessful development and implementationof the eManifest initiative is strong collabo-ration between the CBSA and the eManifest

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eManifestWorkingGroupSpearheaded by Robert Walker, CarsonInternational and Chair of CIFFA’sCustoms Committee, CIFFA’s eManifestWorking Group has met six times over thepast several months – in person, inconference calls and via Web Meeting.The work of the Group is to provideperspective and expertise to CIFFA’spermanent representatives at the CBSA’sDesign Working Group. Francis D’Oliveira,Icecorp Logistics and Ruth Snowden,CIFFA join Bob Walker on both WorkingGroups and are responsible for ensuringthat the “Voice of the Freight Forwarder”is heard as the CBSA creates ourelectronic future. The task is daunting.

Working Group members provide theindustry’s perspective in what is shapingup to be the most significant change to‘business as usual’ that we have seen indecades. Imagine it. The 8000 advicenotice data – available to the CBSA,electronically, before the container isloaded overseas. What data elements do

the CBSA need – in advance? What dataelements do the freight forwarders needincluded in the design of eManifest? Whatfunctionality must we keep when theswitch is made from paper to paperlesssecondary reporting? How can the CBSAdesign a system that accounts for thetiming and data requirements, whileproviding the confidentiality required by acomplex commercial co-load network?CIFFA Members have invested hundredsof hours in the stakeholder input processand will continue to contribute until thenew world is fully designed andimplemented – sometime in 2012.

Special thanks to members of theCIFFA Working Group and to guestswho give up days of their time andyears of their experience for theindustry.Donna Pietramala, CFR ConfreightMaritime Lines Paul Courtney, Courtney Agencies Susan LeBlanc, CrimsonLogic (NorthAmerica) Inc.Debbie Stevens, Damco Canada Graham Pickup, DHL Global ForwardingMarek Kiercz, Dimerco ExpressOryst Dydynsky, Descartes SystemsGroup Wayne Bibeau, Overseas ExpressConsolidators Rodrigo Gomez, Traffic Tech Inc.

Stakeholder Partnership Network (eSPN),which includes CIFFA. Ruth Snowden is theCIFFA representative on the eSPN SteeringCommittee, which provides input and guid-ance on the development of eManifest anddiscusses project issues that need to be ad-dressed. Bob Walker and Francis D’Oliveiraare the CIFFA representatives on the eSPNDesign Working Group that meets to dis-cuss the design and end-state componentsof eManifest and the impact on trade chainpartners. The eSPN Communications Work-ing Group provides a forum for discussion oncommunications approaches and activities toinform the trade community of their obliga-tions under eManifest and Donald Goodwin isthe CIFFA representative. Input from stake-holders such as CIFFA is essential for thesuccess of eManifest.

The CBSA offers eManifest information ses-sions, such as the Webinar held on February9th, 2010, lead by Jason Proceviat, theCBSA’s Director of eManifest StakeholderConsultations and Implementation. To viewupcoming CBSA eManifest information ses-sions, please visit the CIFFA Web site.

For the most current information on eMani-fest and its progress, please visit the eMani-fest section of the CBSA’s Web site. There,you will be able to request the ECCRD forhighway, and receive the latest eManifest in-formation by subscribing to the CBSA RSSnews feed.

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Business Continuity Planning ... It’s not just IT anymore!Remember the Y2K scare? Remember listening to the news or watch-ing TV as January 1, 2000 rolled across the South Pacific, then Asia,then Europe and Africa before coming to North America? Rememberstocking up on food, gasoline, and cash beforehand ... just in case?

Many consultants did well in advising us to upgrade our computersand IT systems to ensure they would continue operating into the newmillennium. Of course, they were in a win-win situation: if nothinghappened, it was great that you followed their advice ... you were wellprepared and your money was well-spent; if something happened,then it was the “I told you so” moment!

Maybe those consultants were actually on to something!

For many, Y2K was our first awareness of Business Continuity Plan-ning, whether we knew it or not. The world has changed significantlyover the past 10 years .... with the rise of terrorism, increased envi-ronmental concerns, the recent economic crisis, barriers to tradestrengthened, oil and fuel cost increases (again), China and Indiaemerging as major powers, SARS and H1N1 outbreaks, significantnatural disasters, etc.

Today’s visionary companies are looking at ways to continue operatingsuccessfully during many different types of emergencies: survivingand thriving when those emergencies cease. Business ContinuityPlanning takes into account these various threats to a company’s ex-istence by developing solutions that go far beyond the IT world.

An excellent recent example is the 2010 Olympic Winter Games inVancouver, which became a financial boon to many businesses aroundVancouver. During the Olympics, many retail businesses recorded arecord surge in sales (could anyone buy those Team Canada red mit-tens?); but what about non-retail? Many offices closed or shifted staffto other locations for the weeks of the Olympics, due to tightened se-

curity measures, or to the increased crowds and traffic, which madeit difficult for employees to get to and from work. In the next emer-gency, without years of advanced notice to plan, how would you con-tinue to do business if your employees couldn’t show up for work?

The upcoming G20 Summit in Toronto this June 26 and 27will bringdisruptions to business. Although details are still vague, a series of se-curity zones will be most likely implemented in downtown Toronto, withthe highest level of security surrounding the actual delegates and dig-nitaries. It is expected that access to businesses and residences willbe severely restricted; in some cases passes will be required to accessthe immediate area (business and homes). Roads will be closed in theimmediate area, and access to roads in the surrounding areas will berestricted. While your business may be able to cope with this “well-planned emergency” for a day or two, what would happen if a majorchemical spill closed access to your office for a week, without notice?

Governments are also concerned about continuity planning for com-panies within their respective jurisdictions. The Canadian Governmentdepartment, Public Safety Canada, has very good information for in-dividuals and corporations wanting to prepare for emergencies.

They recommend preparing for two types of emergencies: Natural andOther.Natural Other• Avalanche • Bomb Threats• Earthquake • Chemical Releases• Flood • Nuclear Emergencies• Hurricane • Pandemic Influenza• Landslides • Power Outages• Severe Storms • Suspicious Packages (Terrorism)• Storm Surges • Tornadoes• Tsunamis • Wildfires

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These “natural” emergencies can be somewhat location-specific, andtherefore may not be applicable to your particular company, but “other”emergencies can hit anywhere, at any time. Analyze your company’svulnerabilities and risks to each. Once those are properly identified andprioritized, you can focus on reasonable and effective risk mitigationstrategies to ensure your company can recover.

Do you have significant agency or office operations in geographic areasprone to disaster? How well did you serve your Canadian clients tradingwith Chile after last month’s earthquakes? How well prepared are youto handle shipments from Bangladesh if your local partner’s facility therefloods? If last summer’s tornadoes had hit a commercial area of Rich-mond Hill, Ontario instead of a residential area, how well would you beable to carry on business?

Public Safety Canada’s web site states that although many blocks ofManhattan were destroyed during the September 11, 2001 attack, manybusinesses with good continuity plans were able to survive.

Public Safety Canada further detail some business continuity lessonslearned from the attack:• Your Business Continuity Plan must be updated and tested frequently.• Key personnel must have access to your Business Continuity Plan, andcopies must be secured off-site. • All types of threats must be considered.• Your partners must be carefully selected (Who you depend on for busi-ness and who depends on you for business).• You need to be able to reach your key personnel.• You need to be able to communicate to your employees, partners, cus-tomers, suppliers.• IT systems need to be backed-up frequently and off-site.• Emergency response efforts can block or impede access to yourfacility for the duration of the emergency ... even longer if there arerepairs to be made or if there is a criminal investigation.• Any disruption will cause uncertainty and lost productivity. A majordisruption may even require employee counselling.

