This document is issued by the carrier to the owner of the goods. It documents the acceptance by the carrier of the goods on board the vessel, and also obliges the carrier to transfer the goods to the rightful holder of the bill of lading.

A distinctive feature of the bill of lading is that it is capable of performing the function of a security. The bill of lading is issued in triplicate. In the process of long-term transportation, the cargo may be resold several times. And, as a result of these resales, one of the three original bills of lading will end up with the final buyer. In exchange for the original bill of lading, the carrier will have to release the goods to its rightful owner. When the goods are issued according to the original bill of lading, the remaining originals lose their force.

The issuance of the bill of lading is the task of the carrier, but the data for filling it out are provided by the sender.

Information contained in the bill of lading:

1. information about the sender and his location;
2. information about the carrier and the name of the vessel (if known);
3. indication of the port of unloading;
4. information about the recipient of the goods and their location;
5. product description;
6. product features (for example, hazard class);
7. weight of goods, volume and number of packages;
8. date of issue of the bill of lading;
9. indication of the number of issued originals of the bill of lading;
10. carrier's signature.

In practice, the bill of lading does not always contain information about the specific recipient of the goods. There are three ways to fill in the line "Consignee" (Recipient):

• Order Bill of Ladin- order bill of lading, in the recipient column, the indication "to order" is placed. In this situation, the goods will be issued to the person who will be indicated by the sender. This type of bill of lading is the most common in practice.
• Bearer Bill of Lading- bearer bill of lading, the recipient is not indicated in it, the cargo will be issued to the person who presented the original document. This type is rarely used, since it is the most unprotected for the rightful owner of the cargo.

Different types and classifications

There are other classifications of bills of lading:

Negotiable bill of lading - it can include order and bearer bills of lading, in these cases, the owner of the bill of lading can resell the goods without waiting for them to arrive at the port.

• Non-negotiable bill of lading - the specified recipient cannot transfer his right to receive the goods to a third party. A registered bill of lading falls under this classification.
• Clean bill of lading - in which there is no data on the discrepancy between the actual state of the goods and packaging stated in the document.
• "Not clean" bill of lading - the document contains reservations and comments regarding the condition of the goods, the presence of defects or discrepancies in quantity and weight.
• A through bill of lading is issued in the case when the transportation is multimodal and the goods are reloaded into different modes of transport.
• Direct bill of lading - issued in the case of direct shipping from port to port.
• Onboard bill of lading - such a document is issued for the goods already loaded on the ship.
• A shore bill of lading is issued to confirm the receipt of goods before they are loaded onto a ship. For example, receiving goods at the shipper's warehouse.

Telex release is often used on short sea journeys. A telex release is a message from the port of shipment to the port of discharge stating that all original bills of lading have been handed over by the shipper. In such a situation, the goods will have to be released to the recipient without presenting the original bill of lading. A telex release is used only in cases where a specific consignee is indicated in the bill of lading, that is, it is named. The use of a telex release simplifies and speeds up operations with the goods, because it saves the sender and recipient from organizing the physical transfer of the original bill of lading.

There are no analogues to such a document as a bill of lading. The closest to it in terms of meaning are such documents as: CMR - in international road transport, railway bill of lading - in rail transport, and so on. These documents are also issued by the carrier and contain information about the sender, recipient and characteristics of the cargo. But they, in turn, are not title documents.

It is important to remember that errors in the execution of such a document as a bill of lading can lead to significant losses for all parties to the contract of international carriage.

The history of Bill of Landing began in 1924, when the Convention was first adopted, which made it possible to unify the rules. Since then, the document has become known as the Hague Rules, or Maritime Bill of Lading.

Subsequently, it underwent several changes in 1968 and 1979, and the Russian Federation implemented it for domestic companies in 1999. At the moment, the document is valid in more than 40 states of the world that have access to the oceans.

The transport and logistics company "Customs Technologies" professionally carries out deliveries according to the sea bill of lading to all countries that have acceded to this Convention. In addition, our specialists will competently fill out and execute this document, as well as other accompanying documentation. All work is carried out in the shortest possible time on the basis of the current regulations in force.

Download sample bill of lading.

The bill of lading is the basis for delivery by sea vehicles and is drawn up on the basis of a navigational receipt and a loading order. In this case, the document is:

• An agreement on the implementation of cargo transportation between the consignor of cargo and the sea carrier.
• Receipt of the transport company about the acceptance of the cargo on board. To do this, the document is stamped on the fact of loading the goods on board.
• Certificate of ownership of the loaded products.
• Certification of a contract for carriage by sea, indicating its terms and with the authority to regulate between the parties to the agreement for carriage.

