BIFAlink is BIFA's monthly magazine covering issues of importance for the logistics and supply chain industry.
link April 2026 The magazine of the British International Freight Association
Implications of the Gulf war for your contracts INSIDE: US tariffs court ruling • The SAF surge • UK customs declarations • FMC tightens regulations • Impacts of EU ETS • BIFA Awards winners’ pro les
Follow us @BIFA
Issue: 428
Steve Parker’s Column
Addressing Middle East turmoil W ith April upon us, activity in the Middle East continues to dominate world news. Whilst BIFA and its Members are unable to influence any of the events, I know our industry is finding ways to keep freight flowing through the global supply chains that are being affected. BIFA is constantly thinking about the impact on our Members and what we can do to help. We also want to keep you up to date at our meetings, and with that in mind I want to remind you that Allie Renison from SEC Newgate is a guest speaker at our upcoming Business Leaders Forum on 12 May. Allie is currently in the US and has been attending meetings in Washington. Her latest updates will be worth hearing. Allie, along with other speakers, will give some important updates and bring strategic thinking for our industry. Let me just say we are almost fully booked, so please take this opportunity to register. Further information can be found on our website as well as the article on page 12. Whilst writing about opportunities to meet and network, I would like to remind you of our conference in September. I am very pleased that a number of Members have booked already and 95% of the bookings are from those who attended last year. Training Just recently we reached a milestone in our BIFA Bitesize eLearning when Hannah Verlaque, from Hellman Worldwide Logistics, completed the 10,000th course module and was presented with a certificate in recognition of the fact. April will see the launch of more modules in the BIFA Bitesize programme. I would just urge you to review all that this form of staff development has to offer by visiting the training area of the website. Representation We have used all of our communication channels and released BIFA TV episodes that address the many issues, as well as providing guidance on how the 2025 BIFA Standard Trading Conditions provide support during this time. In this issue there is an article that analyses the implications of the conflict on Members’ contractual arrangements. BIFA takes pride in being the voice of the UK’s international freight and logistics sector, but we also work with other trade associations to gather views from businesses and present the full picture to the UK government. We are doing this as part of the Alliance of Logistics Trade Associations (ALTA). Currently as a group, and individually, we are in direct contact with the government over its approach to ensuring supply chain resilience in light of the situation in the Middle East. We will maintain contact with government as the situation develops. If you have any information you would like to share about the impact of the conflict, we can pass it on to the relevant government departments, who will find it valuable. BIFA will also continue to work with ALTA to deliver a collective voice to government on the many issues facing companies involved in managing the UK international supply chains and cross border trade.
BIFAlink is the official magazine of the British International Freight Association Redfern House, Browells Lane, Feltham TW13 7EP Tel: 020 8844 2266 (A company limited by guarantee. Registered in England: 00391973. VAT Registration: 216476363) Director General Steve Parker s.parker@bifa.org Member Policy, Compliance & External Affairs Director Pawel Jarza p.jarza@bifa.org Member Support Director Spencer Stevenson s.stevenson@bifa.org Member Services Director Carl Hobbis c.hobbis@bifa.org Member Engagement Director Denise Hill d.hill@bifa.org Senior Policy Advisor – Ocean & Legal matters Robert Windsor r.windsor@bifa.org Policy & Compliance Advisor – Customs Igor Popovics i.popovics@bifa.org Policy & Compliance Advisor – Sustainable Logistics Jamie McKean j.mckean@bifa.org Head of Digital Communications & Events Dawn White d.white@bifa.org Communications Manager Natalie Pitts n.pitts@bifa.org Editorial Co-ordinator Sharon Hammond s.hammond@bifa.org Membership Supervisor Sarah Milton s.milton@bifa.org Web site: www.bifa.org E-mail: bifa@bifa.org Published by Park Lane Publishing peter@parklanepublishingltd.com Contributors Steve Parker, Robert Windsor, Spencer Stevenson, Carl Hobbis, Sharon Hammond, Igor Popovics, Denise Hill, Pawel Jarza, Natalie Pitts, Jamie McKean Note to media: If you wish to use items in this magazine that are older than one month, please contact the editorial co- ordinator to ensure that the item in question still reflects the current circumstances. Please be advised that BIFA DOES NOT OFFER LEGAL ADVICE. BIFA is not a law firm and the authors of this publication are not legally qualified and do not have any legal training. The guidance and assistance set out herein are based on BIFA’s own experience with the issues concerned and should not be in any circumstances regarded or relied upon as legal advice. It is strongly recommended that anyone considering further action based on the information contained in this publication should seek the advice of a qualified professional.
Director General
April 2026 | 3
www.bifa.org
Contents
IN THIS ISSUE Click on the page to see full story
Page 8 Thank you, Liverpool
Page 10 Another day, another US court judgment
Page 3 Addressing Middle East turmoil
Page 9 Police survey on threat to the supply chain
Page 12 Business Leaders Forum: The topics you selected
Page 17 Declaring goods without a customs declaration
Page 11 CNS: celebrating 40 years
Page 14 Implications of the Gulf war for your contracts
Page 19 A multilinguist with a deep passion for freight
Page 21 Impacts of EU ETS on the container market
Page 18 IFE delivers intricacy and consistency
Page 20 FMC tightens up fi ling regulations
Page 24 What is an ‘End of Voyage’ clause?
