CMA CGM Group has extremely strict policies for the security of its vessels and the cargo onboard
CMA CGM Group would like to respond in more detail to the many questions concerning international legislation governing container transport, and particularly regarding responsibilities in the seizure of the MV Victoria containership in international waters by the Israeli Navy last March.
As the worlds third largest container shipping group, CMA CGM carries nearly nine million containers around the world every year and has deployed extremely strict policies concerning compliance with national and international regulations, the security of its vessels and the type of cargo they carry.
Fraudulent shipping documents
Like other leading international maritime shipping companies, on very rare occasions, CMA CGM has to deal with fraudulent shipping documents, containing misleading information about the true nature of the shipped cargo.
In March 2011, for example, the shipper of three containers carried on the MV Victoria falsely described their contents in the shipping documents. These documents, prepared by the shipper, clearly indicated that the containers were loaded with lentils, when in fact they contained weapons.
Declarative principle
CMA CGM reaffirms that container shipping is based on the same principle as postal mail, i.e. the declarative principle. A maritime shipper loads containers that are delivered sealed to dockside, without any other knowledge of their contents than what is declared by the customer on the shipping documents.
As a result, the carrier cannot be held liable for the contents. The shipping documents are presented to customs officials and local authorities, who then grant the export licenses. They are the only persons authorised to inspect container contents, as needed.
In the case of the MV Victoria, after impounding the incriminated containers, Israeli authorities allowed the ship to continue on its voyage. No fines were levied, no security deposit was required and no legal action was taken against the ship or its owner, which was in no way held to be liable.
Diligent application of UN, UE and US rules and regulations
As regards trade to and from Iran, CMA CGM diligently applies the rules prescribed by the United Nations, the European Union and the United States.
In particular, CMA CGM Group has undertaken a large number of practical measures with the creation of an in-house Iran Compliance Desk, which works with Group agents to ensure that cargo carried to and from Iran complies with prevailing regulations. In addition, Group employees are continuously trained in applying strict procedures to comply with rules and regulations.
Practical measures taken by CMA CGM Group:
Creation of an Iran Compliance Desk, which works with Group agents to ensure that cargo carried to and from Iran complies with the above-mentioned regulations, notably by:
– Verifying the identity of the parties in the transport contract via the Groups information systems.
– Verifying the legality of the transported cargo.
– Obtaining a letter of indemnity from the shipper confirming the legality of the shipment and undertaking to indemnify the carrier for any liability incurred in transporting it to Iran.
– Inspecting any cargo loaded in Iran.
– Ensuring container traceability, so that contraband cargo may be impounded and returned to the shipper.
Awareness building initiatives and written directives issued to every agency concerning compliance with embargos and procedures introduced by the head office.
Training in OFAC rules and regulations conducted for all CMA CGM Group employees.
French government authorities (DGSE, SGDSN, etc.) informed of any suspicions concerning the transport of contraband cargo.
Close collaboration with national and international authorities in charge of fighting against the trade in illegal goods.
Source: CMA CGM Group