Bill of Landing sample

In order to avoid problems with the carriage of goods by sea, our company has prepared a sample of filling out this document. Otherwise, there is a possibility of delaying the process of cargo clearance.

At a minimum, this document must contain the following information:

• Vessel name. This rule is true if there is a name of a predetermined watercraft.
• The name of the carrier.
• The name of the place of loading.
• The name of the shipper.
• The name of the place of arrival of the goods. When using a charter flight, the direction of the vessel.
• Name of the specific person receiving the shipment.
• Product name with indication of marking and technical characteristics.
• Freight contract and its payment, as well as other documents on payments.
• Place and time of receipt of the bill of lading.
• The number of official originals of the document.
• Authorized person's signature. They can be the captain, the shipowner or a representative of the transport company.

Types of bills of lading

Marine bill of lading can be presented in several versions. The standard version is called an order bill of lading indicating the consignee or the person entitled to the endorsement.

There are also a large number of additional options:

• Onboard type. Indicates that the cargo has been loaded onto the vessel.
• Loading document. Transfers the risks to the owner of the vessel after the cargo has been delivered for loading.
• Clean bill of lading. Ascertains that the product appears to be in good condition.
• Bill of lading with reservations. Confirms that the goods have been delivered with visible defects.
• Negotiable bill of lading. Can be transferred between different owners.
• Nominal document. The recipient of the goods indicates his last name, the bill of lading is non-negotiable.
• Bearer bill of lading.
• line document. Contains all terms of the contract.
• Freight document. It contains separate explanations of the contract, but is not a full-fledged contract.
• Through bill of lading. It is used for multimodal transportation with the ability to use several carriers.

The process of choosing a bill of lading and filling it out is quite complicated. If you have any questions, please contact our professionals who will quickly and easily answer them by phone or chat.

However, we practically do not think about the nature of this document, its functions and some of the nuances of its application in international trade.

The bill of lading is one of the oldest documents used in international trade and, consequently, in maritime transport. It is often described as the most important document in international trade, largely because of its, so to speak, multiple role. This is a document considered vital for international sales contracts, as it proves the loading on board the vessel, and therefore the very fact of export from the country (which, however, may or may not be the country of origin of the goods).

It is a document that can be sold to other buyers, which is why it is called a negotiable instrument.

The date of signature proves, or at least is visible evidence, that the cargo was placed on board the ship, which sets off a whole series of actions, including being the key point in the operation of a bank letter of credit opened by the buyer in favor of the seller.

The bill of lading also acts as proof of export within a certain time frame, which may be a necessary requirement for a shipper to comply with export quota rules in some countries.

The bill of lading also acts as evidence (or visible evidence) of the condition of the cargo on board, as well as the condition of the cargo, which the buyer or consignee has the right to expect at the time of its delivery to the port of destination.

In terms of the legal framework, the original use of bills of lading was governed by the British Bills of Lading Act 1855 1 . If translated from the old-fashioned and cumbersome language of this law into modern, then the main functions of the bill of lading can be represented as follows:

1. This is a receipt for the acceptance of cargo on board the carrier ship.

2. This is a document of title, i.e. the owner of the original bill of lading has the right to access the goods described in it.

3. This is proof of the conclusion of the contract for transportation.

It should be noted that the 1855 Act does not actually define the term "bill of lading".

The 1855 Act was repealed and replaced by the British Carriage of Goods by Sea Act 1992 2 (COGSA 1992), which came into force on 16 September 1992. COGSA 1992 also does not define the term "bill of lading", although numerous references include the above functions.

On August 25, 1924, the International Convention for the Unification of Certain Rules Concerning Bills of Lading 3 , better known as The Hague-Visby Rules 4 , was signed in Brussels.

Yet there is a legal definition that became international in November 1992, after the United Nations Convention on the Carriage of Goods by Sea 5 , better known as the 1978 Hamburg Rules 6 , was ratified by the required number of countries (namely twenty) in October 1991. Although the Hamburg Rules are internationally recognized, their recognition does not mean that they are universal. In other words, so far only a few countries have ratified these rules (currently 26 countries), and not all of them have clearly and unambiguously ratified this convention.

Here is the definition of a bill of lading in the Hamburg Rules:

“A bill of lading is a document confirming the conclusion of a contract of carriage by sea and the acceptance or loading of goods by the carrier, and by which the carrier undertakes to transfer the goods against delivery of the document. The provision in the document that the goods must be handed over to the order of a named person, either “order” or “bearer”, contains the same obligation” 7 .