Page 28 Negotiable Cargo Documents
Page 22 Progress on dealing with fraudulent traders
Page 26 New offence: failure to prevent fraud
4 | April 2026
www.bifa.org
BIFA Website News
NEWS FROM THE BIFA WEBSITE – in case you missed them, recent news stories posted to the BIFA website can be accessed here. Click on the image for the full story
www.bifa.org
April 2026 | 5
Industry News
Ian Matheson , from Impress Communications, reviews some recent news that might impact on Members’ business. Don’t miss Ian’s weekly news round up on BIFA TV, which can be seen on our You Tube channel. Subscribe by scanning the QR code.
Containership orderbook continues to expand
consultant Aevean, said the air cargo market faces a year of major geopolitical challenges, but also key opportunities with the continued growth of high-
tech and e-commerce volumes. He provided a thorough overview of the
impact of the recent outbreak of war in the Middle East on the air cargo market and explained what has been happening to air cargo capacity in the region, and how airlines have been reacting. Most airfreight forwarders are facing operational disruption and rising costs due to the Middle East conflict, according to data from a survey conducted by the US Air Forwarders Association. It also highlighted widespread capacity constraints, rate volatility, flight cancellations, capacity constraints and longer transit times as the most common issues, alongside growing customer service pressures and space embargoes. OVERLAND The Railfreight.com website has reported that freight volumes on the China-Europe rail corridor rose sharply in January and February, with container traffic up 25% year- on-year and train trips increasing 32%. China Railway said 352,100 TEU was moved on the route in the first two months of 2026, compared with 281,000 TEU a year earlier. infrastructure announced by the UK government will give hauliers up to £81,000 off zero- emission trucks and discounts of £5,000 off e-vans. The zero- emissions truck and van grants and the depot charging scheme aim to overcome two of the biggest hurdles facing operators: upfront costs and access to charging. It will cover up to 70% of the cost when installing charging infrastructure for fleet vehicles. A £1 billion investment in electric HGVs and
ON THE OCEAN BIMCO has announced that despite increasing trade policy uncertainty and falling freight rates, the containership orderbook has continued to expand and now totals more
IN THE SHORT SEA TRADES Plans for a direct ferry link between Scotland and mainland Europe have moved forward after the UK government committed £3 million to upgrade infrastructure at the port of Rosyth. The investment is conditional on a commercial agreement between port operator Forth Ports and a ferry operator, possibly DFDS, as well as approval of a business case. IN THE AIR A new UL Standards & Engagement (ULSE) report has highlighted an increase in the number of lithium-ion battery incidents in air cargo as a result of the growth of e-commerce demand, indicating a 40% increase in the number of thermal runaway incidents since 2021 (from 10 that year, to 14 last year). ULSE added that the increase reflects identifiable gaps in battery quality, shipper awareness, regulatory oversight and supply chain accountability. These are all systemic weaknesses that can and must be better addressed to reverse this troubling trend. E-commerce faced a rocky regulatory road in 2025, but IATA believes there is still scope for the vertical to drive air cargo demand growth, despite challenges that include a global crackdown on import rules. It said e-commerce will be a significant contributor to global air cargo volumes in 2026, which it predicts will grow by around 2.4%, reaching over 71.6 million tons. Speaking at the IATA World Cargo Symposium, Marco Bloemen, managing director of
proposed Maritime Action Plan (MAP) has resurrected a controversial proposal to charge foreign - built ships a per - kilogramme fee on imported cargo. On 23 March, the US Federal Maritime Commission unanimously rejected separate requests by CMA CGM, Hapag- Lloyd, Maersk and Zim for special permission to waive a 30-day notice period to implement surcharges tied to the war in the Middle East. This forced the four to wait until early April to charge their shipper customers.
than 1,350 ships with a combined capacity of 11.8 million TEU.
The International Chamber of Shipping has cautioned Washington over its plans to revitalise domestic shipbuilding by charging foreign-built vessels higher port fees. The Trump administration’s long - awaited
Dedicated & semi-express van services to and from Europe Including end-to-end customs clearance
Birmingham: 0121 782 4444 hello@simpex.co.uk
Leeds: 0113 3970 460 leeds@simpex.co.uk
simpex.co.uk
6 | April 2026
www.bifa.org
agency sector management
Outstanding customs and freight management software for freight forwarders. Backed by unrivalled support. Promoting your views and protecting your interests with government and industry. All this, owned by you. Be part of something bigger
.
Air ▪ Ocean ▪ Road ▪ Imports ▪ Exports ▪ C ustoms declarations ▪ Worksheet automation Customs eTariff ▪ CFSP management ▪ Customs Warehousing ▪ Duty management Transit (NCTS) management ▪ Transit (CT) Guarantee management ▪ ICS2 ▪ Safety & Security (GB) ▪ Import ETSF management ▪ Export DEP management ▪ Job costing and invoicing ▪ Purchase invoice reconciliation ▪ Air waybills and eAWB ▪ Bills of lading ▪ Barcoded cargo labels ▪ Consignment security declarations ▪ Collection and Delivery notes ▪ Consolidation management and Manifests ▪ eDocument management ▪ Archiving ▪ Limitless integration ▪ Limitless automation
asm (uk) ltd @asmukltd
www.asm.org.uk admin@asm.org.uk service desk
BIFA News
Notice of Annual General Meeting Notice is hereby given that the 37th Annual General Meeting of the British International Freight Association (BIFA) will be held at 13:50 hrs on Tuesday 12 May 2026 at etc venues Monument, 8 Eastcheap, London EC3M 1AE in order to: 1. Receive the report of the board of directors. 2. Receive the accounts for the year ended 31 December 2025 and the report of the auditors thereon. 3. Appoint auditors and authorise the board to fix their remuneration. 4. In accordance with the Association’s articles to note and approve the election of officers of the Association. 5. Transact any other business which may properly be transacted at an Annual General Meeting.
