IG P&I issues e-bill approval guidelines

Requirements for ‘deemed approval’

To assist members, going forward, any system provider that approaches the Group for approval of their system and meets the requirements will be listed on the Group’s website. This applies to:

• Systems that successfully complete the existing Group approval process below,
• Systems that are to be ‘deemed approved’.

Further guidance regarding the approval process for all providers, going forward, is set out below.

Impact of legislative changes

Under the Act, the effectiveness of an E-bill is contingent upon the system being reliable. The Act outlines a reliability test, which is essentially a technological one. The law will be satisfied as long as the technology meets certain reliability requirements. Since the Act came into effect, industry bodies have been reviewing industry standards to establish reliability and common standards for all stakeholders.

The ICC Digital Standards Initiative has launched a digital trade reliability assessment tool. As of now, the Group is not aware of any similar initiatives.

Given these legislative, industry, and technological developments, the Group Clubs have agreed to further revise their approach. From 20th February 2025, systems will be ‘deemed approved’ if they meet the following criteria:

1. The system permits compliant E-bills only, meaning they are subject to a governing law which gives legal recognition to them as equivalent to paper bills of lading.
2. The system is reliable and is evidenced as such by:
   • An audit by an independent body; or
   • A declaration by a supervisory, regulatory, or accreditation body, or applicable voluntary scheme; or
   • Applicable industry standards.

For full details on this change in Club cover, members are advised to review their own Club’s Rules, which will prevail in case of any inconsistency with this notification.

For systems outside the ‘deemed approval’ requirements

For systems that do not meet the criteria for ‘deemed approval,’ the existing approval process will continue to apply until further notice. System providers are encouraged to contact the Group Secretariat at [email protected] and to review the requirements here.

Approval process from 20th February 2025

To assist members in identifying approved systems, from 20th February 2025, any system provider that approaches the Group for approval and meets the requirements will be listed on the Group’s website. Group Clubs will no longer issue circulars notifying of approval, as has been the practice to date.

If a provider meeting the ‘deemed approved’ criteria wishes their system to be listed on the Group website, they should contact the Group Secretariat with supporting evidence of how the criteria are met.

All systems that have successfully completed the existing Group approval process (both past and future) will also be listed on the Group’s website.

Existing approved system providers

To clarify, the status of system providers who have been approved by the Group to date remains unchanged.

Club cover reminder

Members are reminded that other exclusions of P&I cover under Group Club Rules will continue to apply in respect of the carriage of cargo, whether the bill of lading is issued in paper form or through an approved E-bill provider. These exclusions include, but are not limited to:

• Discharge at a port or place other than the port or place specified in the contract of carriage.
• The issue or creation of an ante- or post-dated electronic document or record.
• Liabilities arising under an ad valorem bill.
• Liabilities arising from terms of carriage that are less favorable than the Hague-Visby rules, unless mandatorily applicable.
• Delivery of cargo without the production of the negotiable electronic document/record.

In the case of an approved electronic trading system, this means delivery of cargo other than in accordance with the rules of that trading system.

All Clubs in the Group have issued a similar circular.