Receipt for acceptance of cargo on board

What happens in practice: the goods arrive at the port of loading and can be placed either in a warehouse or on a berth. In scheduled shipping, a warehouse or berth may be owned (or at least controlled) by a shipping line. In this case, the court will recognize that the cargo was placed in the "continuation of the vessel's possession". The wharf manager, port operator or warehouse manager then issues a document known as a "received for shipment" bill of lading 8 . Such a document is not valid for the purpose of receiving money from the bank under the terms of the letter of credit and, therefore, cannot be sold, i.e. is not negotiable. This is just a record that the cargo was received in advance for loading by the person who will carry out the loading, i.e. carrier (as well as its employees or agents).

In tramp shipping, it is hardly possible to meet the issuance of a “received for shipment” bill of lading. There are two main reasons for this:

1) partly because there is no practical reason for doing so, since the goods may be loaded in bulk from trucks or rail cars, or from a silo or stockpile, which may be in the port for some time;

2) partly because the “received for shipment” document is usually only needed by airline companies to know how much cargo has been “transferred” on board a regular cargo ship, and so that agents, loading brokers and forwarders can calculate how much more cargo needs to be delivered to the port before the ship is theoretically full and loading operations can begin.

Thus, tramp shipping usually only deals with onboard bills of lading "shipped on board" 9 which show that the goods were actually loaded on board. The date on the bottom of such bill of lading must correspond to the date on which the entire cargo was loaded on board the ship. And it doesn’t matter anymore whether the ship actually leaves the port of loading or sinks in this port: the goods covered by such a bill of lading are, by definition, already shipped(i.e. loaded), and the freight must therefore be paid by the charterer to the shipowner.

Most often, an onboard bill of lading is accompanied by the word “clean” (clean). This means only that before the signing of the three originals, there are no written remarks of the master on the bill of lading that would indicate that the cargo is in one way or another different from what it should be; in other words, the master could note on the bill of lading that the cargo was rusty, bent, squashed, broken, torn, bugged, too wet, or make any other similar remarks regarding the condition of the cargo at the time it was presented to the ship.

Document of title

The cargo could be sold by the charterer to the consignee at the port of discharge. Therefore, the recipient must pay for the goods (usually by means of a letter of credit) before they can access them. When the charterer (seller) sells the cargo to the recipient (buyer), he actually sells the ownership of this cargo.

"Disposable" in this sense means "giving ownership of the goods." Armed with the original negotiable bill of lading, the consignee can then board the ship upon arrival at the port of discharge and claim the cargo on board. What did the charterer or seller actually do? He transferred his ownership of the cargo to the buyer. This "transfer" is called an endorsement because it endorses (or signs on the back of) the three original bills of lading. The new holder of the bill of lading is therefore called the "endor". And, of course, nothing can prevent the transferee from selling his newly acquired title to the goods to a third party, either before or during loading operations on the ship, or even while the ship is at sea, moving towards the port of discharge. This kind of trading happens every day, and it often happens that many of these traders who buy and sell the rights to cargo never see the cargo, nor even want to see it. Therefore, they are called "paper traders". The nature of the commodity becomes almost intangible. However, many of them are experts in their field and can make a physical transfer if they choose to.

Thus, the holder of the bill of lading has title to the goods represented by this document. If it is an original onboard bill of lading, it becomes a negotiable instrument and can be sold and resold for consideration. Therefore, the bill of lading also proves the right to sue for ownership of the goods 10 .

However, not all transactions go so smoothly. Sometimes the cargo described in the bill of lading is not sent to any specific person. This phenomenon is known as "blank-order" shipment, and such bills of lading are known as "blank-order" and even "blank" (do not confuse these two concepts!). This is done if, for example, the original seller does not know the identity of the final buyer, and indeed cannot know, because he knowingly sells ownership of the cargo to a paper trader, who, of course, will sell the cargo to a third party.

Ownership of the goods is valid only until the goods are transferred to the holder of the bill of lading. If such bill of lading holder appears before the master upon the ship's arrival at the port of destination and is able to prove his identity to the master, the cargo will be handed over to that bill of lading holder.

On the question of proof of identity. Imagine what happens if the holder of the bill of lading finds or otherwise acquires the original bill of lading. After the cargo from the ship has been handed over to him, the real bill of lading holder arrives, who has just paid a significant amount of money under a letter of credit for this cargo. It is natural to assume that he will be quite upset when he discovers that the shipment has been handed over to someone else. Hence the need for the master's extreme vigilance in identifying and confirming the identity of the holder of the bill of lading with the named consignee.