Thank you, Liverpool: £9,285 raised for charities
Since the days of the Institute of Freight
Forwarders, the forwarding community in Liverpool has held the annual charity dinner and Friday 20 March 2026 saw over 280 people enjoy the latest event The 2026 BIFA Liverpool Region Annual Dinner was jointly hosted by BIFA National Chair Keith Baguley of ACL, and BIFA Liverpool Regional Chair Karol Lima of Paltank, bringing together Members and their guests from across the region and the country. The event took place at the Hilton Liverpool City Centre where guests enjoyed the soothing sounds of Maxine Molin’s harp during arrival drinks, a three-course meal and fundraising activities for Liverpool Zoe’s Place and the
Steve Parker Director General March 2026
Clatterbridge Cancer Charity. The evening was rounded off by local comedian John Martin, followed by dancing until midnight to the DJ and saxophonist. The fantastic sum of £9,285 was raised on the night, which will be shared by the two charities. BIFA would like to express its thanks to the following
companies who supported the event with sponsorship and auction donations: ACL, Cardinal Global Logistics, Genco Logistics, Hapag-Lloyd, Palletways and Unsworth. Thanks also go to those who attended on the night and to everyone who contributed to the success of the event. The full photo gallery of the event can be viewed here .
A BIFA Member may nominate an attendee although there will be a limit on numbers once a quorum is achieved. Please email s.parker@bifa.org Note: Any Member entitled to vote at the above meeting may appoint a proxy to vote on a poll in his stead. A proxy need not be a Member of the Association. A form of proxy is available from Sharon Hammond (s.hammond@bifa.org)
8 | April 2026
www.bifa.org
Industry News
Police survey on threat posed to the supply chain
Digital dangerous goods declarations Following successful trials in Japan last year, the International Air Transport Association (IATA) has announced the launch of DG Digital, its digital dangerous goods declaration solution, as a feature of DG AutoCheck. The trial included All Nippon Airways (ANA), Japan Airlines (JAL) and six freight forwarders— International Cargo Service, JAS Forwarding Japan, MOL Logistics, Nippon Express, Nissin and Yusen Logistics. Significant growth in dangerous goods shipments has been recorded, with data from IATA CargoIS showing a 17.5% year-on-year increase for the full year 2025, largely driven by the growing demand for lithium batteries. Currently, 95% of Dangerous Goods Declarations are still received in paper format but DG Digital can fully digitalise the creation and approval of shippers’ declarations for more than 3,800 dangerous items – from lithium batteries to explosives and chemicals – resulting in faster document sharing, improved safety and a significant reduction in rejected shipments. For further information, visit DG AutoCheck.
BIFA has been working for a number of years to highlight the threat posed by crime to international supply chains, supporting many police initiatives, most notably sponsing the National Vehicle Crime Intelligence Service (NaVCIS), which co- ordinates the reporting and investigation of vehicle related crime. Recently, BIFA has commenced working with Opal, the police national intelligence unit focused on combating serious organised acquisitive crime (SOAC) where there is a series of offences impacting on two or more police force areas, including Scotland and Northern Ireland.
To develop effective solutions, the police need information about such crimes impacting Members. The police wish to use this information to understand the current situation, develop strategies to combat crime in intention of disrupting and preventing criminal activity. Opal is surveying the UK freight forwarding and transport sector to gain an the future and to target criminal gangs with the
accurate picture of the current situation. BIFA sees this as a positive first step and encourages all Members who have been victims of crime to complete the survey. The survey can be accessed via the following link, Supply Chain Information Survey – Fill in. We would encourage as many Members as possible to complete it by the cut-off date of 19 April 2026.
