Agency services
According to the "Code of Merchant Shipping of the Russian Federation" dated 30.04.1999 No. 81 - FZ:
- The maritime agent performs various formalities related to the arrival of the vessel at the port, the stay of the vessel in the port and the departure of the vessel from the port, assists the captain of the vessel in establishing contacts with the captain of the seaport and local authorities and in organizing the supply of the vessel and its maintenance in the port, draws up cargo documents, collects freight amounts and other due to the shipowner amounts for claims arising from the contract for the carriage of cargo by sea, pays by order of the shipowner and the captain of the vessel the amounts payable in connection with the stay of the vessel in port, attracts cargo for transportation on the sea line, collects freight, freight forwarding and performs other actions in the field of maritime agency.
- The marine agent is obliged to:
- to carry out its activities in the interests of the shipowner in good faith and in accordance with the practice of maritime agency;
- act within their authority;
- keep records of the expenditure of funds and provide reports to the shipowner in the manner and within the time limits provided for by the contract of maritime agency.
Agents often perform the following main duties:
- they are guided by the norms of the country's legislation on navigation and reimburse the shipowner for any fines, sanctions,
- costs and restrictions; in the field of marketing and sale of shipowner's services - carry out marketing activities on the territory in accordance with the general principles established by the principal;
- they search for and tow cargo, inform about services and maintain contacts with senders and recipients of cargo, freight forwarders, port and other authorities and organizations;
- provide statistics and information on cargo towing and allocation of seats, announce waste and arrivals, freight rate quotas;
- notify the shipowner of all changes in port tariffs and other charges as soon as they become known;
- calculate freight and other charges according to tariffs, collect freight and related payments and transfer to the shipowner all freight and other amounts belonging to him, within the prescribed time. organize public relations work (including advertising, press releases, waste schedules and other marketing materials) in accordance with the estimate agreed with the shipowner and at his expense;
- organize the berthing of ships, loading and unloading of cargo in accordance with local customs and conditions;
- monitor the activities of terminal operators, stevedores, tallmans and all other contractors in order to ensure proper compliance with the usual requirements in the interests of the most efficient operation and the fastest processing of vessels;
- organize the call, acceptance and loading of shipped goods, unloading of incoming goods, transshipment of transit goods;
- participate in the process of bunkering, supply, replacements in the crew, passengers, ships stocks, spare parts, technical, navigation and medical assistance;
- organize a stock of equipment in the territory serviced by the agent, and, if required, provide storage, placement and movement of equipment;
- comply with customs requirements and draw up documentation on the exchange of equipment in respect of those movements for which the agent is responsible, as well as monitor the availability and use of locks, seals and labels;
- represent the principal in the territory, making every effort to strictly comply with any reasonable specific instructions, including the application of the documentation and conditions of the principal;
- by agreement with the shipowner, they recommend and (or) appoint stevedores, watchmen, talmans, terminal operators, coastal carriers and suppliers;
- organize ground transportation, equipment rental with its acceptance into the system and subsequent return;
- ensure proper maintenance of financial documentation, preparation of financial reports, and a disbursement account for each flight and reporting period;
- organize public relations work (including advertising, press releases, waste schedules and other marketing materials) in accordance with the estimate agreed with the shipowner and at his expense;
- they organize the berthing of ships, loading and unloading of cargo in accordance with local customs and conditions.
The agent may withhold funds from the collected freight to cover past and current disbursement expenses, provided that cash flow reports are regularly provided to the principal. When performing his duties under the agreement, he is not liable to the shipowner for losses or damage caused by the bank, broker or other person to whom the agent has given instructions in good faith, except in cases where they arise as a result of the agent's deliberate negligence or omission.
When performing his duties, a maritime agent must take into account the requirements of the Civil Code of the Russian Federation, which excludes unilateral refusal to fulfill an obligation and unilateral change of its conditions, except in cases provided for by the KTM of the Russian Federation. Unilateral refusal of an agent to fulfill an obligation and unilateral modification of the terms of such an obligation are also allowed in cases stipulated by the agency agreement, unless otherwise follows from the KTM of the Russian Federation. At the same time, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the KTM of the Russian Federation, other legal acts, and in the absence of such conditions and requirements - in accordance with business practices or other commonly imposed requirements.