Such a problem, of course, does not arise when a blank-order bill of lading is presented to the captain, since such a document is akin to a check to the bearer: the essence of both is extremely simple - "pay X thousand dollars to the bearer of this piece of paper." It is for this reason that the original bill of lading is usually issued in triplicate: a few lines printed at the bottom of the document say that as soon as one of the originals is "executed" (i.e. exchanged for cargo), the other two become invalid. This phrase is introduced to prevent the extreme embarrassment and financial trouble that a shipowner may face if he is sued for the value of the cargo by the present consignee, who is the authorized holder of the bill of lading, which is the document of title to the very cargo that the master has given to another. side.

In British law, the decisive evidence in the hands of the present holder of the original bill of lading is the description of the condition of the goods loaded 11 .

The number of copies of the bill of lading issued by the master or port agent on his behalf is not limited. These copies are non-negotiable and are known as CNNs (copies non-negotiable). Usually they are issued in quantities of 12 pieces, but there may be 6 or 20 of them. These are just notes for maintaining a dossier and cannot be confused with the originals.

Proof of a contract

To begin with, it is important to realize that a bill of lading is not a contract of either commercial sale or sea transportation. However, this is often the only link between the bill of lading holder and the beneficial (or actual) shipowner. It is also the best possible (and often the only possible) evidence of the existence of a separate contract of carriage concluded between the owner of the cargo, who may also act as an exporter or shipper, and the carrier, which may be a tramp "beneficial" shipowner or "disponsible" owner ( i.e. time charterer) or operator or regular shipping company. Thus, the actual contract can be either a charter party or a liner booking note (freight certificate).

The conclusion of the contract actually takes place as soon as an agreement on the carriage of goods is reached. This agreement may also be oral. In reality, verbal agreements are often entered into between tramp shipbrokers on behalf of the respective principals. And it is always a good idea to put on paper the main terms (and, if possible, all the details) of such an agreement, so that at a later stage no disputes arise (at least in theory) about its content. The subsequent issue of the bill of lading only confirms such an agreement. This is true for transportation by both scheduled and tramp ships.

The contract of carriage between the carrier and the shipper reflects the conditions under which the carrier accepts the goods for carriage. If the shipper enters into a charter party agreement with the carrier, the main terms that would normally be found on the back of the bill of lading may be superseded by the terms of the charter party agreement.

The original shipper (seller) may also be the charterer of the vessel. Then a clause appears on the front side of the bill of lading: “Freight payable as per Charter Party” 12 . This phrase somehow relates the holder of the original bill of lading to the charter party, despite the fact that the "designated" holder is not contractually related to the owner of the vessel. Therefore, it is the bill of lading that is contractually linked to the charter party.

The bill of lading does not meet the usual definitions of a contract. In particular, it is not signed by both parties and therefore does not constitute a contract between them. It is signed by only one party - the representative of the carrier. However, when a bill of lading is sold to an ultimate third party, it may be considered to contain a contract of carriage. So a bill of lading can become a contract of carriage by endorsement.

A bill of lading is "transferable" for a counterclaim (most often by a bank letter of credit) only if it is the original, of which there are usually three. There are many non-negotiable (CNN) copies, but these latter are issued for informational purposes only - for the convenience of port agents, port authorities, customs officers, stevedores, freight forwarders, ship brokers, shipowners' and operators' operations departments, insurance companies and/or their brokers, government agencies, traders, financiers and any other parties involved in international trade.

Shipowners and charterers are free to insert any agreed terms into their charter party contracts, but the bill of lading is governed by the rules specified in the Paramount clause. This clause often provides a choice between the Hague-Visby Rules and the Hamburg Rules, i.e. only one rule may apply to one bill of lading and one shipment. These rules strictly regulate the rights, duties, responsibilities and privileges of the cargo carrier. It follows that any clause contained in a bill of lading that does not comply with these rules is void.