See their web site for additional information on business continuityplanning: http://www.publicsafety.gc.ca/prg/em/gds/bcp-eng.aspx

What will an effective Business Continuity Plan incorporate? • Responsibilities • Critical Operations • Communications • Location • Relationships • Equipment • IT • Payroll and Accounting • Training and Testing • Recovery and Resumption

Your actual Business Continuity Plan will obviously reflect yourcompany’s size and degree of complexity: a basic plan for asmall, relatively simple company; a thorough and very detailedplan for a larger, more complex organization. Each plan needsto be tailored to your individual company’s requirements, as notwo plans will be identical.

A recent search of the internet finds many statistics on business continuity:• 80% of businesses affected by a major incident close within a month.• 90% of businesses that lose data because of a disaster are forced to

shut within 2 years.• 43% of businesses experiencing a disaster never recover.• 80% of businesses without a Business Continuity Plan are forced to

close within 12 months of a fire or flood.• 80% of Canadian businesses that replied to a recent survey said

preparing for a disruption is low on their to do list.

Even if you don’t believe doomsayer data, common-sense and over-whelming evidence tell us that if your business is not prepared for anemergency, it will have problems surviving. Be prepared. Plan to continuewith a Business Continuity Plan.

For more details on this workshop, see the CIFFA website: http://www.ciffa.com/education_bcw.asp

CIFFA recently created a highly-interactive, one day, BusinessContinuity Workshop to assist its Members in understanding the im-portance of business continuity planning and in the development of aBusiness Continuity Plan.

Here is the feedback from some of the participants:

• “I really enjoyed this workshop and would recommend it to any-one. I think the main thing I took away was that this workshop opened myeyes to how unprepared I was to react to a crisis situation, and how I could

begin to put a plan in place, step-by-step.” D.S.

• “Very positive experience. Obviously a lot of time was spent indeveloping the course. Very glad I could take some ‘takeaways’ back.

Some good points to add to our plan came up.” B.E.

• “Prior to attending the Business Continuity Workshop offered by CIFFA, Ithought something like this will not happen to my company. If it does I can handle it.Little did I know”. What if this happened at a third party provider’s facility and I wasunable to access our customers’ cargo. Then what? You better have a plan”? D.C.

• “The CIFFA Business Continuity course taught me about prepara-tion and how important this is in order to prevent your business from stop-ping in the event of a disaster. A very well delivered course, would adviseothers to attend. Although I attended with little experience, I now feel com-petent to put what I have learned into practice. The instructor worked hardto impart his knowledge and experience in this course. I found his input

to be very informative and of value to me in my role.” E.W.

• “During our busy day-to-day lives of solving problems and installingpreventative measures we sometimes forget to step away from the detail andmake time to plan ways of ensuring the continuity of our services to our cus-tomers in the event of unseen catastrophes. We all think that someone else inthe company looked into disaster planning or, even worse, we hope that itwon’t happen to us. This workshop, in one single day, enabled me to identifythe aspects of ‘Business Continuity Planning’ that can be utilized in a practical

fashion to implement a simple but effective disaster plan”. J.M.

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You probably know that Incoterms are a series of sales terms, pub-lished by the International Chamber of Commerce (ICC) for use in in-ternational commercial transactions. The first edition was publishedin 1936 and the current version is Incoterms 2000. Towards the endof this year the latest edition, Incoterms 2010, will be published.

The revision process began at the start of 2008 and the drafting grouphas met on eight separate occasions for fourteen days. Currently thegroup has considered over 140 pages of line-by-line comments from25 National Committees of the ICC and the third draft has recentlybeen released and considered by both the National Committees andother interested parties. BIFA has been a regular contributor to In-coterms meetings held by the ICC inLondon and we have studied and re-acted to proposed changes as eachdraft has been published.

Currently the schedule is to publishIncoterms 2010 in the last quarter ofthis year with the new terms to beeffective from January 1st 2011.

So what is new?

The potential for contracting partiesto be required to supply security re-lated information to each other andthe carrier is addressed.

There are likely to be new guidancenotes in a designated section withselected definitions and explana-tions of concepts applying through-out the terms. As well as this therewill be guidance on the practicalconsequences of using each In-coterm.

The existing preambles to each termwill be reformatted and clarified. The

aim of this is to better serve as a means of informing users of In-coterms of their intended use, e.g. stating that FCA may be more ap-propriate than EXW for international trade, or that FOB is probably notappropriate for container traffic.

Another new feature of Incoterms 2010 is the classification. Incotermsare to be divided into categories: Terms for any Mode of Transport orMaritime only terms. This is intended to further assist Incoterm usersin identifying the correct term for their particular requirements.

There is a new Incoterm, DAP

The new DAP term, Delivered at Place, merges theformer less popular DAF, DES and DDU terms, whichcontained significant areas of overlap. Delivered atPlace means that the seller delivers when the goodsare placed at the disposal of the buyer on the arrivingmeans of transport, ready for unloading by the buyerat the named place of destination. The seller has tobear all the costs and risks involved in bringing thegoods to the named place. DAP is intended to be usedfor both domestic and international sales and it is

aimed to create a delivery term thatcan be used in domestic/intra EUtrade without causing confusion.

Conclusions

There are probably no major issuesfor freight forwarders in Incoterms

2010 although with Ex Works, FOBand CIF it is likely that shipperswill keep their traditional mean-ings and adapt them for air car-riage and container shipping. The

ICC is aware that there needs to bea major educational programme to educate traders.

Reprinted with permission from the British InternationalFreight Association (BIFA) at www.bifa.org

A New Edition of Incoterms

CIFFA InternationalTrade WorkshopsCIFFA’s Workshops are designed to provide top-ical information in an easy to digest half dayworkshop format. They allow participants to re-ceive quality training in a shortened time frame,permitting the participant to immediately usethe technical knowledge in their workplace.

• Letters of Credit• Export Reporting• Risks Forwarder’s Face• Cargo Insurance

Upcoming Dates Montréal:June 16Incoterms (A.M.)Letters of Credit (P.M.)June 17Essentials of Exporting (A.M.)Risks Forwarders Face (P.M.)

Changes to the new Incoterms 2010will be addressed in our ‘fully revised’ In-coterms 2010 Webinars, coming this fall.

“This was an excellentworkshop and the knowledgegained will be immenselyhelpful in my job.”

-Joanne W., Vancouver

“It was well pre-sented and questionswere well answered.”

-Sheila M., Montreal

Meet Chezelle Titterton CIFFA’s New Program ManagerChezelle Titterton has been in the freight forwarding and logistics fields for 9 years (opera-tions and sales), and in the adult education field for 15 years. She is a graduate of the Cer-tificate and Advanced Certificate Programs, and for the past several years has beeninvolved as a Teaching Assistant for CIFFA in Toronto. This combination of experiencesmakes her an excellent fit in the Program Manager position at CIFFA. Her current role with CIFFA was born from the Association’s desire to maintain and en-hance the CIFFA Certificate and Advanced Certificate Programs, which are well-known andwell-respected on an international level. Chezelle is responsible for ensuring the contentand delivery of the CIFFA Certificate and Advanced Certificate Programs in both the class-room delivery and e-learning delivery models maintain their reputation for utmost quality.It is especially important the program contents are kept up to date with our ever changingindustry, and reflect current industry practices.Originally from one of the most beautiful countries under the sun, Zimbabwe, Chezelle isproud to call Canada her home.

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Lifelong Learning – canbe described as the “life-long, life wide, voluntary,and self-motivated pursuitof knowledge for eitherpersonal or professionalreasons”. As such, it notonly enhances social in-clusion, active citizenshipand personal develop-ment, but also competi-tiveness and employability.The term also recognizesthat learning is not con-fined to the classroom, but

takes place throughout life, in a wide range of situations and throughvarious learning platforms. During the last fifty years, constant scientificand technological innovation has had a profound effect on learningneeds and styles. Learning can no longer be divided into a place andtime to acquire knowledge (school) and a place and time to apply theknowledge acquired (the workplace). Instead, learning can be seen assomething that takes place on an on-going basis from our daily inter-actions with others and with the world around us.

