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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 8, 2006 No. 554

About approval of Rules of forwarding activities

According to article 2 of the Federal law "About Forwarding Activities" Government of the Russian Federation decides:

Approve the enclosed Rules of forwarding activities.

 

Prime Minister

Russian Federation M. Fradkov

Approved by the order of the Government of the Russian Federation of September 8, 2006 No. 554

Rules of forwarding activities

1. These rules establish the list of forwarding documents, procedure for rendering and the quality requirement of forwarding services.

2. The relations between the freight forwarder and the client are regulated by the Civil code of the Russian Federation, the Federal Law "About Forwarding Activities", these rules and the freight forwarding agreement.

The relations between the freight forwarder and carriers on different types of transport are regulated by the Civil code of the Russian Federation, transport charters and codes.

3. These rules are not applied to forwarding services in the field of mail service.

4. The concepts used in these rules mean the following:

"forwarding services" - services in the organization of cargo hauling, the conclusion of transportation agreements of load, ensuring sending and receipt of load, and also other services connected with cargo hauling;

"freight forwarder" - person who is carrying out or organizing accomplishment of the forwarding services defined by the freight forwarding agreement;

"client" - the person who signed the freight forwarding agreement with the freight forwarder and assumed liability to pay accomplishment of the forwarding services rendered by the freight forwarder;

"freight forwarding agreement" - the civil transaction according to which one party (freight forwarder) for remuneration assumes liability on behalf and at the expense of other party (client) to render forwarding services;

"load" - any property concerning which the freight forwarder performs the organization of transportation according to the freight forwarding agreement;

"consignor" - person who showed load to transportation;

"consignee" - person, authorized to accept load at the freight forwarder after the end of transportation;

"carrier" - person performing cargo hauling on the basis of the transportation agreement.

5. Forwarding documents are:

the order to the freight forwarder (determines the list and conditions of rendering by the freight forwarder to the client of forwarding services within the freight forwarding agreement);

the forwarding agent's receipt (confirms the fact of obtaining by the freight forwarder for cargo hauling from the client or from the consignor specified to them);

the warehouse receipt (confirms the fact of acceptance by the freight forwarder at the client of load on warehousing).

6. Depending on nature of forwarding services, including in case of cargo haulings in the international message, possibility of using of the forwarding documents which are not specified in Item 5 of these rules can be determined by agreement parties of transport expedition.

7. Forwarding documents are integral part of the freight forwarding agreement.

Forwarding documents are constituted in writing. The procedure for registration and form of forwarding documents affirm the Ministry of Transport of the Russian Federation.

8. For rendering forwarding services by the client the order completed and signed by it is issued to the freight forwarder. The order which is drawn up in accordance with the established procedure to the freight forwarder shall contain reliable and complete data about nature of goods, its marking, weight, amount, and also about quantity of cargo pieces.

The order to the freight forwarder is submitted to it the client on paper if the different way is not provided by the freight forwarding agreement.

9. The freight forwarder considers the order to the freight forwarder in the terms determined in the freight forwarding agreement and sends it to the client with mark about approval or of refusal in approval of the forwarding services which are subject to rendering with indication of causes of failure.

10. The order to the freight forwarder is subject to execution from the moment of receipt of its approval by the client of the written confirmation by the freight forwarder.

The client at any stage of agreement performance of transport expedition has the right to withdraw earlier issued order to the freight forwarder with obligatory compensation to it the actual expenses connected with execution of the order.

The withdrawal of the issued order to the freight forwarder is made by the client in writing.

11. The procedure and conditions of submission of the order to the freight forwarder and response the client of the issued order to the freight forwarder with use of means of fax or electronic communication are determined by the freight forwarding agreement.

12. The forwarding agent's receipt is issued by the freight forwarder to the client in case of cargo reception and grants to the freight forwarder right of possession load before date of transmission of load to the client or the consignee specified to them upon termination of transportation.

13. If the freight forwarder accepts the client's load on warehousing, the freight forwarder issues to the client the warehouse receipt.

14. If other is not established by the freight forwarding agreement, under the organization of cargo hauling the freight forwarder if necessary performs:

approval of carriers of condition of carriages and storage of load, cargo transshipment time from one mode of transport for another and other questions necessary for transportation implementation;

passing of the customs and other procedures necessary in case of transportation implementation;

calculations for cargo hauling with carriers as on behalf of the client, and on its own behalf.

15. Upon the demand of the client the freight forwarder provides him the following information:

full trade name and the location (for the legal entity), name and the residence (for the individual entrepreneur);

data on confirmation of conformity of forwarding services to the established requirements;

the list of the forwarding services rendered by the freight forwarder and their cost;

data on form and payment procedure of forwarding services;

data on cargo rates different types of transport, about rules and about conditions of accomplishment of such transportations;

other data relating to the organization and implementation of transportation of specific types of cargo by different types of transport.

16. The freight forwarder in the cases provided by the freight forwarding agreement in case of cargo reception from carrier in destination participates in execution of the relevant documents.

17. The freight forwarder when rendering the forwarding services defined by the freight forwarding agreement shall follow instructions of the client.

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