TT Club issues STC incorporation reminder
With both BIFA and the RHA issuing new Standard Trading Conditions in 2025 and 2026, the TT Club has reminded readers of their signi fi cance and the importance of incorporation. Standard trading conditions
(STC) in transport and logistics contracts are vital to protect the interests of both parties if something goes wrong. But too often they are not properly incorporated into contracts, which can expose operators to large uninsured liabilities if cargo is lost or damaged. The advice from the TT Club is available here , with guidance on the importance of STC, how to incorporate STC and pitfalls to avoid. The Limits of Liability for Carriers
In association with
By sea – Hague Visby rules (2 SDR): £2.04 per kg £680.04 per package
By air – Warsaw Convention (17 SDR): £17.34 per kg
BIFA STC: (2 SDR): £2.04 per kg
By road – CMR (8.33 SDR): £8.50 per kg
Insurance for the Marine & Logistics industries
(The SDR rate on 23 March 2026,
By air – Montreal Convention (26 SDR): £26.52 per kg
according to the IMF website, was 1.02006)
+44 (0) 1628 532613
macbeths.co.uk
April 2026 | 9
www.bifa.org
Policy & Compliance
for a maximum period of 150 days. When merchandise is brought into the US, an importer pays an estimated amount at entry which is then finalised around 314 days later, a process known as liquidation. Eaton directed CBP to finalise the entry cost on shipments without the tariff being assessed, resulting in a refund. “Customs knows how to do this,” he told a court hearing, according to a recording on the court’s website. He said the agency should be able to programme its system to issue refunds, which are regularly issued when an importer overpays on an estimated duty. “They do it every day. They liquidate entries and make refunds,” he said. Refund process Once liquidated, importers have 180 days to formally contest the duties. After that window closes, the liquidation is legally final. The judge’s view was that the agency would have to recalculate the correct amount. Eaton said he did not want to have to hear each case. “We want to work out a method by which those importers can make a claim for duties that were unlawfully applied.” More than 300,000 importers paid the higher tariffs. The vast majority of importers are smaller businesses, who are hoping that customs officials adopt a simple, low-cost system to pay reimbursements. Many US importers had publicly stated that they might abandon their refund if they had to sue or go through a cumbersome customs administrative process. US court processes are complex and multi-layered, creating opportunities for delays. To date no refunds have been paid by the Customs & Border Protection (CBP) and there is the danger that the US government will appeal Eaton’s decision. Then there are additional questions to consider – who is entitled to keep the refunded duties? The importer or the final consumer? The reader should remember that using legal routes, the Administration is seeking to re- impose higher tariffs. It looks like the US import market will be disrupted for some time yet.
The US Supreme Court has ruled that President Trump’s tariffs have not been legal. But what happens next? Another day, another US court judgment
T he US Supreme Court ruled in March that President Trump could not use the International Emergency Economic Powers Act (IEEPA) to impose tariffs on US trading partners. The majority decision was that only Congress could impose such taxes. BIFA noted that the judgment made no reference to the need to repay the estimated $130 billion overpaid in tariffs, nor the procedure to be followed. Tariff refunds In a very significant development, federal judge Richard Eaton of the US Court of International Trade has potentially cleared the way for thousands of businesses to receive refunds for tariffs that the US Supreme Court struck down last month. The US Court of International Trade ordered Customs and Border Protection (CBP) to issue refunds for levies introduced last year by
President Donald Trump under the International Emergency Economic Powers Act. The court’s order does not explicitly lay out the refund process but instead applies to customs entries that are “unliquidated” – ie those that are pending – and those that are liquidated but not yet final. The order, issued as part of a tariff refund lawsuit, heard within a week of an air filtration product company filing the case, suggests that courts intend to move quickly on refunds after the Supreme Court’s six-to- three ruling finding that Trump had no authority to impose his emergency tariffs. Curiously the judgment also pointed out that the correct legislation the President should have used was Section 122. Under this previously unused legislation, the President has the authority to introduce temporary trade measures, including additional tariffs of up to 15% on imports, to protect the balance of payments of the US
“ To date no refunds have been paid by the CBP and there is the danger that the US government will appeal
Richard Eaton’s decision
10 | April 2026
www.bifa.org
Promotional Feature
CNS also delivered the first digital vehicle booking system for UK ports in 2002, at Southampton. Bradley continued: “The fourth wave is integration of customer systems with ours. We’re adding more ways for customers to do that – it improves efficiency, certainty, visibility and control.” Transformation CNS has weathered various storms since its inception. Brexit was just one of these, with CNS developing border management products to help clients navigate new requirements smoothly. The company has certainly kept pace with change, and its evolution shows no sign of stopping. “Now we’re in our 40th year, we’re in the process of developing a new platform,” Bradley revealed. “This will include more APIs so customers can integrate more. We’ve also expanded the breadth of services we offer to include integration of our Customs Management System with CCS UK, the electronic system that connects the UK air cargo community.” The biggest transformation for CNS and its clients is the increasing use of AI – whether internally within the business, incorporated into products as automation features for customers, or in terms of how customers interface with a solution such as those CNS provides. Bradley highlighted: “The key to doing something that gives you a successful transactional business outcome is to have high-quality data, all in one place. The role of CNS and other CSPs in the market will be to provide secure access to data, so customers can use AI to improve their business processes. “We also see the whole world of software changing with AI,” he continued. “Building an app can now take minutes or hours, rather than weeks or months, and there will be huge opportunities to develop software for particular niches.” Besides embracing AI, Bradley urged: “The freight industry must collaborate and innovate – in partnership with government – to make the border as simple as possible. CSPs and other stakeholders are best placed to do this; we shouldn’t expect the government to do it for us.”
CNS in the 1990s, when digitalisation was gathering momentum
CNS, developers of community and customs declaration software
CNS serves ports and the air express market
Founded in 1986, Community Network Services (CNS) has evolved through several decades of technological innovation, and has no intention of slowing down CNS: celebrating 40 years
“T he origins of the CSP [community system provider] sector go back over 40 years, when HMRC (then called Her Majesty’s Customs and Excise) began to computerise customs declarations,” explained CNS managing director Matthew Bradley. “Traders were allowed to input data directly into a secure government system, which was a real revolution.” Enter CNS, established to enable customers across the UK to connect to UK Customs, thereby streamlining the customs clearance process. Forty years later, and – particularly in the maritime market – there is practically no paper documentation in sight. Digitalisation Bradley observed: “The first wave of digitalisation was allowing companies to key their declarations directly into the government system. The second was the introduction of the digital manifest. Here, again, UK Customs was innovative in allowing commercial community systems to manage this process. Mutual trust between CSPs, customs and other agencies is fundamental to how
“ The key to doing something that gives you a successful transactional business outcome is to have high-quality data, all in one place – Matthew Bradley, CNS
Matthew Bradley, managing director
the system works.” The third wave of digitalisation occurred when the industry moved from using private networks to internet browsers, enabling transactions to be carried out (theoretically) anywhere in the world using a CSP’s system and providing greater flexibility for customers. “We web-enabled our mainframe Port Community System in the early 2000s and introduced Compass, a fully web- based port community system providing EDI, inventory control and connection to HMRC’s CHIEF system, in 2010,” Bradley said.