What Are Some of the Key Benefits of Lifelong Learning?Whether it's in schools, at home, on the job or in the community, peo-ple are constantly gaining new knowledge and skills. Continuing ed-ucation benefits not only the individuals and communities but thecountry's economy. Individuals in-crease and develop the knowl-edge, skills, values, attitudes andunderstanding they need in life asindividuals, citizens and workers.

It increases production and innova-tion in the workplace; employeesdiscover new abilities and ideas. Inour knowledge based industrywhere change is a constant, peoplewho embrace lifelong learning andwho continuously learn new skillscan better cope with the demands of the workplace changes. This inturn can strengthen the economy. The more skilled and knowledge-able individuals are, the greater the level of capacity in the economy.With a stronger economy, individuals have the possibility to earn more.Because of the complexities in the workplace of a knowledge basedindustry, it is critical to value, support and recognize the importanceof all forms of learning not just traditional schooling.

Education: More Is BetterIn an evolving and changing industry, freight forwarding, logistics andsupply chain education can help employers help employees sharpentheir skills, broaden their perspective, and increase bottom line results.The more employees know the better. This means that education in all

its forms becomes critical especially in our difficult economic climate.Give yourself an edge with education. Schools and professional as-sociations continually refine their offerings to keep pace with evolvingindustry needs. That's true of traditional bachelor's and master's de-gree programs, executive education programs, certification courses,and workshops that develop employee skill sets in specific areas.

When is the right time to study? Just about any point in a career. Thetime when people finished high school or college, got a job, and thenlearned all they needed to know at the workplace is long gone. Theever growing complexities of our industry have increasingly made in-house training more difficult - infrastructure, lack of resources andtime constraints are other difficulties encountered.

CIFFA as a professional organization can teach Member employees thenuts and bolts of the freight forwarding industry as well as lead them intoentry level management positions. Companies can also send more expe-rienced employees to graduate schools or more advanced programs.

ROI (Return on Investment) is also a vital concern for companies thattake advantage of workshops and online courses. By providing spe-cific skills for the industry, by conveying new knowledge, and impart-ing a wider understanding of the supply chain, CIFFA’s educationalprograms can reveal new talent and prepare people for future growth.Students just beginning their careers, front-line employees as well asmanagement employees can all benefit from continuing educationand provide companies with ROI’s and unexpected gains through in-creased skill, knowledge and innovation.

Most importantly, education and training is an invest-ment, not a cost.

How Can you Learn Universities, Colleges, Seminars, Webinars, Books, Videos,Blogs, Mentoring, Coaching and so many other ways.

Visit CIFFA’s Website at www.ciffa.com for more information onour robust Industry related programs.

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What is Lifelong Learning?

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What Members say about CIFFA

MC Freight Systems, Port Coquitlam, BC.

CIFFA: What prompted you to join CIFFA?MC Freight: “As a newly formed International Freight Forwarder we felt that itwas important to become a member of a professional organization who couldrepresent our company on important matters and issues from both a nationaland global level.”

CIFFA: What benefits have you experienced since becoming a CIFFA Member?MC Freight: “Since becoming a member of CIFFA, we have benefited tremen-dously from having access to specialized forms and documents, as well asmeetings and seminars which have been invaluable in our start-up phase. Inaddition to this we have established potential networking opportunities, whichhave allowed us to grow our business significantly.”

CIFFA: Which CIFFA education programs are your employees interested intaking?MC Freight: “Straight from kick-off we have enrolled our employees into theCIFFA 1st year education course; which has proved to be of significant benefitin educating our staff in international trade and freight forwarding; as wegrow our business, we would be fully supportive of continuing our company’seducation by promoting more employees through these recognised college-level certification programs that are available through CIFFA.”

CIFFA: What is your opinion of our daily ebulletins?MC Freight: “We have found this to be useful information in helping us gainknowledge of the day-to-day developments and changes that are being im-plemented by certain airlines, steamship carriers, rail operators as well as re-ceiving information on new government policies and regulations that surroundthe global freight industry in general.”

CIFFA: Which aspects of our recently updated website do you like the most?MC Freight: “Would have to say that every aspect of the website has certainqualities and links that we can draw specific information from.”

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Meet DuncanChalmers Advanced Certificate Program Instructor – Vancouver, BCDuncan Chalmers has over 35years of service in the Engineeringsector working in Procurement,Supply Chain Management andLogistics. He currently holds theposition of Manager of Logisticsand Expediting in Aker Solutions, aworld class EPCM company deliv-ering a wide range of productsand services to the oil & gas,process, construction and metals and mining in-dustries worldwide. Duncan has worked on over35 projects in a variety of countries includingPeru, Chile, China, Australia, Indonesia and Kaza-khstan. His team's most recent assignment in-cluded delivering a Sulphuric Acid Plant to Africafor a major mining project in the Democratic Re-public of the Congo.Duncan has been teaching the Advanced Certifi-cate Course in Freight Forwarding for over 9years and believes strongly in education. He is agraduate of Simon Fraser University and through-out his career has continued to keep his hand ineducation in post graduate studies and special-ized technical training.In his spare time Duncan is most likely to befound hiking, paddling or recording music in hishome studio

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As everyone is aware,Vancouver hosted the 2010 Olympics and

our Members were very busy with the logistics of delivering and set-ting up equipment at the various venues. “I am sure there will besome great stories to tell of logistical successes and nightmares butlet’s face it; the Olympics would not have been the success they werewithout the expertise and excellent service of our Members”, saysPaul Courtney, Western Region Chair. “So, big congratulations go outto all of our Members that helped to make the games happen.”

Amidst all this hard work, many of our Members were also able totake in some of the Olympic events. Donna Letterio, CIFFA VP I, waslucky enough to meet Nikki Yanofsky, whose song “I Believe” became

synonymous with the Olympics, and Canada winning Gold.

While attending the IATA March Conference in Vancouver, ExecutiveDirector, Ruth Snowden also taught the CIFFA Incoterms full day work-shop; and together with Western Region Chair, Paul Courtney, and histeam, hosted a Reception to thank Members for their continued sup-port of CIFFA initiatives. The reception was also an excellent opportu-nity for non-member companies to meet Members and see a“Benefits of CIFFA Membership” presentation and have and ques-tions answered. Thanks to everyone who attended!

The event was a great success, and CIFFA plans to hold similar futureevents in Central and Eastern Regions.

Vancouver Hosts the World and

CIFFA Hosts Reception for Members

N.Yanofsky and D. Letterio

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Benefits of CIFFA Membership Correlates to Record GrowthEven in these difficult economic times, Freight Forwarding companies continue to find value in CIFFA membership. Since our De-cember ’09 issue of The Forwarder, CIFFA has welcomed 12 new Regular Members and 9 new Associate Members.

New Regular Members as of March 31, 2010A. C. Global Freight Inc.Academy Logistics Services Inc.BAT Transportation IncBeyon Logistics Ltd.Canaan GroupDeugro (Canada) Inc.Frontier Forwarding Ltd.International Fastline Forwarding Inc.M.A.P. International Freight Inc.One Blue World Logistics Inc.PGA Trading & Shipping Inc.Trans-Pro Logistics

New Associate Members as ofMarch 31, 2010AFI International GroupAir Transat CargoCargoCoverCratex IndustrieseCustomsHayes Stuart Inc.HSBC Bank CanadaMontréal Port AuthorityRyder Container Terminals

Freight Forwarders LegalLiability, Errors & Omissions, &Marine Cargo Insurance

CIFFA members have the opportunity to enjoy:• Comprehensive Errors & Omissions and Legal Liability Insurance.

On-Line control over completion and printing of insurance certifi-cates.Preferred rates.

• Highly experienced insurance brokers, able to assist you in allareas of your business.

