PART 5. GUIDELINES and COMPLEMENTARY INFORMATION

Part 5 of this FOM provides guidelines for UNJLC deployment and information on procedures and authorisations for transiting and importing goods in countries. Also the list of acronyms, aircraft performances and conversion tables is useful information while conducting field operations. Supporting information (including reference documents and forms) is available in Part 6. The table of contents in the FOM Introduction in Part 0 and the paragraphs below provide guidance for finding and using the appropriate information.

5.1. GUIDELINES on ACTIVATION, PROCEDURES and DOCUMENTS

5.1.1. GUIDELINES FOR INITIAL ACTIONS DURING UNJLC DEPLOYMENT

5.1.1.1. SUDDEN ONSET DISASTERS

• UNJLC can assist UNDAC with provision of logistics expertise for assessment and logistics movement coordination at the onset of the relief operation of a Sudden Onset Disaster. UNJLC is on the alert list of UNDAC and deployment is decided after mutual consultation. The aim is to deploy UNJLC experts as part of the UNDAC Team in potentially large-scale emergencies. In case of an extended relief operation with multi-sectoral involvement, the IASC/WG may decide to activate a fully fledged UNJLC. Due to early established relations with national/local authorities and international responders, the immediate presence of UNJLC experts in the UNDAC Team will contribute to greater efficiency of the subsequent UNJLC deployment. If the experts identify that there is no need for UNJLC involvement, they will terminate their mission with the withdrawal of the UNDAC Team.

• At the onset of the emergency, the UNJLC staff officer may have to cumulate the 2 functions of Movement Coordination and Logistics Information Management.

Information Management (IM) may include two pillars, Commodity Tracking and Logistics Movement Support information. At the onset of the emergency, the IM officer will:

• Before deploying, go to the checklist in Part 2.1. Particular attention should be paid to the ICT equipment, including availability of electronic maps of the area. Make sure to have the most recent copy of the FOM, which is available on <www.unjlc.info/fom/>

• Once deployed, the IM officer will be integrated in the OSOCC. Specific IM/OSOCC functions are described in the UNDAC Handbook, FOM 6.6.07.

• Oversee the logistics assessments and distribute the forms which are in FOM 6.1.02.

• Compile and analyse logistics information and provide inputs to the GIS Mapping element of the OSOCC. If the latter is not available, the Core UNJLC GIS officer in Rome may provide mapping assistance.

• Publish/distribute formats to the humanitarian relief agencies for inventorying/tracking essential relief items and unsolicited commodities using Logistics Support System (LSS) – More information will be made available once the LSS software has been fully tested and accepted.

• Publish logistics information on http://www.reliefweb.int/virtualosocc/login.asp and/or on the relevant page of <www.unjlc.org>

The UNJLC Logistics officer will be the focal point within the OSOCC to coordinate logistics movements during the early stages of the relief phase. The Logistics Movement Coordinator will:

• Before deploying, go to the checklist in Part 2.1.

• Upon arrival in the disaster area, establish logistics cell within the OSOCC

• Obtain an overview of the logistics situation through the various available national, UN and NGO sources. Determine entry points, airfields, bottlenecks, road/railroad conditions, transport requirements, warehouse capacity, etc. Request logistics assessments as required by using the forms in FOM 6.1.02.

• Advice on the most cost-effective mode of transport.

• Acquire and provide information to avoid inflation of commercial transport rates.

• Inquire on procedures to use MCDA, such as outlined in FOM 6.4.06

• Inquire on border crossing procedures and facilitation measures as outlined in FOM 6.3.01 and 6.3.03.

• Inquire on availability of gas oil, gasoline and Jet 1 aviation fuel. If required, propose actions to re-establish fuel provision for humanitarian assistance.

• If required, establish system to allocate trucks which are made available by the government and/or donors for common use.

• In case of flooding, establish system to allocate boats which are made available by the government and/or donors for common use.

• Assist in CMCoord Activities at operational level.

• Organise logistics coordination meetings with the operational humanitarian organisations.

• In case of intensive air operations, establish a dedicated Air Movement Coordination Cell. Depending on the intensity of the air operations, the Air Cell may be put in charge of both, de-confliction at the airport of entry and management of air assets for regional/local flights.