April 2026 | 11
www.bifa.org
Events
The topics you requested for the Business Leaders Forum
engagement, and the supportive role that BIFA Members can play. We will close with some blue-sky thinking, asking what the future of haulage could (and should) look like and the opportunities that lie ahead. Aart Hille Ris Lambers – Developments in the UK Deep Sea Market, a container terminal perspective In this session, Aart Hille Ris Lambers, vice president commercial, North Europe, for DP World, will cover the recent and expected future developments of the UK container terminals and the global container shipping lines. How do we see the total market developing, what are the competitive developments we foresee for different ports, what is happening with vessel supply and sizes and how are UK terminals competing with the main continental terminals? Are any more black swan events expected?
With the sixth Business Leaders Forum event just over a month away, BIFA has released details of the speaker line-up
L imited tickets now remain for the BIFA Business Leaders Forum on Tuesday 12 May in central London – book now to secure your place. Over the past three years, the Business Leader events have heard from a wide range of speakers on a number of topics relevant to BIFA Members. Each time an event is planned, Members are encouraged to suggest topics of interest and to influence the agenda – after all, BIFA is your organisation and exists to serve your needs. Joining BIFA director general, Steve Parker, at the lectern this time will be: Jane Williams – Employment Rights Bill With the Employment Rights Act 2025 recently established, employment solicitor Jane Williams will look at the key changes that need to be considered by our business leaders, along with the timelines when critical policy changes come into force. Jane Williams is the owner of JW becoming a solicitor in 1995. Jane has advised many companies in the freight forwarding and logistics sector. Employment Law and has specialised in the field since Richard Smith – UK Haulage: The Road Ahead The UK road haulage sector is changing fast – and the numbers tell a powerful story. Richard Smith from the Road Haulage Association will break down what’s happening on the ground, the action being taken through government
Jane Williams
Richard Smith
Richard Lennard – London Gatwick: Driving Economic Growth
With 43 million annual passengers, London Gatwick is a vital piece of national infrastructure that drives both the national and regional economies. Growth plans will increase capacity by bringing the existing Northern Runway into routine use. Richard Lennard, economic partnerships manager for London Gatwick Airport, works with stakeholders to ensure that the airport is a partner and advocate for a thriving resilient economy. To reserve your place at the BUSINESS LEADERS FORUM , Register Here
“ Members are encouraged to suggest topics of interest and to in fl uence the agenda – after all, BIFA is your organisation and exists to serve your needs
Aart Hille Ris Lambers
Richard Lennard
12 | April 2026
www.bifa.org
Policy & Compliance
Implications of the Gulf war for your contracts
An update on the contractual considerations stemming from the current con fl ict in the Middle East
T he current con fl ict in parts of the Middle East continues to present a complex and uncertain backdrop for maritime and port operations, with the potential for rapid change. Shipping lines, ports and freight forwarders fi nd themselves navigating a range of operational, contractual, safety and liability challenges arising from broader geopolitical circumstances beyond their control. This guidance is intended to assist Members in understanding the key risk considerations and risk mitigation steps to take in the current situation. This document covers relatively dry commercial and procedural issues, but the human cost to seafarers, shore-based personnel and the wider civilian population must be considered. Contractual implications The ongoing conflict is likely to give rise to contractual issues; shipping lines are having to make difficult decisions in a changing situation over which they have no control. We are seeing ships diverted, trapped in the Arabian Gulf, the main conflict zone, or in some cases offloading cargo at ports other than the intended final destination. In all cases they will be relying on the clauses contained within international conventions or their own trading conditions. BIFA Members trading under either the 2021 or 2025 edition of the BIFA Standard Trading Conditions (STC), where incorporated in the forwarding contracts with clients, have levers with which to protect themselves whether acting as agent or principal. All guidance in this document is given on the basis of the 2025 edition, which is the current edition. Clauses 4, 5 and 6 are often overlooked but, in the current situation, are important. They state that the Member, dependent on circumstance, can act as either agent or principal. However, in general terms the Member has the liberty to contract on “any terms whatsoever” for all or part of the
service. Effectively this is a contractual chain, between the Member and its customer: the customer permits the Member to then contract on its behalf with the carrier on its (the carrier’s) terms or the relevant international convention. Current crisis In this situation, disruption and delays are inevitable. In addition, the slow return of vessels using the Red Sea/Suez Canal transit seems to have halted, with vessels diverting back to using the Cape of Good Hope. Given the mixed destinations for cargo on board a particular vessel, some delay is to be anticipated as alternative berths are found to offload cargo destined for ports either closed or under threat. Key points for consideration • Review and, where necessary, strengthen procedures to incorporate the BIFA STC in all forwarding contracts. • Ensure that you familiarise yourselves with key clauses (covered below). • Avoid offering firm guarantees or inflexible service delivery commitments during periods that may be affected by rapidly evolving geopolitical developments. • Potentially remind buyers and sellers that losses arising from war-related events, such as delays to
“ Shipping lines are having to make difficult
decisions in a changing situation over which they have no control
14 | April 2026
www.bifa.org
Policy & Compliance