To learn more about how Nacora can help your business growplease call Jim Spicer at 905-502-7776 Ext 2288 or 1-800-761-4938 (ext 578). If you prefer please [email protected] For more information click here www.nacora.com!Note: Nacora is owned by Kuehne & Nagel Group

SaaS Software ProviderDescartes, a leading provider of software-as-a-service (SaaS) logistics solutions, isdelivering results across the globe today forcompanies in the freight forwarderindustry. Descartes’ end-to-end shipmentmanagement solutions help carriers and

freight forwarders: • Manage rates electronically; • Comply with customs and industry regulations; • Establish global shipment visibility; • Improve cargo yield management; and • Increase documentation accuracy by as much as 30% Contact Descartes at 1-800-419-8495 ext. 2331 or [email protected] or visit www.descartes.com**Ask about an exclusive CIFFA member discount on authorizedDescartes Freight Forwarder Solutions**

Premier provider ofinsurance & suretysolutionsAvalon Risk Management(Canada), Inc. partners withcustoms brokers and

freight forwarders to deliver comprehensive, reliable and business-critical insurance products and services. With access to strongCanadian insurers and unparalleled customer service, Avalonprovides the necessary tools for your business to succeed. Our products include: • Surety Bonds • Cargo Insurance • Professional Liability Insurance • Business Insurance • Truck Insurance Visit www.avalonrisk.ca for more information or contact Robert Macher [email protected] at (905) 696-1400 formore information.

Freight Forwarder CargoInsuranceFor over 10 years CargoCoverhas been the leading provider ofCargo Insurance to thousands offreight forwarders and shippersworldwide. Whether the need is

for Freight Insurance or Moving Insurance, CargoCover provides asimple and effective means to generate insurance rate quotes,book insurance, deliver electronic cargo insurance certificates andhandle insurance claims. CargoCover is brokered by Marsh, theworld's leading risk and insurance services firm. • A trusted online Insurance provider • Competitive rates, comprehensive coverage • Intuitive interface reduces manual entry • Accessible anywhere there is an internet connection • CIFFA Members benefit from Preferred Rates Visit www.cargocover.com for an on-line demonstration or speakdirectly with an account manager at 1-888-289-7744

CIFFA Preferred Vendor Program

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President Attends Transpacific Maritime Conference, Long Beach

Marc Bibeau, CIFFA President, reports that the consensusof the March 2010 conference was that the industry hastaken a 180 degree turn to what we've experienced andlived in the first three quarters of 2009. Carriers have takena real look at their cost and have taken aggressive actionin removing capacity from the Trans Pacific – approximately1.2 to 1.4 million TEUs over the last 12 to 14 months. Thishas created tremendous pressure on importers and ex-porters who require capacity to move their product in ourglobal economy.

The effects were rate increases on Transpacific and Asia-Europefreight from record lows to record highs. Insufficient equipment andcapacity left thousands of TEUs, system-wide with delays of up to 2weeks, just to get on a ship. On the Westbound in North America,forestry and agri shippers are booking as far as 8 weeks in advance,in order to secure space on respective carriers.

The carriers that were present and vocal with their position were clearthat at this time, no increase in capacity or redeployment of idle shipsin the South Pacific is forecasted in any major way, in the near to mid-term unless there are clear signs of volume and demand being con-sistent on a regular basis.

Carriers as a whole remain fragmented and somewhat unclear on thefuture. You would think that under 2009 results, there would be con-solidation or merging of carriers but there are no signs of this in the

trade at this time. As long as government and financial institutionscontinue bailing out carriers, the trade is under the opinion that theindustry will remain fragmented.

Another consensus is the industry must change the way it conductsbusiness on costing and rates. The following three points were iden-tified as needing to be addressed.

1. Volatility2. Forecasting3. Carrier reliability

The message was clear. The market will remain extremely fragile for2010.

Conference presentations are posted on the CIFFA website under theMembers’ Area, Marine Transport Issues, for detailed summaries andspecific case studies on the trade overall. (Login is required.)

• CIFFA 62nd Annual General Meeting, May 13, 2010, Missis-sauga Convention Centre, Mississauga, ON

• CIFFA Central Region Forwarders Choice Awards Dinner May13, 2010, Mississauga Convention Centre, Mississauga, ON

• CIFFA Eastern Region Graduation May 26, 2010, Plaza Volare,Crowne Plaza Montreal Airport, St. Laurent, QC

• CIFFA Western Region Graduation June 9, 2010, Best WesternAbercorn Inn, Richmond, BC

• CIFFA Eastern Region Forwarders Choice Awards Dinner June16, 2010, Plaza Volare, Crowne Plaza Montreal Airport, St. Laurent,QC

• CIFFA Central Region Graduation Boat Cruise June 10, 2010,Toronto, ON

• CIFFA Calgary Graduation June 2010

• CIFFA Western Region Golf Tournament July 8, 2010, MayfairLakes Golf Course, BC

• CIFFA Central Region Golf Tournament September 14, 2010,Cardinal Golf Club, Kettleby, ON

• CIFFA Eastern Region Golf Tournament September 24, 2010,St. Raphael Golf Course, QC

• CIFFA Western Region Forwarders Choice Awards Dinner Oc-tober 1, 2010, River Rock Resort & Casino, Richmond, BC

• CIFFA Western Region Christmas Lunch December 9, 2010,Best Western Abercorn Inn, Richmond, BC

CIFFA 2010 EventsMark your calendar now!

For details contact [email protected] or [email protected]

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“Go Green”, “Carbon Footprint”, “Social Responsibility”,“Carbon Offsets”...... what exactly is this new languageand how does it relate to the world of Freight Forward-ing? We have all been exposed to the world of blue boxes/green box recycling and most of us are now searchingfor ways to reduce workplace paper and energy con-sumption. At the end of the day we need to know howGo Green initiatives add value to our customers and theirparticular supply chains. The reality of this is Forwardersprovide a service that relies heavily on carbon emissionswhether this is via air, ocean, truck or rail.

According to a recent i Delphi (2009) study, “climatechange and its consequences will have a far-reachingeffect on logistics. As one of the largest producers of CO2 emissions,the logistics industry will find itself in a particularly difficult positionand under close scrutiny. The rising price of oil and the demand bycustomers for “green supply chains” will require enormous invest-ments and technological innovation.”

Our customers are under more and more pressure to reduce their Co2emissions within their respective supply chains and will be asking usas logistics service providers to offer guidance on how they can ac-complish this task. Five years ago the spotlight was on “lean” supplychains, the future will be in “green” supply chains. Our customers willbe looking for freight forwarders to become “green” subject matterexperts. So the question is how do we move from lean to green?

The Freight Forwarding community has come through a reces-sion that is completely unprecedented. Our customers have faceddownturns in business that can be compared to the depressionof the 1930’s. As the economy moves upward new challengesand opportunities will begin to emerge. One of those challengeswill be accommodating social responsibility and providing serv-

ices that mirror our customers’ needs. Corporatesocial responsibilities will go well beyond recy-cling and energy conservation. Corporate gover-nance will mean new rules of engagement underthe banner of “ethical logistics”.

If and when a customer comes to the Forwardingcommunity with a bid that asks for a “Go Green”policy what will we provide? Shades of ISO per-haps? We all remember when quality became thedifferentiator and ISO certification was the newsheriff in town: get ready for “Going Green” to bethe newest of new sheriffs!

So what do we need to prepare ourselves? Talk to your customer; askthem if their company has begun to discuss things like carbon foot-prints or carbon emissions. No doubt some will give you the spockianeyebrow and wonder what you are talking about however this proac-tive approach will provide future value. Be prepared for that first phonecall from your customer asking for a carbon emission analysis. Knowhow to handle things like carbon off sets points and knowing whatvalue this may bring to your customer. Understand the differences be-tween the carbon footprints that exist within the various modes oftransportation and be prepared to provide your customers with adviceon how they can balance service with emissions.

Planting the “green seed” today will only help you grow yourbusiness tomorrow.

Gary Vince, CIFFA Treasurer

i Delivering Tomorrow, Customer Needs in 2020 and Beyond, AGlobal Delphi Study, Deutsche Post AG Headquarters, June2009.