• The de-confliction function will include the establishment of a system and procedures for allocating slot times at the airport of entry and calling upon technical teams to assist in downloading and dispatching of aircraft.

• The Air Coordination Cell (ACC) will act as described in Paragraph 3.4.1.and will inform all organisations which are planning flights into the airport of entry of the procedures to request slot times. A sample of such request form is at FOM 6.2.08.

• The ACC will make a summary of all requests on a daily basis, prioritise the requests and forward to the slot allocation authority.A sample of such summary sheet is at FOM 6.2.24. The slot allocation authority will be assigned by the LEMA and might be the CAA and/or local ATC. After approval, the ACC will inform all concerned of the slot designation. If necessary, instructions will be drafted to impose specific procedures for arrival/departure at the relevant airport(s). A sample of such procedures is at FOM 6.2.13.

• In case of substantial regional airlift, the LEMA may appoint the UNJLC to manage the assets which are appointed for common use. The UNJLC officer will establish a system and procedures as outlined in paragraph 3.4.3.

5.1.1.2. SLOW ONSET DISASTERS OR COMPLEX EMERGENCIES

• The activation process is laid down in Annex D of the Concept. If a Deployment Requirements Assessment (DRA) Team is sent to the crisis area, its report should cover the items outlined in FOM 2.2.1 . General guidance for collecting logistics data is also in Part 2.2 . Infrastructure Assessments will be made in accordance with the formats at FOM 6.1.02 .

• At the start of the activation phase, the Chief UNJLC, in co-ordination with the Lead Co-ordinating Agency, will decide what equipment is required to set up the UNJLC. The contents of the Flyaway Kit (FAK) is described in FOM 6.1.04 .

• The major steps to activate the UNJLC are described in the TOR of the Chief UNJLC in Part 2.3 of the FOM.

• The UNJLC structure will depend on the magnitude and type of emergency and on the agreed functions of the UNJLC. A generic model of the reporting structure is In FOM 6.1.08, the generic structure is at 6.1.06.

• One of the first actions of Chief UNJLC will be to draft the UNJLC TOR of the UNJLC. A generic format is at FOM 6.1.05.

• TOR of individual staff members can be based on the descriptions of their respective functions at FOM Part 2 and Part 3 (Air).

• Staff members will be recruited in accordance with the procedures and agreements that are established by the Custodian agency (WFP). Qualification requirements are at FOM 6.7.

• For managing a common humanitarian air service, the Agencies should agree on the mandate and the structure established in accordance with the guidelines in Part 3. It is recommended to create a Users Group Committee (UGC). Model TORs are at FOM 6.2.09.

• Normally, WFP will be charged with contracting transport assets. Nevertheless, UNJLC could be charged with drafting contract terms and conditions. Models of charter contracts/agreements are at FOM 6.2.01 (Commercial) and 6.2.02 . (Military). A model ground transport contract is at FOM 6.3.07.

• Use of MCDA for interagency services, should, in the first stage be approved by the Humanitarian Coordinator, but UNJLC may have to formulate the request to OCHA/MCDU Geneva for further action. If the MCDA is related to air transport, WFP will sign the agreement with the relevant government.

• If the UNCT expresses the requirement for establishing an air service, the UNJLC will take the necessary steps to invite WFP for activating a Humanitarian Air Service. As soo as established, HAS should produce guidelines and procedures for both Beneficiaries and Operators. A model format for Standard Administrative and Operating Procedures (SAOP) is at FOM 6.2.04 . In any case, transport request forms have to be published. Samples are at FOM 6.2.05 , 6.2.06 . and 6.2.07 . UNJLC will publish these forms on its website.

• If working in a complex environment, the UNJLC may have to produce Special Instructions for Aircrew (SPINS) in coordination with the military authorities. A typical format is at FOM 6.2.13 .

5.1.2. GUIDELINES FOR UNJLC OPERATIONS & USE OF FORMS

a. Introduction

This section provides guidelines on procedures and authorisations required for importing and transporting goods into countries. It also describes the documents required for obtaining these authorisations. During an operation, additional legal forms and documents will be required in order to comply with international regulations.