situations where customers have cancelled previously booked consignments and carriers and overseas agents have charged the Member for cancelling the booking, with the customer declining to pay. The STC do cover this situation, providing the levers to secure recovery of outlayed costs, but a disclaimer on all communications covering liability for loss, delays and cancelled bookings in the current situation is recommended. The specific issue of ‘End of Voyage’ clause The specific issues relating to these clauses are dealt with on page 24 in the article entitled What is an ‘End of Voyage’ Clause? Key clauses within BIFA STC We have already touched on the clauses covering the Member acting as either agent or principal. The first and perhaps the most important clause is Clause 20(A) – the ‘Indemnity Clause’ under which the customer indemnifies the Member for “all charges, costs and expenses... arising out of the company (Member) acting in accordance with or in connection with the customer’s instructions”. Regarding delays, Clause 25 states: “Unless it is expressly agreed in writing that the provisions of this clause 25 shall not apply, the company has no liability for a failure to adhere to agreed departure or arrival dates of goods, regardless of the cause.” It should be noted that Clause 26 (B) places a limit on the liability of “twice the amount of the company’s charges in respect of the relevant carriage”. Regarding consequential loss, Clause 26 (C) states that the company does not have a liability for direct or indirect losses “or the consequences of delay or deviation, or for any other indirect loss or for consequential loss”. One incorrect assumption that many shippers make is that freight forwarders automatically insure goods – they DO NOT. Clause 11 clearly states: “No insurance of the goods will be arranged by the company unless clearly stated instructions are given in writing by the customer and accepted by the company.” Clause 26 (A) details that for loss or damage the Members liability is limited to 2 SDR per kilo. All documents relating to the 2025 edition of the BIFA STC can be viewed at https://bifa.org/information- guidance/trading-conditions/bifa-standard-trading-c onditions-2025/ Please note that this is general industry guidance based upon issues Members have brought to BIFA’s attention. It does not constitute legal advice. Where a Member has a specific legal issue, they must seek the advice of a suitably qualified solicitor. NB: Information is correct as of publication date – but the reader should check that events have not rendered part or all of the guidance out of date. Please note that this article is general industry information and not legal advice, which can only be provided by a suitably qualified legal expert.
cargo movements which could lead to shortages and also consequential loss, are often not recoverable. Consider implications of the ‘Merchant Clause’. • Members should emphasise to customers that goods are not automatically insured by them (Clause 11) and that they trade under limited liability (Clause 26). • Prepare for increased security requirements under the ISPS Code, including potential access restrictions, operational disruption and compliance obligations. • Liaise with shipping lines to establish the impact on their services, particularly surcharges, delays, etc. • Discuss with insurers the impact of the situation on both marine insurance and freight forwarder liability policies. • Maintain clear records of all conversations and confirm by e-mail as a record of mitigation activities. • Recovery of outlay of costs when a booking is cancelled by the customer. We have heard of
“ In this situation disruption and delays are inevitable
April 2026 | 15
www.bifa.org
30 June - 2 July 2026 NEC Birmingham UK
Multimodal: The Sustainable Transport, Logistics and Supply Chain Management Event for Cargo Owners
Celebrating 19 years of providing shippers and cargo owners with solutions to optimise their supply chains by improving efficiencies and sustainability goals
Free to attend
300 Exhibitors 60+ Conferences Digital sessions from Google Networking Drinks Party
In 2026, Multimodal joins forces with Warehouse., Yard., eDX and Road Transport Expo to create the UK’s most powerful logistics event in one place. Visitors will benefit from more exhibitors, more solutions and extended networking across the entire supply chain.
Register free
Supported by
Policy & Compliance
Declaring goods that arrive in the UK without a customs declaration
It is envisioned that HMRC will allow traders to submit a new customs declaration speci fi cally intended to disclose the arrival of undeclared goods
U nder UK customs legislation, goods that arrive in the country without a valid customs declaration are technically liable to forfeiture. The legal basis for this position is found in the Taxation (Cross- border Trade) Act 2018 (TCTA), which sets out the framework governing the importation of goods into the UK following the country’s departure from the EU. In strictly legal terms, according to TCTA Schedule 1, Paragraph 1, where goods are imported without being declared or presented to customs, they are considered to have been imported non- compliantly and therefore are subject to seizure. New reality Following the UK’s departure from the EU, the new reality of the border crossing occasionally led to situations where goods arrived in the UK without a declaration submitted in advance. Recognising the operational challenges during the early stages of the new regime, HM Revenue & Customs (HMRC) introduced a temporary facilitation laid out in a Customs Information Paper (CIP 1). This measure allowed traders to submit delayed customs declarations for goods that had already arrived in the UK without a declaration. Importantly, the policy provided a window of up to 175 days in which traders could regularise their position by submitting the required customs declaration retrospectively. When the facilitation provided by CIP 1 came to an end, the legal position reverted to the default set out in the TCTA, namely that goods arriving without a declaration are technically liable to forfeiture. In
practice, this created a difficult position for traders and intermediaries who identified undeclared movements. In such circumstances, traders were advised to report the issue to HMRC and seek their instructions on further steps to take. Cases have been considered on a case- by-case basis, with HMRC assessing the circumstances and determining the appropriate course of action. However, this approach is far from ideal. It requires manual intervention by HMRC officers and can introduce delays and uncertainty for traders seeking to mitigate their customs position. For several years the trade community was asking for a more structured solution that would allow undeclared goods to be regularised in a quicker and more predictable manner. Potential solution Following the ongoing discussions with the industry, HMRC is developing a potential solution that will allow traders to make a voluntary disclosure for this type of shipment. Under this approach it is envisioned that traders will be able to submit a new customs
declaration specifically intended to disclose the arrival of undeclared goods. The declaration will include a specific Additional Information (AI) code indicating that the entry is being submitted as a disclosure for goods that have already arrived. This coding will enable HMRC systems to identify such submissions to process them appropriately. Key challenge One of the key challenges in developing this solution relates to the declaration of the ‘tax point’ date and the associated complexity in determining the applicable customs duty liabilities. Where goods are declared retrospectively, the process of determining the correct duty rates, exchange rates and other fiscal elements in a timely manner is one of the key issues that government officials must reach agreement on and explain clearly to traders. The relevant policy team within HMRC is currently working on detailed operational guidance to describe the new process. BIFA will closely monitor the developments and update Members as soon as further information becomes available.