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Logistics Goes Green

The European Community and Canada con-cluded an agreement on customs co-opera-tion and mutual assistance in customsmatters which entered into force in 1998. TheEC-Canada agreement provides the legalframework for customs co-operation and mu-tual administrative assistance.

The EC-Canada agreement establishes aJoint Customs Co-operation Committee,where the EC is represented by the Commis-sion (Taxation and Customs Directorate Gen-eral) and Canada by the Canadian BorderServices Agency.

The agreement also provides for the possibility• to expand its scope and• to increase the levels of customs co-oper-

ation and supplement them.

In view of enhanced international co-operationregarding supply chain security and in linewith the interest expressed by Canada, closerco-operation in supply chain security could beenvisaged in the framework of the expandedagreement (which can be found athttp://ec.europa.eu/taxation_customs/com-mon/international_affairs/index_en.htm),(click on Canada) similarly to the current co-operation with the United States.

Since 9/11 security has be paramount ineveryone’s mind. In 2002 the USA introducedCSI and then 10+2 in 2009. The EU will in-troduce ICS in December 2010. Implicationsof EU security initiatives will impact trade andsupply chain practices, one of which is thatsecurity data must be sent to the customs of-fice of first entry into the EU territory.

For more information:• The EU legal source of the Modernised Cus-

toms Code (MCC) is on the Taxation andCustoms Union internet site: http://ec.eu-ropa.eu/taxation_customs/customs/proce-dural_aspects/general/community_code/index_en.htm

• Pre Arrival Declarations:http://ec.europa.eu/taxation_customs/customs/procedural_aspects/general/prear-rival_predeparture/index_en.htm

• Data requirements for entry summary dec-larations and for simplified procedures arein the Annex 30A of the CCIP (consolidatedimplementing provisions)http://ec.europa.eu/taxation_customs/re-sources/documents/customs/policy_is-sues/customs_security/Doc1250-05-annex.pdf

European Union – Import Control System (ICS)

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First Year for CIFFA Scholarship ProgramAt the 60th Annual General Meetingin Montreal last year, CIFFAlaunched our Scholarship Program.Designed to benefit the children ofemployees of CIFFA Regular Mem-ber companies, the first awards willbe made for students enteringpost-secondary education this fall.

The objectives of the CIFFA Schol-arship program are to:• Promote higher learning in inter-

national trade, logistics andcommerce.

• Increase awareness of freightforwarding as a career amongchildren of CIFFA Regular Mem-bers’ employees.

• Support the children of CIFFARegular Members’ employees inachieving higher learning desig-nations.

“CIFFA’s new Scholarship Programis a great idea,” said Executive Di-rector Ruth Snowden. “Every yearCIFFA Regional Committee volun-

teers organize Forwarders’ ChoiceAwards gala dinners and golf tour-naments in Montreal, Toronto andVancouver. Hundreds of peopleparticipate in these popular events.If CIFFA Members know that someof the net proceeds from their golfor FCA attendance contribute insome small way towards the pro-motion of educational excellence,they will have a ‘good feeling’about their participation.”

“The new scholarships are designedto increase awareness of freight for-warding as a career choice to stu-dents early in their post-secondaryeducation,” says Director of Educa-tion Doug Burek. “One of our pri-mary objectives is to ensure Membercompanies can source trained,knowledgeable employees to fill newpositions as well as having access toworld class education and trainingprograms for their current employ-ees through CIFFA’s educational of-ferings.”

Awards, in the value of $3,000 willbe paid in two equal installmentsduring the first two years of study inan international trade, logistics orbusiness course leading to a diplomaor degree.

Eligibility• Child of an employee in good

standing of a CIFFA Regular Mem-ber company as of April 1st of theaward year. • Letter of employment certifyingpermanent full time or permanentpart time employment of parent atleast 20 hours/week signed by anofficer of the company.

• Student entering his/her first yearof undergraduate or graduatestudies at an accredited Cana-dian college or university. • Enrolled in international trade,logistics or business course lead-ing to a diploma or degree. • High school transcripts showingmarks as of March 1 of theaward year

• Submission of a 500 wordessay entitled, “The Value ofHigher Education” • Three letters of reference fromemployer, teacher, coach, chari-table organization, or other • Resume outlining volunteer ac-tivities, interests, part-time worketc.

Applications will be accepted be-tween April 1st and May 15th,2010.

Details of the Scholarship and ap-plication forms are available at: http://www.ciffa.com/become_benefits_scholarship.asp

Wage Subsidies for New Supply Chain Hires

Hire a new employee in a supplychain role and receive up to $12,750from the Canadian Supply Chain Sector Council to

help pay his or her wages for a year.

The employee must have completed post secondaryeducation, and be between the ages of 15 and 30.

Participation is simple: enrol in the program,* then select a candidate, complete

an application form and, if approved, submit proof ofwages paid for each pay period. Approval of applications

takes just one or two days.

Find out more: Go to www.supplychaincanada.org/en/career-focus orcontact Sheryl Keenan, at 905-897-6700, 1-866-616-

3468 or [email protected].

*Be sure to register before you hire to be eligible to participate

CIFFA continues to support its Members and Certificate ProgramsGraduates by launching a New Résumé Board.

This is a value-added and free service to CIFFA Members who may be look-ing to hire. Students of colleges or employees of Non-CIFFA Members whohave completed the CIFFA Certificate and/or Advanced Certificate Programare able to place their résumés on our website.

Our Résumé Board makes it easy to find qualified workers. There is asearch function that allows a hiring manager to sort potential candidate bygeographic locations and by job interest. Go to this link to start your search:http://www.ciffa.com/members/resume_search.asp(Members’ Area requires login password)

As the economy starts to pick up and hiring becomes a possibility,Members are encouraged to take advantage of this new free serviceto find competent candidates.

CIFFA Launches the Résumé Board

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Shippers Increasingly Rely on Freight ForwardersItwas recently reported by IFW Online that shippers increasingly

place greater value on forwarding services as supply chains be-come more complex. They cite the fact that carriers demonstratelittle understanding and flexibility when it comes to solving day-to-day transport problems. This is certainly understandable inasmuchas carriers are primarily in the terminal to terminal (or port to port)ocean freight business or airport-to- airport air business and are notsensitized - nor trained - to thinking in alternatives to their ownservices.

Based on an in-depth analysis of the global Freight Forwarding Sec-tor by Drewry Supply Chain Advisors, forwarders have more thandoubled their share of the container market in the last 20 years.Forwarders’ share of the sea freight sector increased to around35% in 2009, compared with approximately 15% in the 1980s andcontinues to grow. In comparison, the market share for air freight isaround 95%, a rise of five percentage points since the 1980s.

Drewry’s report, ‘Using International Freight Forwarders – Costs,Contracts and Best Practices’, says the range of services and re-quirements of shippers from freight forwarders are becoming morecomplex. It says many larger shippers are turning to forwarders tofind smarter ways of handling and moving products more cost-ef-fectively. Also, fixed-capacity logistics assets such as warehouses,trucks et al can turn into a strategic disadvantage in these uncertaineconomic times. Balancing supply and demand across the valuechain will prompt strategic redesign of the supply network and drivedemand for alternative and flexible products in the transport mar-ket. Hence, the forwarder’s role - and demand for - will be furtherenhanced.

In many ways this is an almost logical consequence of a confluenceof factors supply chain managers are faced with. Most industry ex-perts agree that today’s supply chains will be confronted with a‘permanent volatility’ in an unstable marketplace that is largelydriven by risk management and uncertainty that entails such factorsas supplier solvency, cost fluctuation, demand volatility, fluctuatingforeign exchange rates, security threats, labor strikes, systems fail-ures and, last but not least, a volatile regulatory environment thatpromotes conformance with hefty fines and other punishments.