While the bill of lading can be used to judge the establishment of a contractual relationship between the carrier and the shipper, there remains a big question around which there are litigation or arbitration disputes, namely, who is considered the carrier if the ship is on a time charter. Recall that a time charter is a contract for chartering a vessel, according to which the shipowner, remaining the owner and retaining control over the crew, provides it for a certain period at the disposal of the charterer for the transportation of any legal cargo. The charterer has the right to load the ship according to the load line, using all its cargo spaces for this. The time charter is characterized by the following general provisions: the shipowner provides the charterer with a ship fully equipped with a crew and bears all the costs of maintaining the crew, maintaining the ship in a serviceable condition, its insurance and the purchase of lubricants; the charterer bears all expenses for the purchase of fuel, water, payment of taxes, port dues, services of pilots and tugs, loading and unloading and other works related to the transportation of goods; the charterer pays the rent for the entire time spent in the time charter, except for the time when he could not fully use the vessel (accident or breakdown of the vessel, etc.), which is called time out of the charter. During the time the vessel is in a time charter, the captain is obliged to obey the charterer's instructions regarding the commercial operation of the vessel and other issues related to transportation.

The most frequently used word accompanying the phrase "shipped on board bill of lading" is the word "clean". It means that prior to the signing of the three originals, the captain's written remarks did not appear on the bill of lading, which would mean that the cargo is somehow different from what it should be. In other words, the master could have noted on the bill of lading that the cargo was rusty, crooked, dented, broken, torn, bug-infested, too wet, or any other remark as to the condition of the cargo when it entered the ship.

If the master has not made such a clause on the bill of lading, i.e. has not made it "dirty", he and his shipowner are likely to be liable for any damage that the charterer, shipper or recipient of the cargo can easily claim occurred while the cargo was on the ship.

Difficult situations often arise when the letter of credit of the charterer or shipper requires the presentation of the original clean onboard bill of lading, without which the bank will not pay under the letter of credit. However, the master would naturally be unwilling to issue such a "clean" document if the goods did not really, so to speak, deserve a clean bill of lading. In such cases, the charterer issues a letter of guarantee (Letter of Indemnity), which allegedly releases the shipowner from liability (although this is neither actually nor legally possible) for the condition of the cargo at the port of destination. But it is worth noting that, as a rule, obviously damaged cargo is simply not taken on board. Nevertheless, this form of a letter of guarantee does exist (Fig. 1).

Rice. 1. Example of a Letter of Guarantee against Issuance of a Clean Bill of Lading

Another option is a letter of guarantee for the delivery of goods without presenting the original bill of lading. It happens that the bill of lading is lost before the ship arrives at the port of destination. Then the captain may refuse to release the cargo. The way out is that the charterer/consignee must submit an appropriately authorized letter of guarantee for the delivery of cargo without presenting the original bill of lading (Fig. 2).

Rice. 2. An example of a letter of guarantee in exchange for the delivery of goods without presenting the original bill of lading

There are standard forms of letters of guarantee issued in exchange:

1) for the delivery of cargo to a port other than the port specified in the bill of lading;

2) delivery of cargo to a port other than the port specified in the bill of lading and without presenting the original bill of lading;

3) delivery of cargo under a non-endorsed bill of lading (Fig. 3).

Rice. 3. An example of a letter of guarantee in exchange for the delivery of goods against an unendorsed bill of lading

Banks often turn a blind eye to such situations, because such temporary blindness allows them to negotiate a letter of credit in favor of their client, for which, of course, they will take a commission. In order not to look like fraudulent transactions (of course, if they really are not), such letters of guarantee are from time to time provided with bank guarantees, depending on the financial condition of the charterer. Such bank guarantees, however, are extremely rare and are usually provided by banks outside the "community" of banks called the "prime Western bank."

In conclusion, we list some of the main types of bills of lading.

Onboard bill of lading- On Board Bill of Lading (Board B / L) - a bill of lading certifying that the goods accepted for transportation are actually loaded onto the ship.

Bill of lading for cargo accepted for loading,— Received for Shipment Bill of Lading (Received for Shipment B/L) — a bill of lading for cargo accepted for loading at the port in anticipation of a ship that has not yet arrived.

Shared bill of lading- Delivery Order - a document of title issued by the carrier or consignee with confirmation by the ship's captain. It is used in the case of a partial sale by the consignee of the goods before he took delivery. Shared bill of lading - an order to transfer a certain part of the transported cargo at the port of destination to another person.

Named bill of lading- Straight Bill of Lading (Straight B / L) - a bill of lading drawn up in the name of a specific consignee. According to a registered bill of lading, the cargo is transferred at the port of destination to the recipient indicated in the bill of lading. The goods may be handed over to another person only on the basis of a transaction executed in compliance with the rules established for the transfer of a debt claim.

Blank bill of lading- Blank Bill of Lading - a bill of lading to the bearer, which is transferred in exchange for cargo by simple delivery.