“ One of the key challenges in developing this solution relates to the declaration of the ‘tax point’ date and the associated complexity in determining the applicable customs duty liabilities
April 2026 | 17
www.bifa.org
BIFA Awards
IFE impressed the judges with the large-scale white glove delivery service it provides for a luxury travel operator IFE delivers intricacy and consistency
Winning the 2025 Value Added Services BIFA Award , IFE Global Group
impressed the judges with the large-scale white glove delivery service it provides for a luxury travel operator
I FE’s work overseeing global freight forwarding and fi nal mile delivery for a luxury travel operator began at a UK Terminal and now covers 29 airports and ports globally. The client manufactures technology in the Far East, with each package specifically tailored for individual passengers. IFE not only ships and tracks each item via air and road, but also supports its client as bookings are finalised so that every passenger receives a personalised onboard experience. “The need to customise with passenger details dictates that we use air freight to move the packages,” explained Chris Darbin, IFE CEO. “People can book a trip at short notice, and passenger data is only confirmed three days before departure, so we also have machines on site at key locations to make last-minute changes.” ‘White glove’ service Furthermore, Darbin explained that rather than simply dropping off the packages at the kerbside for the client to fetch, IFE provides a ‘white glove’ service. “We bring the shipments inside the terminal, and unload and stage them for the customer,” he said. The precision and timeliness
required by this client, which must adhere to its schedule to avoid costly fines, are made possible by IFE’s ‘Control Tower UK’ concept. In a nutshell, Darbin said: “We track shipments with the airlines and haulage companies to make sure everything happens when it should, and for final delivery we issue drivers with a GPS tool for tracking. Plus, our warehouse processes are globally consistent. “Without the infrastructure that we have carefully created for our client, it would not be able to deliver the customer experience that sets it apart in its market,” Darbin affirmed. IFE is also working with the client to improve its supply chain and reduce its carbon footprint, he added. “We’re looking at all aspects including air freight, the power supply for the buildings that house the machines, the fuel the hauliers use and more.” A vital element in IFE’s success is
its recognition of the impact that working in the world of freight can have on individual employees as they strive to keep customers satisfied. Intricate and ever-changing As Darren Kavanagh, head of supply chain solutions, put it: “The client’s requirements are often intricate and ever-changing, which pressure. At times, it can be difficult to manage expectations on both sides – ensuring the client feels fully supported while also making sure the team doesn’t become overwhelmed.” Going into a little more detail with specific reference to its client, whose global operations across time zones can mean long days for IFE staff, Darbin added: “Our work for this client is very intricate and niche compared with what our industry typically does and we’re fortunate in that we have a young, energetic, enthusiastic team whose pushes us to stay flexible, innovative and calm under commitment is not in question – but still, we don’t want them to burn out.” recognising the team’s efforts are key to maintaining motivation and focus. Winning a BIFA Award is sure to have helped, too. Kavanagh said that open communication, trust and
Chris Darbin, IFE CEO: “We track shipments with the airlines and haulage companies to make sure everything happens when it should...”
Value Added Services Award
Menzies is a UK-based advisory and accountancy firm with 1100+ experts across 11 offices. Combining deep sector expertise with its ‘Brighter Thinking’ approach to deliver strategic, financial, and operational support to businesses, individuals, and not-for-profits locally and globally via HLB’s 157-country network.