Hence ‘compliance outsourcing’ is becoming an ever more attrac-tive alternative that can well suit the buyer and/or vendor. Whilst ul-timately still accountable to the regulatory authorities, theconsequences for non-conformance can be conveniently shifted tothe intermediary! 45% of supply chain professionals recently sur-veyed by Centrx Consulting say they are supporting their internalregulatory compliance department with external resources, espe-

cially those doing business in emerging markets. Growing globalconcern over environmental and safety issues is spinning a globalweb of trade and security programs that impact both importers andexporters, as well as products and movement. Compliance with newregulations such as the EU REACH and the US 10+2 filing systemprograms can be complex and costly, to mention just a few.

Global sourcing is buffeted between business imperatives and achanging playing field and is in for a big change. The economicdownturn and increased government involvement have added alevel of complexity to sourcing decisions that is leading to disparatesourcing objectives. Reconciling them to achieve short-term resultsand long-term objectives is a conundrum that companies will con-tinue to grapple with.

This, all the more, brings back the old adage of ‘do what you dobest and outsource the rest’. Outsourcing is being driven by a myr-iad of forces and a recent survey of American shippers by ‘eyefor-transport’ revealed that 69% currently outsource their logisticsoperations to 3PLs. The most popular functions to outsource are theconventional services for transport, warehousing and distributionbut companies are now starting to outsource value-added and cus-tomer-facing services like reverse logistics and customer supportas well. Logistics is not core business to most manufacturers anddistributors and contracting out to freight forwarders, 3PL and 4PLproviders, can mean cost advantages and the flexibility of a widercarrier base, alternative routings and varied combinations of trans-port modes to meet the supply chain’s ultimate goal of JIT – Just inTime delivery.

Global Sourcing is a barometer for the world economy: a rise in in-dicators associated with a healthy and vibrant global sourcing sec-tor will also correlate with a reviving global economy andcompanies' financial health. And whilst we can see such healthy in-dicators in the Intra-Asia region and, interestingly, parts of SouthAmerica, they are patently absent in the mature economies of Eu-rope and North America. With the two most mature and richest mar-kets still struggling to shed the effects of a devastating recession,good supply chain management will remain an imperative for suc-cessful enterprises and outsourcing may be just one of the answersfor the challenges ahead!

George Kuhn, former Executive Director of CIFFA, currently providesmanagement and consulting services to the industry.

Reprinted with permission from LQ Magazine: www.logisticsquarterly.com.

CIFFA Collaborates on Montréal Logistics Park StudyCIFFA Members, prepare to participate! On the request of the Québec Ministry of Economic Development, Innovation and Export Trade (MDEIE) CIFFA has entered into a partnership

agreement to provide input into the needs analysis study for the formation of a Logistics Park at the Port of Montréal. Under the leadership of

the International Institute of Logistics of Montreal, with funding from Transport Canada; Ministère des Transports du Québec; Port of Montréal,

and the MDEIE, CIFFA will be asking Members to contribute to the project by participating in questionnaires and focus groups.

As the Voice of Freight Forwarding in Canada, CIFFA represents Member firms, raising a strong and united voice with various government and

regulatory bodies. We inform Members, educate regulators, seek input and strive to enhance trade capabilities, assisting Members in the delivery

of competitive solutions. Participation in this important forum again shows the leadership role CIFFA has come to play on the Canadian stage.

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Central Region: May 13, 2010, Mississauga ConventionCenterCocktails: 17:00 Dinner & Awards: 19:00

Pricing: $100.00 + $5.00 GST = $105.00 per person OR Table of 10: $952.38 + $47.62 GST = $1000.00

Central Region’s Absolute Deadline for Booking IsApril 30, 2010

Central FCA registration form go to: http://ciffa.com/events_central.asp

General Inquiries:Contact: Jodie Wilson, LCL Navigation, 905-362-6000

Digital Ads Available for $285.71 + $14.29 GST = $300.00& Sponsorship OpportunitiesContact: Joe Cappiello, SDV, [email protected]

Eastern Region*: June 17, 2010, Plaza Volare (CrownePlaza Montreal Airport)Cocktails: 17:00 Dinner & Awards: 19:00Pricing: $105.00 per person OR Table of 10: $1050.00Eastern Region’s Absolute Deadline for Booking is June 11, 2010Eastern FCA registration form go to:http://ciffa.com/events_eastern.aspHalf Slide Digital Ads - Cost: $375.00Preferred Vendors and Non Carrier Associate Member TableTops - Cost: $325.00 ($287.93+$14.40 GST+$22.67 QST)(Dinner tickets available for purchase if you would like to continueto network during the evening) Tables are limited and are re-served on a first come first served basisEastern Region Committee Contact InformationFCA Tickets: Bonnie Weldrick, [email protected]: Eddy Dumouchel, [email protected] Danny Dinardo, [email protected] Carrier Associate Table Tops: Ellen Kumpic,[email protected]*All pricing subject to applicable taxes in Quebec

The Forwarder April 2010

27

CIFFA Regional 2010 Forwarders Choice AwardsAll three CIFFA Regions host annual Forwarder’s Choice Awards Gala Events. These events recognize the contri-bution and commitment of our most important suppliers, our carriers. Awards will be presented to the carriers basedon the selection for excellence on certain trade lanes and the premier award will be for “Carrier of the Year”. Thisaward will be presented to the air and ocean carrier who has demonstrated the highest degree of professionalism,partnering, and commitment to our industry. Eastern and Western Regions also recognize the trucking industry.“SEATING IS LIMITED AT THESE EVENTS – LAST YEAR BOTH CENTRAL AND EASTERN SOLD OUT”

This year a portion of the ticket sales from all Regions will go to help fund the CIFFA Scholarship Award.

2010Forwarders Choice Awards Member Voting CriteriaCIFFA Members vote for carri-ers (i.e. Not an NVOCC, LinerAgent or GSA) based on thehighest degree of profession-alism, partnering and commit-ment to the industry withineach of the three Regions.• Customer Service/Call Cen-

ter/Account Management(air)

• Ground handling (air)• Invoicing accuracy dispute

resolution (air)• Moved as booked (air &

ocean)• Frequency / Network (air &

ocean)• Bill of lading accuracy

(ocean)• Sales representation/ac-

count management (ocean)

NEW

In an effort to standardize the Forwarders Choice Awards sponsorship opportunities across Canada in the three Regions,CIFFA is pleased to offer the following to all FCA sponsors across Canada.

Gold: $1500.00 (includes free digital PP slide, announcement of thanks from podium, 2 complimentary FCA dinner tickets

and your name listed on dinner menu) Silver: $1000.00

(includes free digital PP slide and 1 complimentary FCA dinner ticket)Bronze: $ 500.00

(name included on a list of all bronze sponsors on digital PP slide)Group Sponsorship: $100.00-$400.00

All sponsors will get their names listed in an edition of “The Forwarder” magazine and in an eBulletin which includes theFCA event highlights. Note: sponsorships are non-taxable.

Power Point Digital Ad: $300.00 – Your slide will run in a loop with all other slides at various times throughout the FCA evening.

Each Region will have its own contact information for both sponsorship and digital advertising. Keep posted to our eBulletins for more information.

Visit the CIFFA website to access Regional information on a regular basis:Eastern Region: www.ciffa.com/events_eastern.aspCentral Region: www.ciffa.com/events_central.asp

Western Region: www.ciffa.com/events_western.asp

Central Region announces new FCA Sponsorship Opportunities

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Apply for your Professional Freight ForwarderDesignation

Today

Benefits of becoming a PFF:✔A higher degree of employability within the industry; ✔Higher visibility within the Profession; ✔Discount on CIFFA education programs and seminars; ✔Access to other PFFs to share the best practices; ✔Network and sales opportunity through meetings, trade

shows and social events; ✔Regular communication: PFF Communiqué, CIFFA e-bulletin,

the Forwarder magazine; ✔Special offers/discounts from CIFFA Partners

You have worked hard and you have achieved the criteria,now is the time to show it – apply for your PFF today!

Amerik Singh Haer(1119),Kuehne+Nagel

Guillaume Chretien(1120), CyberfreightSystems Inc.

