Manifest (transportation)

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A manifest, customs manifest or cargo document is a document listing the cargo, passengers, and crew of a ship, aircraft, or vehicle, [1] for the use of customs and other officials. Where such a list is limited to identifying passengers, it is a passenger manifest or passenger list [2] or bag manifest; conversely, a list limited to identifying cargo is a cargo manifest [3] or cargo list, or a container manifest for cargo in a container. The manifest may be used by people having an interest in the transport to ensure that passengers and cargo listed as having been placed on board the transport at the beginning of its passage continue to be on board when it arrives at its destination.

Contents

This document, made up generally by the ship's broker, from the contents of the bills of lading, contains a specification of the nature and quantity of the cargo laden, and is generally attested officially, and in some countries notarially. The prize laws seldom mention this paper; nor is it general; but yet of essential importance in case of search, as well for belligerents, as for neutrals in procuring a speedy dismissal. It is usual to require it at the custom house. (p301) [4]

In this way, a cargo manifest is like a passport except that it is used for goods instead of (or in addition to) persons; the manifest is evidence to the nationality of the goods, the absence of contraband, and that property belonging to belligerents is not laden on board of the vessel. [4]

Vessels are under no legal obligation to carry a manifest, and indeed is only necessary for neutral vessels in times of war. [4]

Cargo manifest versus bill of lading

A cargo manifest and a bill of lading may carry similar information and the concepts are not always clearly distinguished. In some cases, a single document may serve both purposes. In general, a bill of lading serves as a legal instrument focusing on and documenting such issues as ownership, whereas a cargo manifest is often more concerned with physical aspects of the cargo, such as weight and size. When the cargo is being shipped by several different shipping companies on the same vessel, there will usually be separate bills of lading for each company, but only a single consolidated cargo manifest. On the other hand, if the cargo contains dangerous goods, there may be a separate dangerous cargo manifest. A manifest can be exchanged for commercial purposes, for example the freight manifest exchanged between two liner agents in the departure and the arrival ports. The manifest can also be prepared for regulatory purposes, specifically the customs manifest which needs to be sent to customs when arriving in the first port in a country. The difference in information on the customs manifest and the freight manifest is usually marginal, but the legal status of the two documents is completely different.

Uses

Customs and excise

Customs authorities may require cargo-carrying vessels or vehicles to provide information on the cargo manifest such as its consignor, consignee, quantity of goods, origin, destination and value. [5]

International travel

Immigration authorities may require passenger-carrying vessels or vehicles to provide a passenger manifest listing information such as names and ports of embarkation and disembarkation. [5]

Disasters

In case of disasters, passenger manifests may be helpful in identifying casualties and notifying families of passengers. [6] [7] Cargo manifests can support insurance claims for lost goods. [8]

Archaeology

Manifests can be useful tools for archaeology. For example, researchers used old ship's manifests to recreate the available amenities in their restoration of the historic Custom House Plaza in Monterey, California, [9] which was built in 1821 and remains the oldest public building in California.

See also

Related Research Articles

The Incoterms or International Commercial Terms are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) relating to international commercial law. Incoterms define the responsibilities of exporters and importers in the arrangement of shipments and the transfer of liability involved at various stages of the transaction. They are widely used in international commercial transactions or procurement processes and their use is encouraged by trade councils, courts and international lawyers. A series of three-letter trade terms related to common contractual sales practices, the Incoterms rules are intended primarily to clearly communicate the tasks, costs, and risks associated with the global or international transportation and delivery of goods. Incoterms inform sales contracts defining respective obligations, costs, and risks involved in the delivery of goods from the seller to the buyer, but they do not themselves conclude a contract, determine the price payable, currency or credit terms, govern contract law or define where title to goods transfers.

<span class="mw-page-title-main">Cargo</span> Goods or produce transported

In transportation, cargo refers to goods transported by land, water or air, while freight refers to its conveyance. In economics, freight refers to goods transported at a freight rate for commercial gain. The term cargo is also used in case of goods in the cold-chain, because the perishable inventory is always in transit towards a final end-use, even when it is held in cold storage or other similar climate-controlled facilities, including warehouses.

<span class="mw-page-title-main">FOB (shipping)</span> International Chamber of Commerce term referring to transfer of liability from seller to buyer

FOB is a term in international commercial law specifying at what point respective obligations, costs, and risk involved in the delivery of goods shift from the seller to the buyer under the Incoterms standard published by the International Chamber of Commerce. FOB is only used in non-containerized sea freight or inland waterway transport. As with all Incoterms, FOB does not define the point at which ownership of the goods is transferred.

<span class="mw-page-title-main">Customs officer</span> Law enforcement official who enforces customs laws

A customs officer is a law enforcement official who enforces customs laws.

<span class="mw-page-title-main">Merchant ship</span> Civilian boat or ship that transports cargo or carries passengers for hire

A merchant ship, merchant vessel, trading vessel, or merchantman is a watercraft that transports cargo or carries passengers for hire. This is in contrast to pleasure craft, which are used for personal recreation, and naval ships, which are used for military purposes.

<span class="mw-page-title-main">Port of Hong Kong</span> Port in Hong Kong

The Port of Hong Kong located by the South China Sea, is a deepwater seaport dominated by trade in containerised manufactured products, and to a lesser extent raw materials and passengers. A key factor in the economic development of Hong Kong, the natural shelter and deep waters of Victoria Harbour provide ideal conditions for berthing and the handling of all types of vessels. It is one of the busiest ports in the world, in the three categories of shipping movements, cargo handled and passengers carried. This makes Hong Kong a Large-Port Metropolis.