Some of these forms are standardised international documents. Others are self-made formats recommended for use in UNJLC operations. Chief UNJLC is authorised to modify the latter as required. Although most international formats are standardised (and hence non-negotiable) it is possible that some States may ask for specific documents and clearances not described in this FOM. One of the UNJLC's first tasks will be to identify local procedures and facilitation measures for importing humanitarian goods and moving them within the country.

b. Seaport Procedures

Ports normally have all necessary facilities for handling ships, carrying out customs inspections and storage of cargo. They also possess the necessary equipment and machinery for carrying out loading and unloading operations. Nowadays, with the increasing use of modern transport technology such as containerization, cargo often moves inter-modally through a port. The port's functions then become mainly limited to transit operations whereby cargo moving in unitized form does not have to be packed or unpacked at the port.

The main formalities connected with the handling of goods by port authorities in the export or import trade are as follows:

• Before any cargo is landed, a copy of the cargo manifest must be delivered to the port authorities.

• When cargo is discharged from the ship, it must be tallied.

• The out-turn report, which is prepared on the basis of such tally, is compared with the vessel's import general manifest to ascertain whether the full manifested cargo has been discharged. There may be short-landed or over-landed cargo.

• Wharfage at the prescribed rates is levied on all goods landed and shipped.

• Goods not removed from the custody of the port authorities within the free storage period allowed are charged rent at the prescribed rate.

• Rent may be waived or reduced under the following circumstances.

• After the expiry of "free time" rent is charged at prescribed rates on cargo that may ultimately be sold at public auction.

• Rent is charged on any un-manifested cargo not removed within the prescribed time after delivery of the "Out-Turn Report".

• However, in the case of goods landed in a damaged condition for which a claim is made against the carrier, some extension of free time may be allowed to enable a survey of the damaged cargo to be made.

• A similar concession may also be permitted in the case of goods damaged subsequent to landing and for which an "Application for Survey" has been received by the port authorities.

• No rent is charged on goods detained by the Customs authorities for special examination, chemical tests, etc.

• No rent is charged when removal of goods is delayed due to no fault or negligence on the part of the importers.

• Areas used for the landing and storage of imported goods must be declared as Customs Areas under a Customs Act.

• The discharge of some hazardous cargo may be permitted only in mid-stream into barges, or at berths or anchorages specially reserved for that purpose. If necessary, such cargo must be stored in specially designated areas.

• Examination of cargo by Customs will be permitted only if the consignee or clearing agent produces to the port authorities the delivery order issued by the shipping agent together with the Bill of Entry prepared on behalf of the consignee.

• In the case of containerized cargo, containers may be unstuffed in the port area before the cargo is presented for examination by Customs. Alternatively, containers may be taken to an inland container depot, or warehouse, or factory of the consignee where they are unstuffed and delivered to the consignee after completing Customs formalities.

• Carting or transporting of export cargo, if it is Break Bulk, is permitted at the berth where the ship is ready to load. In the case of containerized cargo, carting is permitted to the location assigned to the shipping line by the port authority.

• Like imports, exports attract demurrage after the expiry of free time but port authorities sometimes waive this charge in the case of special cargo. Ports may defer acceptance of export cargo if there is a delay in the arrival of the vessel.

• When export cargo is taken to an inland clearance depot, Customs formalities are completed there and the cargo is stuffed into containers, which are then brought to the port for direct loading onto the ship. The same procedure may also be followed if containers are stuffed at the factory or warehouse of the shipper.

c. Airport Procedures

Many airports provide a full range of services to aircraft operators and ground handling agents to facilitate all aspects of air cargo operations. Typically, airport authorities designate specific areas - including office and/or warehouse space - for use by aircraft operators, handling agents and freight forwarders. In order to offer such services, airports not only need to have the necessary facilities for aircraft maintenance and cargo handling but must also provide infrastructure for receiving different types of surface transport (e.g. road and rail).

In addition to these services, airports normally provide secure storage for cargo ranging from perishables and general freight to high-value goods. Major international airports also provide facilities for Customs authorities to enable the examination of cargo and collection of duties, taxes and other levies. The main formalities connected with the handling of export/import cargo by airport authorities are as follows:

• The original copy of the cargo manifest should accompany the cargo. This document must be produced to Customs. A copy should subsequently be given to the airport authorities if required.