Satnam KaurDhami (1121), Federated Group

Congratulations to the following professionalswho received their designations between

January and March 2010:Amerik Singh Haer (1119)Guillaume Chretien (1120)Satnam Kaur Dhami (1121)

Winners of the 2010-2011 PFF Renewal Early

Bird Draw:Karl-Heinz LeglerDeborah RocheRahman Wahab

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The Forwarder April 2010

29

Reasons to take CIFFA Certificate Programs✔Career Advancement✔Access to and opportunity to learn

from experts in the field✔Depth of teaching experience

(programs delivered since 1993)✔Comprehensive and detailed

course material✔Flexible study options (classroom,

e-learning)✔Gaining skills you can put to work

immediately✔Networking and making

business/industry contacts

Certificate Program• Introduces students to the fundamentals of inter-

national freight forwarding. • Topics include: understanding exporting and im-

porting; transport geography; terms of trade; landtransportation; air freight; and ocean freight.

• A Certificate in International Freight Forwardingis awarded to successful students

Advanced Certificate Program• Expands further on the multi-faceted aspects of in-

ternational freight forwarding.• Examines the intricacies of ships and chartering

thereof; the chartering of airplanes; project man-agement; the importance and relevance of customs– process and compliance; logistics and supplychain management; IT and e-logistics; transporta-tion law; and marketing.

• An Advanced Certificate in International FreightForwarding is awarded to successful students.

Registration beginsJune 1• Courses start the secondweek of September.• Classroom or E-Learningoptions available• The four-hour classroom sessions are held weekly (6-10 pm)in the following cities:Toronto, Vancouver, Montreal,Calgary (Certificate programonly)Need More Info?http://www.ciffa.com/educa-tion_courses.aspWant to Register?https://www.ciffa.com/educa-tion_https_form_registeron-line_step1.asp

CIFFA Certificate Programsare accredited by CSCSC(Canadian Supply Chain SectorCouncil).

The CIFFA Certificateprograms are recognizedby FIATA (InternationalFederation of FreightForwarding Association’s).Successful Graduationfrom Module II also

entitles the individual to apply for the “FIATADiploma in Freight Forwarding”.

Plan your 2011 Advertising Dollars Now!CIFFA Membership Directory Rates

Distributed to over 1500 companiesincluding Regular and AssociateMembers in addition to variousgovernment offices, associations, alladvertisers, as well as Canadianforeign trade missions. Again thisyear, all advertisements will beorganized into an “AdvertisingExtract” document which will beposted on our website,www.ciffa.com, found under theMembership Directory menu, titled“2011 Membership DirectoryAdvertisers”. Book your space [email protected].

Mechanical Specifications and Costs: For full Colour or Black & WhiteMember Rate Non-Member Rate

Outside back cover* $2000.00 NOT APPLICABLEInside covers* (front or back) $1400.00 NOT APPLICABLEFull page $1025.00 $1300.00Bleed 8 ¾" (width) x 11 ¼" (height)Trim 8 ½" (width) x 11" (height)Live area 7" (width) x 10" (height)Half page (horizontal) - 7 ½" (width) x 4 7/8" (height) $510.00 $650.00Half page (vertical) - 3 5/8" (width) x 10" (height) $510.00 $650.00One-quarter page - 3 5/8" (width) x 4 7/8" (height) $340.00 $425.00

*Right of refusal to past advertisers.Costs are NET – no agency discounts

** Additional Notes:All ads that bleed please add at least ¼” to each side of imageAll prices are based on digital art being provided. Set up charges will be charged if applicable

Acceptable Format: High resolution PDF.Prices subject to applicable tax(es) in Canada.Deadline for artwork is November 19, 2010 Publication date: March 2011

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The Forwarder April 2010

30

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The following résumés are available:

CIFFA has received requests from international freightforwarding companies looking for agency relationshipswith Canadian firms, from the following locations:

Note: CIFFA has not reviewed this correspondence or vettedthese companies or individuals. Interested members sendyour requests to [email protected], quoting eitherAgency or Résumé item number being requested.

Correspondence from around the world

1 Calgary, AB: Traffic coordinator import/export, purchasing experience, English/Mandarin/Russian

2 Montreal, QC: 7 years import/purchasing manager, logistics and production experience

3 Surrey, BC: 5 years warehouse & office experience, BCIT International Trade & Transportation diploma

4 Toronto, ON: 20 years airline experience, customs procedures & documentation

5 Toronto, ON: 20 years ocean freight forwarding experience. CIFFA Advanced Certificate, bilingual English/French

6 Toronto, ON: 3 years logistics coordinator/sales experience, ocean import & export. CIFFA Advanced Certificate

7 Toronto, ON: 8 years logistics/export experience, fluent in English/Turkish /Persian

8 Toronto, ON: Executive with 25 years sales, marketing & operational experience air cargo industry

9 Toronto, ON: Export coordinator Spanish/English/French, International Business Management, Seneca College Certificate

10Toronto, ON: 10 years import/export/logistics experience, CIFFA Advanced Certificate

Résu

més

1 Phnom Penh, Cambodia2 Mashhad, Iran3 Shenzhen, China4 Port Said,Egypt5 Kenya, East Africa6 Kowloon, Hong Kong7 Wanchai, Hong Kong8 Peliyagodua, Sri Lanka9 Karachi, Pakistan

10 Basrah, Iraq11 Oshodi Lagos, Nigeria12 Mumbai, India13 Leipzig, Germany14 Adana, Turkey15 Alexandria, Egypt16 Pavas, Costa Rica17 Novorossiysk, Russian Federation

Fall Edition Editorial Content• e-Manifest Highway – On the Road to Success• EDI - Container Releases - Legal Impacts• 2010 Incoterms – Significant Changes• Going Green - FAQNew this year: All advertisements linked to your company websitewhen viewed at www.ciffa.com, Forwarder page.

Canada’s Only Dedicated Freight Forwarders’ Magazine – THE FORWARDER CIFFA has made the outside back cover and the inside front cover of The Forwarder

available to advertisers. The Forwarder publishes each Spring and Fall. Artwork dead-line for the Fall issue is October 1, 2010.

The Forwarder is mailed to over 1400 recipients and is distributed at vari-ous trade shows throughout the year, reaching countless supply chain representa-tives. Leaving the best for last -The ultimate reason to advertise is that CIFFA’s

website gets 10,000 monthly visitors who are your potential customers!

Advertising Rates Cost(Per Issue) (plus applicable taxes)

Member Rate Non-Member RateOutside Back Cover* $1500.00 $2000.00Inside Front Cover* $1000.00 $1500.00Full Page $550.00 $660.00Half Page $300.00 $360.00Quarter Page $200.00 $240.00

Prices based on digital artwork as a high resolution pdf file*Confirmation of placement is on receipt of payment.

Reserve your space by emailing: [email protected]

Distribution by Province TotalAlberta 100British Columbia 202Manitoba 44New Brunswick 33Newfoundland 35Nova Scotia 45Ontario 598Prince Edward Island 10Quebec 320Saskatchewan 20International 12

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Knowledgeable importers & exporters rely on CIFFA members for professional freightforwarding and logistics services...worldwide. Our members:• Adhere to standard trading conditions and abide by a professional code of ethics• Carry mandatory liability errors/omissions insurance• Lead the industry with highly trained and experienced staff

Canadian International Freight Forwarders Association 480–170 Attwell Drive, Toronto ON M9W 5Z5Tel: (416) 234-5100 Fax: (416) 234-5152 Toll Free: 1-866-282-4332 Email: [email protected]

Regular Members as of: 31/03/2010

www.ciffa.com

(ABH) Oversize Direct Ltd.

A & A Contract Customs Brokers Ltd.

A.G.O. Transportation Inc.

A.W.W. Kyle Logistics Inc.

AB Forwarding

ABCO International Freight Inc.,Subsidiary Cole Group of Companies

Academy Logistics Services Inc.

AC Freight Forwarding Inc.