Order bill of lading— Order Bill of Lading; Negotiable Bill of Lading (Negotiable B/L) - a bill of lading, according to which the cargo is transferred either by the “order” of the consignor, or by the “order” of the consignee, or by the “order” of the bank, or by the endorsement of the one whose “order” it is drawn up. If the order bill of lading does not indicate that it is made to the "order" of the recipient, then it is considered to be made to the "order" of the sender. "Order" - a note about the person to whom the goods are transferred. Let's say the recipient cannot work with the cargo at the port of destination, in this case the cargo is accepted by the forwarder, who will be this person.

Consolidated bill of lading- Combined (Collapsible) Bill of Lading - a bill of lading for several cargoes intended for various consignees.

Linear bill of lading- Liner Bill of Lading (Liner B/L) - a bill of lading issued by or on behalf of a shipping company and covering carriage on ships plying on regular routes in accordance with an established and published schedule.

Bill of lading with reservations("unclean" bill of lading, "dirty" bill of lading) - Claused Bill of Lading (Claused B / L; Unclean Bill of Lading) - a bill of lading in which marks are made of damage to the cargo and / or packaging.

Direct bill of lading- Direct Bill of Lading - a bill of lading covering the shipment between the direct ports of loading and unloading on the same vessel.

through bill of lading— Through Bill of Lading (Through B/L, TBL) — a bill of lading that provides for transshipment of cargo to another vessel at an intermediate point and covers the entire carriage of cargo from the port of loading to the final destination. Such transportation is possible if the carrier has several regular lines in different directions or by agreement between two carriers - one that receives the cargo at the port of departure and delivers it further from the port of transshipment. Usually, carriers jointly transporting goods under a through bill of lading stipulate their mutual obligations - each carrier is responsible only for the section of the route on which he makes the transportation. With a through bill of lading, it is important to have clear marks on the transfer of goods from one carrier to another.

1 - The Bills of Lading Act 1855.

2 - Carriage of Goods by Sea Act 1992.

3 - International Convention of the Unification of Certain Rules of Law Relating to Bills of Lading.

4 - Hague-Visby Rules.

5 - UN Convention on the Carriage of Goods by Sea.

6 - 1978 Hamburg Rules.

7 - “Bill of Lading means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or “to order”, or “to bearer”, constitutes such an undertaking”. United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules). Part I, Article 1 (author's translation).

8 - Received for loading (English).

9 - Loaded on board (English).

10 - See Art. 2 COGSA 1992.

11 - Art. 3 The Bills of Lading Act 1855&v. 4 The Carriage of Goods by Sea Act 1992.

12 - Freight is paid according to the charter party (author's translation).

When shipping goods by sea, various types of bills of lading are issued. Differences in the design of these documents lies in certain conditions of sending.

Bill of lading - (fr. connaissement):

1. Document containing the terms of the contract of carriage by sea. The norms on the bill of lading are contained in the International Convention on the Unification of Certain Rules on the Bill of Lading of August 25, 1924 (as amended in accordance with the Brussels Protocol of 1968), as well as currently in the current Code of Merchant Shipping of the USSR .;
2. A document of title that gives its holder the right to dispose of the goods. Widespread in foreign trade. Issued by the carrier to the sender after receiving the goods and certifies the fact of the conclusion of the contract. The bill of lading defines the legal relationship between the carrier and the consignee. If the mandatory conditions for the recipient are not set out in the bill of lading, then reference is made to the document in which they are contained (usually a charter).

Can be made up:

• to the bearer, in the name of the recipient (nominal);
• order of the sender or recipient (order).

The bearer bill of lading is transferred in exchange for the goods by simple delivery. Named bill of lading - by endorsement or in another form, but in compliance with the rules established for the transfer of a debt claim. According to an order bill of lading, the goods are issued either by order of the sender (recipient) of the goods, or by order of the bank. If it is not specified that the bill of lading is drawn up "to the order of the recipient", then it is considered to be drawn up "to the order of the sender". Usually the bill of lading is drawn up in several copies, and in each one a note is made about their number. After the issuance of the goods according to one of the copies of the bill of lading, the rest become invalid.

The bill of lading refers to securities. The bill of lading is called "clean" if the carrier has not made any comments, claims to the quantity and quality of the goods, and "unclean" if it contains reservations about the condition of the goods or cargo being transported.

The bill of lading states:

• vehicle name,
• carrier,
• sender,
• recipient,
• place of acceptance or loading,
• purpose of the cargo
• its name,
• freight and other payments due to the carrier,
• time and place of issue of the bill of lading,
• the number of copies made.