• After cargo is unloaded from the aircraft, tallying is carried out by the airline staff or handling agent. The out-turn report prepared on the basis of this tally is then compared with the airline's manifest to ascertain whether the full manifested cargo has been discharged. Cargo may be either short- landed or over-landed.

• A terminal charge at the prescribed rate is levied on all goods landed and shipped.

• Rent may be levied or waived as follows:

• Rent will be levied on goods not removed from the custody of airport authorities within the permitted free storage period, even if this cargo is ultimately sold by public auction.

• Rent will be charged on any un-manifested cargo not removed within the prescribed time after delivery of the out-turn report.

• Charges may be waived on goods detained by Customs for special examination.

• Locations used for the unloading and storage of imported goods must be designated as Customs Areas under a Customs Act.

• Storage of hazardous cargo will be permitted only in locations specially designated for that purpose.

• Examination of cargo by Customs is permitted only if the consignee or appointed agent produces to the airport authorities or handling agent the delivery order issued by the airline or airline's agents, together with the import declaration prepared on behalf of the consignee.

• Containerized loads may be unstuffed at the airport before being presented for Customs examination. Alternatively, they may be taken to an inland container depot or warehouse nominated by the consignee where they are unstuffed and cleared by Customs prior to delivery to the consignee.

• Cargo destined for export may be cleared by Customs and stuffed into containers at the shipper's factory, warehouse or designated inland depot. The containers are then taken to the airfield for direct loading onto the aircraft.

• Larger airports usually provide facilities inside designated Customs Areas for transit cargo to be de-consolidated and consolidated with local export cargo.

d. Customs Law and Regulations (Ships)

Basic Customs laws or regulations applicable to the arrival and departure of ships and to imported or exported goods are more or less the same in most countries, although they may differ in procedural and documentary details. Several countries have enacted strict legislation for controlling and regulating imports and exports. Rules or regulations issued under such legislation will also have to be followed in obtaining Customs clearances. Essentially, imports/exports and vessels carrying such goods are subject to the following procedures:-

• The main arrival formalities are as follows:

• A vessel entering a country from overseas must use a designated Customs Port as its first port of call.

• A vessel can start unloading goods only after Customs have granted the necessary permit (called "Entry Inwards") following submission by the Master or Shipping Agent of an "Import Manifest" containing particulars of the cargo on board in the prescribed format.

• The import manifest must be accompanied by other documents as may be required such as:

• Certificates of load line.

• Safety certificates for radiotelegraphy.

• Certificate of registration.

• Port clearance from previous port of call.

• Crew list.

• Stores list.

• Declaration of personal property of officers and crew.

• In some countries, Customs authorities will accept the cargo manifest even before the arrival of the vessel under the so-called "pre-entry" procedure, final "Entry Inwards" being granted after the vessel has berthed.

• Customs clearance:

(1) All imported cargo must be landed at a designated Customs port and should not be removed from Customs control without written permission of the Customs authorities.

(2) Before permission is given to remove goods from Customs control, the owner or agent is required to submit a Bill of Entry, Customs Declaration or Inward Permit, as may be required by law, in the prescribed form to enable Customs authorities to examine the goods. The Bill of Entry includes details such as value, quantity, description of goods, name of vessel, port of shipment, and such other particulars as may be prescribed by the Customs authorities. These particulars must tally with those contained in the relevant import manifest.

(3) The Bill of Entry must be accompanied by all supporting documents required by Customs such as invoices, import licenses, certificates of origin, bills of lading and marine insurance certificates. When goods are destined for warehousing, application for permission to warehouse those goods and a bond must accompany the Bill of Entry.

(4) Customs authorities are empowered to examine all imported goods. The examination may be physical (visual inspection, counting, weighing, measuring, chemical test, etc.) or documentary (involving examination of relevant documents such as invoices, bankers' notes, insurance policies and forms listing the quantity and description of goods).

(5) If goods are dutiable, Customs tariffs must either be paid at the time or the importer must give a bond to guarantee payment of the duty.