A. C. Global Freight Inc.

Adcom Worldwide Canada

Advance Distribution & Logistics Inc.

Advantex Express Inc.

Aeronautic Freight Systems Inc.

Affiliated agents en douane Ltée.

AG LogisticsAgility Logistics, Co.

Air World Express,Division of Key Mail Canada

Air-Ship International Inc.

ALB Global Solutions Inc.Albacor Shipping Inc.

Allfreight Services Int’l Inc.

Ameri-Connect Freight Services Inc.

AMI Logistics Inc.

Anchor International Freight Services Inc.

Anything To Anywhere Worldwide Logistics

AquaMar Shipping Inc.

Aramex Canada Inc.

Arrival Air & Sea Transport Inc.

Atlas International FreightForwarding Inc.

AWF Forwarding & Logistics Ltd.

Axsun Global Inc.Axxess International Inc.

Bali International Inc.

BDP Canada ULCBeacon International Despatch Limited

BAT Transportation Inc.

Beler International Forwarding

Bellville Rodair InternationalBeyon Logistics

BGL Brokerage Limited

Big Freight Systems Inc.

Branson International Inc.

Browman Freight Services Inc.

Buckland Customs Brokers Limited

C.S. World Cargo 2000 Ltd.

Canaan GroupCanaan Transport Group Inc.Can-Tran Intl. Inc.Cargo Alliance Ltd.

Cargo Spectrum Forwarding Inc.

Cargolution Inc.Cargomax International Inc.

Cargopedia Inc.

Carson International

Cavalier International AirSea Freight Ltd.

CEVA Freight Canada Corp.

CFR Confreight Maritime LinesCanada Inc.

Challenger Logistics Inc.

Checkpoint Logistics Inc.

CJL Logistics Inc.

CMS Shipping

Colbeck & Clarke Inc.

Cole Freight Inc.

Comage Container Lines Inc.

Conova Logistics Inc.

Consolidated Shipping Line, Inc.

Convoy Logistics Providers

Courtney Agencies Ltd.

CrossBorder Solutions Inc.

Customized Global Logistics Inc.

Cyberfreight Systems Inc.

Damco Canada

David Kirsch Forwarders Ltd.

DB Schenker

Delmar International Inc.

Destination Logistics Inc.

Deugro (Canada) Inc.

DHL Global Forwarding (Canada) Inc.

Dimerco Express (Canada) Corporation

Dolbec Y. Logistique International Inc.

DRT Logistics International Inc.

DSV Air & Sea Inc.

Earthlink Global Logistics

Ecu Line Canada Inc.

Eurofret Canada Inc.

Euroworld Transport System Canada Inc.

Expeditors Canada, Inc.

Farrex Freight Systems Ltd.

Farrow International, Division ofRussell A. Farrow Limited

Fast Freight Forwarding Co.

Federated Freight Services Limited

FedEx Trade Networks Transport &Brokerage (Canada) Inc.

Forwarding Unlimited Inc.

Freight Partners International Inc.

Freight Systems (Canada) Inc.

Freightcan Global Inc.

Frontier Forwarding Ltd.

Garroni InternationalLogistics Corporation

Geo Express International Transportation

Geodis Wilson Canada Ltd.

George A. Gray Customs Brokers Limited

Gillespie-Munro Inc.

Global Freight Solutions Inc.

GMW Freight Services (Canada) Ltd.

Golden Jet InternationalFreight Forwarders Inc.

GTI Global Freight Systems

GTO Global Logistics Inc.

Guy Tombs Limited

Harte & Lyne Limited

Hartwick O’Shea & Cartwright Ltd.

Hellmann Worldwide Logistics Inc.

ICECORP Logistics Inc.

Imperial Logistics Inc.

International Fastline Forwarding Inc.

International Transportation Group

Inter-Transport Ltd.

ITN Logistics Group

J. René Hébert Ltée.

JF Hillebrand Canada Inc.

KB Forwarders Ltd.

Kelron Logistics Group of Companies

KRG Logistics Inc.

KTI Logistics Ltd.

Kuehne + Nagel Ltd.

Latin America Cargo (LAC)

LCL Navigation Ltd.

LFI Laurentide Forwarders (Canada) Inc.

Livingston International Inc.

Locher Evers International

LOGFRET

Logistics Plus Canada, Ltd.

Lyman Container Line,Division of LCL Canada Limited

Lynden Canada Co.

M.A.P. International Freight Inc.

M.O.T. Intermodal Shipping Inc.

Maisliner Logistics

Maltacourt (Canada) Ltd.

Mannix Freight Services

Mantoria, Inc.

ManX Forwarding Inc.

Maple Freight Partnership

Mathers Logistics

MELLOHAWK Logistics Inc.

Mendelssohn Freight Services, MFS Inc.

Mercator Transport International Inc.

Metras Shipping & Forwarding Inc.

Mid Forwarding Inc. dbaWorldwide Animal Travel

Milgram International Shipping Inc.

Near North Customs Brokers Inc.

Nippon Express Canada Ltd.

Northern Arrow Freight Systems Inc.

Ocean Transportation ServicesFreight Forwarding Inc.

Oceanair Cargo International

Odyssey Shipping Ltd.

OEC Overseas ExpressConsolidators (Canada) Inc.

Omnitrans Inc.

One Blue World Logistics Inc.

Outaouais Moving Inc.

Overseas Container Forwarding Inc.

P & T International Forwarding Ltd.

Pacific Overseas Forwarding Inc.

Paltainer Ltd.

Panalpina Inc.

Patriot Freight Services Inc.

Pentagon Freight Services Canada Ltd.

Perishables InternationalTransportation Inc.

PF Collins International Trade Solutions

PGA Trading & Shipping Inc.

Phoenix Bathurst Fret-Freight Inc.

Polaris Transportation

Polimex Forwarding Corp.

Primex Customs & Logistics Inc.

Priority Air Cargo

Project Logistics Consulting Ltd.

Purolator International Ltd.

Quad City Port Services, Inc.

ROE Logistics Inc.

Ranger Express Forwarding Inc.

Renaissance International FreightForwarding Inc.

Ridgeway North America Limited

Rodmarc Enterprises Inc.

Rohde & Liesenfeld Canada Inc.

Roleco Forwarding Inc.

Ronco Freight International

Rutherford Global Logistics

Sameday Worldwide

Savino Del Bene Corp. (Canada)

SDR International Freight Inc.

SDV Logistics/Logistiques (Canada) Inc.

Sea Air International Forwarders Ltd.

Sea Cargo Air Cargo Logistics Inc.

Sea Projects Alliance Inc.

Secure Freight Systems, Inc.

Shipco Transport Inc.

Shuttle Freight Logistics Inc.

Skyway International FreightForwarders Ltd.

Smaster Logistics Canada Ltd.

SPI International Transportation

Strategic Shipping Canada Inc.

Synergex Logistics Corp.

Texcom Shipping Inc.

TFM Global Logistics

TLS International Inc.

Toll Global Forwarding (Canada) Ltd.

Total Logistics Partner OceanConsolidators Inc.

Trade Link International Ltd.

Traffic International (Montréal) Inc.

Traffic Tech Inc.

Traffix

Transera International Logistics Ltd.

Tri-Ad International FreightForwarding Ltd.

Tri-Alliance Freight Services Inc.

Triumph Express Service Canada Inc.

UE Canada Inc., Global Logistics Services

Unifreight International Ltd.

United Cargo Link Ltd.

Universal Logistics Inc.

UPS Supply Chain Solutions

UTC Overseas Canada Inc.

UTi, Canada Inc.

Viamar Scilla Transport International Inc.

Vinpac Lines (Canada) Inc.

W. G. McKay Limited

Weiss-Rohlig Canada Inc.

Welke Global Logistics Ltd.

Westport Freight Services Inc.

Whizdom International FreightServices Inc.

Wide Range International Inc.

Willson-Green Logistics Limited

YBC Fortis Logistics Inc.

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ation

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