The transfer of the bill of lading is carried out according to the rules for the transfer of securities (registered, order or bearer) and is equivalent to the transfer of cargo. The bill of lading is one of the main documents required for customs control of goods transported by sea.

• Onboard bill of lading- On Board Bill of Lading (Board B/L) - certifying that the goods accepted for transportation are actually loaded onto the vessel.
• Shared bill of lading- Delivery order - a document of title issued by the carrier or consignee with confirmation by the ship's captain. It is used in the case of a partial sale by the consignee of the goods before he took delivery. Shared bill of lading - an order to transfer a certain part of the transported cargo at the port of destination to another person.
• Insured Bill of Lading- Insured Bill of Lading - is a combination of a transport document with an insurance policy and serves as proof of both the acceptance of cargo for transportation and its insurance, and is used when transporting cargo in containers.
• Named bill of lading- Straight Bill of Lading (Straight B/L) - drawn up in the name of a specific consignee. According to a registered bill of lading, the cargo is transferred at the port of destination to the recipient indicated in the bill of lading. The goods may be handed over to another person only on the basis of a transaction executed in compliance with the rules established for the transfer of a debt claim.
• Bearer bill of lading- is transferred in exchange for the goods by simple delivery.
• Bill of lading for cargo accepted for loading- Received for shipment Bill of Lading (Received for shipment B/L) - a bill of lading for cargo accepted for loading at the port in anticipation of a ship that has not yet arrived.
• Linear bill of lading- Liner bill of Lading (Liner B / L) - a bill of lading issued by or on behalf of a shipping company and covering transportation on ships plying on regular routes in accordance with an established and published schedule.
• Bill of lading with reservations("unclean" bill of lading, "dirty" bill of lading) - Claused bill of Lading (Claused B / L; Unclean bill of lading) - a bill of lading in which marks are made of damage to the cargo and / or packaging.
• Local bill of lading- Local bill of Lading - with reference to the through bill of lading, according to which the cargo was accepted for transportation. Local bills of lading are of official importance for the reporting of the line, port and are not documents of title.
• Order bill of lading or negotiable bill of lading- Order bill of lading; Negotiable bill of landing (Negotiable B / L) - according to which the cargo is transferred either by the "order" of the consignor, or the "order" of the consignee, or the "order" of the bank, or by the endorsement of the one whose "order" it is drawn up. If the order bill of lading does not indicate that it is made to the "order" of the recipient, then it is considered that it is made to the "order" of the sender. "Order" - a note about the person to whom the goods are transferred. Let's say the recipient cannot work with the cargo at the port of destination, in this case the cargo is accepted by the forwarder, who will be this person.
• Direct bill of lading- Direct bill of lading - a bill of lading covering shipment between direct ports of loading and unloading on the same vessel.
• Consolidated bill of lading or group bill of lading- Combined (Collapsible) bill of lading - for several cargoes intended for different consignees.
• through bill of lading- Through Bill of Lading (Through B/L, TBL) - providing for transshipment of cargo to another vessel at an intermediate point and covering the entire carriage of cargo from the port of loading to the final destination. Such transportation is possible if the carrier has several regular lines in different directions or by agreement between two carriers - one that receives the cargo at the port of departure and delivers it further from the port of transshipment. Usually, carriers jointly transporting cargo under a through bill of lading stipulate their mutual obligations - each carrier is responsible only for the section of the route on which he makes the transportation. With a through bill of lading, it is important to have clear marks on the transfer of goods from one carrier to another.

Bill of lading- This is a specific legal document that the transporter of a certain cargo issues to the owner of the goods after its delivery. The meaning of this document is that it confirms the product.

Functions of this document:

• the carrier, who assumes the responsibility of transporting the cargo, gives a receipt that he will transport the cargo in its original (proper) condition;
• the bill of lading also performs the function of a consignment note;
• confirms that the fact of the agreement on cargo transportation has taken place;
• the function of disposing of the goods being transported.

Also, the carrier's bill of lading can perform a credit function, that is, it provides a loan for the shipped transported cargo.

Legal aspects of the bill of lading

Initially, only carriers of goods by sea or river routes used a document - a bill of lading, but over time this concept spread to the continent. Now, such a concept as a bill of lading agreement is widely used in the provision of cargo transportation services by any mode of transport, which provoked the emergence of a new term - a through bill of lading.