18 | April 2026
www.bifa.org
BIFA Awards
A multilinguist with a deep passion for freight
implementation of a new software system for the export and transit departments at Avocet Clearance – including testing the system, training colleagues and creating quick- reference guides to help them adapt. Veronika was promoted from customs broker to export supervisor in January 2026. She teaches interns and new starters the processes, which can be client- speci fi c and quite specialised. “I take real satisfaction in being able to share my knowledge and see others progress,” she said. Her priority for now is to settle into the role of export supervisor; later on, she would like to progress into a senior freight forwarding or operations role and continue to mentor new team members. Solving problems Describing freight as a career, Veronika said: “When I fi rst entered this industry, I had no previous experience, but I quickly realised how much I enjoyed the work. “Over time, that curiosity turned into genuine passion. I love the pace of the environment, the teamwork involved, and especially the satisfaction of solving problems. There is nothing more rewarding than fi nding a solution to a complex issue or seeing a shipment through to its successful completion.” But she is well aware of the need to manage the pressures of the job. “You need to switch off after work because this industry is so fast and your brain is constantly on. For me, I love to read, I’m a huge cinema fan, and I’ve been playing piano since I was fi ve years old. I love that you can just switch off and enjoy the music.” World Insurance is a world-leading provider of insurance services for the logistics industry. By sharing knowledge and fostering innovation, it nurtures the next generation of logistics leaders and safeguards all. As the designated in-house risk management advisor for all WCAworld networks, it is committed to helping advance the future of global logistics. APPRENTICE OF THE YEAR AWARD
Veronika Litterova fi rst came to the UK to study politics and modern history at the University of Manchester. She fell in love with the city, stayed on after her degree, and was recognised as the 2025 BIFA Apprentice of the Year
W hile appreciating the value of her degree, Veronika Litterova is clear that her success in logistics rests on the apprenticeship she subsequently completed. “I feel I have a future in this industry and that wouldn’t be possible without the apprenticeship. It gives you con fi dence because it’s so specialised,” she said, highlighting the scheme’s direct applicability to the realities of logistics. But doing well in freight goes beyond knowledge of the supply chain: Veronika’s abilities to solve problems and multi-task (not least in juggling her apprenticeship with work) impressed the judges. However, she said: “Where I naturally stand out is in building relationships with clients. I genuinely enjoy speaking with people, understanding their businesses, and fi nding solutions that make their day-to-day operations easier.” Language skills are another asset. Veronika is fl uent in both Czech and Slovak, and also has French, English and even Latin under her belt. “I have the basics of Mandarin and I want to learn more – it’s exciting and completely different to the other languages I speak,” she added. Her language skills enable Veronika to communicate easily with Czech and Slovakian drivers, and there are enough similarities between Czech and Polish to allow conversation with Polish drivers too, if need be. “Our company works mainly in the European market so it’s useful to
Above: Music is the perfect way for Veronika to switch off after a hectic day. Below: Veronika takes great satisfaction in sharing her experience with others
“ There is nothing more rewarding than finding a solution to a complex issue or seeing a shipment through to its successful completion
know these languages – and also to understand the nuances of different nationalities,” she pointed out. Among Veronika’s achievements is the role she played in the smooth
April 2026 | 19
www.bifa.org
Policy & Compliance
Container shipping at Miami
Federal Maritime Commission tightens up fi ling regulations
BIFA has been contacted by several Members regarding the question of fi ling an ocean tariff with the US Federal Maritime Commission (FMC). This tariff is typically fi led by ocean carriers or non-vessel operating common carriers (NVOCC) who are authorised to provide ocean transportation services for international shipments. In this article Joe De Braga , chief executive of fi cer, president, of Global Maritime Transportation Services Inc, provides answers to the questions that UK freight forwarders have asked BIFA
Understanding the difference: NVOCC versus freight forwarder. US regulations distinguish between the services provided by an NVOCC and those provided by a freight forwarder. Understanding these differences can help companies manage their business operations and profitability more effectively. Question: What does an NVOCC Licence allow you to do? The licence allows the holder to: • Purchase transportation from a vessel operating common carrier (VOCC), a licensed NVOCC, or an FMC-registered foreign-based NVOCC, • Appear on the VOCC’s master bill of lading as either the shipper or consignee, • Re-sell transportation services to cargo owners, • Issue their own house bills of lading. Question: So, what does a freight forwarder licence allow you to do? This licence allows the beneficiary to: • Purchase transportation from a VOCC, licensed NVOCC, or FMC- registered foreign-based NVOCC on behalf of the cargo owner, • Appear on the VOCC’s master bill of lading as the agent/freight forwarder, not as the shipper or consignee, • Charge clients for documentation and forwarding services, • Receive freight forwarder
Question: Companies often ask whether they must comply with US regulations when they are simply acting as an intermediary on a US shipment? The short answer is ‘yes’. These activities are governed by US law, and failing to comply can lead to significant penalties. Maritime transportation to and from the US is regulated by the FMC. Understanding the basic requirements is essential to staying compliant and protecting both your business and your clients from potential regulatory issues. Question: Who must register with the FMC? Companies that own the goods being shipped and act as either the shipper or consignee are not required to register with the FMC. However, any company acting as an intermediary — and not the owner of the goods — must comply with US regulations by either holding a licence or registering with
the FMC as a foreign-based company.
Question: Which options must an overseas entity consider when registering with the FMC? Companies that wish to handle freight to or from the US have three FMC-issued options: 1. Apply for a US licence as a NVOCC, 2. Apply for a US licence as a freight forwarder (FF), 3. Register as a foreign-based NVOCC. Each option has specific application requirements. For US- based NVOCC or freight forwarder licences, the company must designate a qualifying individual (QI) — an officer with at least three years of US-based ocean transportation experience. Once the licence is approved, the company must secure a bond: • $75,000 for an NVOCC licence, • $50,000 for a freight forwarder licence.
“ Licensed and registered companies are responsible for under- standing who they are working with when handling US shipments
20 | April 2026
www.bifa.org
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34Made with FlippingBook Annual report maker