<span class="mw-page-title-main">Short-sea shipping</span> Movement of cargo and passengers by sea along a coast, without crossing an ocean

The modern terms short-sea shipping, marine highway and motorways of the sea, as well as the more historical terms coastal trade, coastal shipping, coasting trade and coastwise trade, all encompass the movement of cargo and passengers mainly by sea along a coast, without crossing an ocean.

<span class="mw-page-title-main">Freight rate</span> Cost of transporting goods

A freight rate is a price at which a certain cargo is delivered from one point to another. The price depends on the form of the cargo, the mode of transport, the weight of the cargo, and the distance to the delivery destination. Many shipping services, especially air carriers, use dimensional weight for calculating the price, which takes into account both weight and volume of the cargo.

<span class="mw-page-title-main">Sealift</span> Use of cargo ships for the deployment of civilian and military assets and supplies

Sealift is a term used predominantly in military logistics and refers to the use of cargo ships for the deployment of military assets, such as weaponry, vehicles, military personnel, and supplies. It complements other means of transport, such as strategic airlifts, in order to enhance a state's ability to project power.

<span class="mw-page-title-main">Port security</span> Security of commerce ports

Port security is part of a broader definition concerning maritime security. It refers to the defense, law and treaty enforcement, and Counterterrorism activities that fall within the port and maritime domain. It includes the protection of the seaports themselves and the protection and inspection of the cargo moving through the ports. Security risks related to ports often focus on either the physical security of the port, or security risks within the maritime supply chain.

A charterparty is a maritime contract between a shipowner and a hirer ("charterer") for the hire of either a ship for the carriage of passengers or cargo, or a yacht for leisure.

The Maritime Transportation Security Act of 2002 (MTSA) is an Act of Congress enacted by the 107th United States Congress to address port and waterway security. It was signed into law by President George W. Bush on November 25, 2002.

<span class="mw-page-title-main">Standard Carrier Alpha Code</span> Two to four letters identifier for freight carriers

The Standard Carrier Alpha Code (SCAC) is a privately controlled US code used to identify vessel operating common carriers (VOCC). It is typically two to four letters long. The National Motor Freight Traffic Association developed the SCAC code in the 1960s to help road transport companies computerize data and records.

<span class="mw-page-title-main">Breakbulk cargo</span> Shipping goods that are loaded individually

In shipping, break-bulk, breakbulk, or break bulk cargo, also called general cargo, are goods that are stowed on board ships in individually counted units. Traditionally, the large numbers of items are recorded on distinct bills of lading that list them by different commodities. This is in contrast to cargo stowed in modern intermodal containers as well as bulk cargo, which goes directly, unpackaged and in large quantities, into a ship's hold(s), measured by volume or weight.

Affreightment is a legal term relating to shipping.

The Importer Security Filing (ISF) also referred to as 10+2, is a customs import requirement of the United States Customs and Border Protection (CBP) ; which requires containerized cargo information, for security purposes, to be transmitted to the agency at least 24 hours (19 CFR section 149.2 before goods are loaded onto an ocean vessel headed to the U.S. for shipment into the U.S. 10+2 is pursuant to section 203 of the SAFE Port Act, and requires importers to provide 10 data elements to CBP, as well as 2 more data documents from the carrier.

<span class="mw-page-title-main">Deviation (law)</span>

The doctrine of deviation is a particular aspect of contracts of carriage of goods by sea. A deviation is a departure from the "agreed route" or the "usual route", and it can amount to a serious breach of contract.

A shipping agency, shipping agent, or ship agency is the term used to refer to the appointed companies that handle operational and procedural (legal) requirements for a commercial vessel's call at a port for the purposes of cargo handling (loading/discharging), emergency calls, repairs, crew changes, or ship demolition, and protect the general interests of their principals on behalf of ship owners, disponent owners, or charterers in an objective manner.

<span class="mw-page-title-main">Bill of lading</span> Document issued by a carrier (or their agent) to acknowledge receipt of cargo for shipment

A bill of lading is a document issued by a carrier to acknowledge receipt of cargo for shipment. Although the term is historically related only to carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship's delivery order.

The Electronic Cargo Tracking Note (ECTN) is a maritime certificate or waiver that is essential for exports to the majority of African countries. It acts as a vital document for both importers and exporters within Africa, necessitating its presentation to customs officials. Typically, the ECTN must be validated at least 5 days before the vessel's scheduled port arrival. Failure to provide this document, or presenting an incorrect version, could lead to significant fines and prevent cargo from being cleared through customs.

References

  1. Garner, Bryan A., ed. (2009). Black's law dictionary (9th ed.). St. Paul, MN: West. p. 1048. ISBN   9780314199492.
  2. "Passenger List". www.merriam-webster.com. Merriam-Webster, Inc. Retrieved 4 February 2025.
  3. Hight, Carrie E. (2023). "The Illusion of Security; Tracing Port and Shipping Container Law and its Deficiencies". Journal of Transportation Law, Logistics & Policy. 90 (2): 77.
  4. 1 2 3 Jacobsen, Friedrich Johann (1818). Laws of the Sea: With Reference to Maritime Commerce During Peace and War. Edward J. Coale. p.  196. passport bill of lading.
  5. 1 2 Business Dictionary.com, "Manifest Archived 2013-06-27 at the Wayback Machine ", retrieved 23 May 2013.
  6. "14 CFR Part 243 - Passenger Manifest Information, §243.1 Purpose". Code of Federal Regulations .
  7. "Domestic Passenger Manifest Information – Advance notice of proposed rulemaking". Federal Register. 62 (49). March 13, 1997. Retrieved May 31, 2015.
  8. "Customer Support – Marine Cargo Claims / Documents Required". ECICS Limited. 2014. Retrieved June 3, 2015.
  9. Maxine Cass, Northern California Off the Beaten Path, 8th: A Guide to Unique Places (2009), p. 78.