There are a number of requirements for the execution of a bill of lading, according to which this document must be executed legally competently and correctly. These requirements are set out in a document called the Merchant Shipping Code of the Russian Federation. There is also a list of legislative acts that regulate social relations in the trade sector regarding cargo transportation. For example, at the moment, sea freight is regulated by a special law that regulates all aspects of the carriage of goods by sea. There are also special maritime conventions that regulate maritime transport, which are carried out between different countries. One of these conventions was created in 1924 - it unified the rules of the bill of lading, thereby preliminarily resolving a number of issues related to this topic.

Types of bill of lading

1) Order. This type of bill of lading is essentially classical and provides for the following rules of legal relations: the recipient of the cargo has the right to transfer the cargo to another person. An endorsement that indicates that such a right has been exercised is called an endorsement. may be carried out several times; the number of facts of endorsement is not limited by legislation.

2) A bill of lading, which indicates that the cargo has already been accepted on board the vessel and is under the protection of this document.

3) A bill of lading that does not have reservations, additions, additional notes and conditions. This indicates that the document is clean and the product does not have defective characteristics.

4) Document with reservations. Indicates that the cargo being transported has defects that were discovered after the cargo was transferred on board the vessel. If the captain of the ship discovers visible defects in the cargo itself or its packaging, then he can thus relieve himself of responsibility for delivering goods of a quality that is not specified in the transfer order. Banks will only accept such bills of lading if the document clearly indicates what defects were found, that is, the exact reason for making additions to a clean bill of lading is indicated.

5) Negotiable. This document has the ability to pass ownership from one owner to another.

6) Nominal (non-negotiable) document. In such a bill of lading there is a clear indication of the name and surname of the person who is obliged to receive the corresponding cargo.

7) Document to bearer. Such a document is transmitted by simple delivery. I must say that this type of bill of lading is used quite rarely.

8) Linear bill of lading (transport bill of lading). Such a document indicates all the existing conditions under the contract for the transportation of goods, as well as a third party that has the right to obtain information regarding the terms of the contract by directly studying it.

9) A charter bill of lading, which is also called a freight bill of lading.

10) Through. It consists when it is much easier for suppliers and recipients to organize transportation by land or air, rather than using maritime transportation resources. This can be beneficial for a number of reasons. In addition, a sea transportation agreement often has to be concluded with several intermediaries, while with a through bill of lading, transportation can be organized with the involvement of a minimum of transport resources. This is much faster and cheaper. Only one transporter acts as an intermediary, with whom a contract of carriage is signed. This transporter takes responsibility for the transportation and shipment of a certain cargo, and during transportation is responsible for its safety and good condition, receiving freight for this - an additional payment for labor.

Details that the bill of lading must have

Like any other document, the bill of lading must be drawn up in accordance with the requirements of state standards for the preparation of legal documentation. The issuance of bills of lading is governed by the rules of the Russian Merchant Shipping Code.

• Firstly, if this is a sea bill of lading, then in this document it is necessary to indicate the name of the vessel that transports the cargo or several vessels that in the future will take responsibility for the transportation.
• Secondly, information about the sender of the goods and its transporter must be indicated.
• It is also mandatory to indicate the place where the contract was drawn up (more precisely, the place of initial dispatch of the cargo and the object where it should be shipped and transferred to the recipient).
• The route of the ship (vessels) that carry the cargo is indicated.
• The name of the individual or legal entity receiving the shipment.
• If the document is issued to a bearer, then it is necessary to indicate the data of this representative in order to secure the transfer of goods.
• It is also necessary to indicate directly the name and characteristics of the cargo that is being transported. It is important to accurately characterize its physical parameters: how much it weighs and what volume it has, give a price estimate and analyze the physical condition, fix the quantity / volume of goods.
• Specify all types of payment (freight) to be paid to the transporter.
• Record exactly where and exactly when this document was issued, as well as the number of its copies.
• An important requisite is the signature of the carrier, which may be the captain of the vessel or his representative, as well as other persons, if we are talking about a through bill of lading.

Specific features of the bill of lading

It often happens that the person who is to receive the goods is not always informed about the conditions of transportation, therefore it is necessary to prescribe in the document the procedure for all parties to act in case of an unforeseen event that may negatively affect the quality of the goods or the timing of its delivery (unforeseen weather conditions, emergencies ). In such cases, conditions for limiting the carrier's liability are stipulated - this is done for the purpose of his safety and insurance in the event of consequences beyond his control.

A bill of lading is a general document, which, depending on the type of cargo and carriers in question, has clearly defined forms. Such unified forms promote order in legal documentation and resolve some problems that may arise in the future when transporting goods.

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