(6) If goods are not removed within the prescribed period after the arrival of the importing vessel, they are liable to be sold at public auction by the port authorities who will recover from the sale proceeds all charges due to them, including Customs duty.

(7) Customs authorities are entitled to recover from the importer any shortfall in duty levied or erroneous refund of Customs duty, in accordance with prescribed procedures.

(8) In cases where import licenses are required, Customs authorities will check the legality of the imported goods against those licenses.

• Departure Formalities

• Export goods can be loaded onto a vessel only after the necessary permit "Entry Outwards" has been issued by Customs, and after documents duly endorsed by Customs have been delivered by the exporters to the Master or person in charge of the ship.

• A vessel which has brought in imports or has loaded exports can leave the port only when written permission, known as "Port Clearance", is granted by the Customs authorities.

• Application for Port Clearance must be made in good time before planned departure. This application must be accompanied by the Export Manifest showing particulars of the cargo loaded and such other documents as may be required by Customs. Examples include the vessel's certificate of registration, load line certificate, safety certificates for radio telegraphy and safety equipment, inward clearance certificate, income tax clearance certificate (if proceeding to a foreign port with export cargo) and certificate of payment of all dues issued by the port authority.

• In many countries, most goods are freely exportable. Only a limited number of specified items or commodities are subject to export control.

e. Required Documents (General)

• Introduction

In the field of freight forwarding, there is no international uniformity of documents or documentary procedures. Nevertheless, efforts have been made by the International Federation of Freight Forwarders (FIATA) to promote the use of standardised freight forwarding documents and thereby improve professional standards. FIATA has produced several documents which correspond with layouts used by the UN Economic Commission for Europe (ECE). In the air transport sector, ICAO and IATA recommend a series of standardised documents that are used in most countries. The use and application of air transport documents is described in FOM 3 and typical forms are at FOM 6.2. General documents usually adopted by national associations of freight forwarders for use by their members include:

• The Commercial Invoice

This is a document issued by the seller to the buyer of the goods. It is often used by Customs authorities at the destination to determine the true value of the goods on which duties will be assessed. It also serves as the basis for consular documentation.

Other documents to be signed by the shipper and handed over to the carrier include:

• Shipper's Declaration of Dangerous Goods

• Shipper's Certification for Live Animals

• Shipper's Certification for Arms and Ammunition

In addition, there may be other documents required by the Customs authorities of the exporting and importing countries which should be submitted with the Waybill.

• Documents Received From Customer

• FIATA Forwarding Instructions (FFI.)

The customer passes this document to the forwarder thereby establishing a forwarder-customer contractual relationship for provision of transport from place A to place B. The customer is expected to furnish all relevant particulars regarding the goods to be dispatched and to enclose such documents as may be required.

• FIATA Declaration for Transport of Dangerous Goods (SDT)

A shipper will complete, sign and hand this document to a forwarder whenever the transport of dangerous goods is involved. This document provides detailed information about the classification of dangerous goods according to regulations governing the transport of such goods. See format at FOM 6.2.11.

• Documents Issued To Customer

• FIATA Forwarder's Certificate of Receipt (FCR * )

This is an official acknowledgement of goods received by the forwarder. The forwarder assumes responsibility for the dispatch and delivery to the consignee named in the document. The FCR should be handed to the consignor (customer) immediately after the consignment is received by the forwarder.

• FIATA Combined Transport Bill of Lading (FBL * )

This is a through transport document used by international freight forwarders acting as combined transport or intermodal transport operators. The forwarder assumes responsibility not only for the performance of the contract but also for the acts and omissions of any third parties employed by him.

• FIATA Warehouse Receipt (FWR * )

A warehouse receipt for use in the forwarder's warehousing operations, subject to any national law and applicable standard trading conditions.

• House Bill of Lading/House Air Waybill

Usually applicable to consolidation services. The house Bill of Lading is issued in respect of sea freight while the house Air Waybill is issued in respect of airfreight (see FOM 6.2.12). There is no uniformity in the terms and conditions of these documents, which vary from forwarder to forwarder.

* While the FBL is a negotiable document, the FCR is not negotiable. The FWR is not negotiable unless marked otherwise. When a document is negotiable, it can be endorsed by the holder in favour of another party, thereby transferring his right to the goods referred to in the document.