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Freight Forwarding: Moving Goods & Managing Risk

Freight forwarders oversee the worldwide movement of cargo, packing, documentation and customs clearance, on behalf of importers and exporters.


Overview of freight forwarding

 

Freight forwarding is a service industry that involves moving goods around the world on behalf of importers and exporters. Freight forwarders specialise in moving cargo. They also arrange customs clearance of goods, maintain all documentation, oversee cargo packing and will at times deal with the movement of dangerous goods.They can be a very efficient way of getting freight from A to B, as they already have long-standing relationships with carriers and can handle all the negotiation and paperwork involved in transportation for you.

They also offer the benefit of being able to consolidate several goods from various different consigners, so if your goods only add up to a part load, they can be grouped with others to send off in a full shipment. This process is known as groupage and could not only save you money, but also makes the shipment more efficient and reduces its environmental impact.

In many countries, freight forwarding firms are required to hold a licence issued by the government or the relevant border services agency. No such licensing regulation applies in the UK, though many companies are members of the British International Freight Association.

If you’re unfamiliar with the industry and are looking for reassurance on the quality of service that will be delivered, check user account profile pages for membership of any professional associations such as this one. While it’s not a guarantee of top quality service, it does serve as a useful indicator that certain standards will be expected to be upheld.

If you have any big, bulky items or large volumes of packages that you need to organise deliveries for, you may well have looked into using freight forwarding companies to assist you with this.

Using a forwarding agent can be especially useful for small businesses that need to organise multiple bulk deliveries from suppliers to the point of sale, or from their own warehouses direct to the customer.

HGV Alliance has a number of freight forwarding agents registered the HGV Alliance load platform posting loads for you.


This guide gives you information on the business of freight forwarding and identifies the key issues surrounding the moving of goods.


Customs and frontier controls

 

Organisations such as HM Revenue & Customs (HMRC), the Department for Environment, Food and Rural Affairs (Defra) and the Rural Payments Agency have an interest in UK frontier or border controls. Many products crossing the UK frontier will be subject to some types of licensing and control - some products may be prohibited from entering at all.

One of a freight forwarder’s main functions is to arrange customs clearance of goods crossing the frontier. Freight forwarders can do this themselves, or subcontract it to a company that specialises in customs broking.

In order to provide customs services, the freight forwarder needs to have sufficient funds available to handle the bonds and guarantees required for duty and taxes payments. He or she also needs specific software that can communicate with the HMRC central computer. Nearly all the HMRC functions are now electronic, and special software for reporting and payments is necessary.

 

The UK Trade Tariff

 

The ‘Integrated Tariff of the United Kingdom’ sets out the duties and measures affecting the import, export, and transit of goods to and from the UK and consolidates UK-specific data with the European Union TARIC data.

 

Trade Tariff: look up commodity codes, duty and VAT rates

 

Commodity codes classify goods for import and export so you can:

  • fill in declarations and other paperwork
  • check if there’s duty or VAT to pay
  • find out about duty reliefs

 

Find commodity codes and other measures applying to imports and exports by accessing the gov.uk online UK Trade Tariff tool.

Start Now

 

Before you start

 

If you’re not sure how to classify your goods, check how to find the right commodity code.


International trade documentation for freight forwarders

 

Documentation is a requirement in international trade and for moving goods. Well-ordered and accurate documents are essential for a freight forwarder and are required for a successful export order and receipt of payment for delivery. Freight forwarders need to know exactly what document is required and when.

When preparing to move goods, the freight forwarder must first receive clear instructions from the importer or exporter - ideally well in advance of the goods being moved. These should be in writing and can be done via email or fax. However, the shipper will often hand the paperwork over to the driver collecting the goods, which is standard practice for air freight. If any instructions are taken over the telephone, they should then be confirmed to the customer in writing to avoid any later problems.

Other documents that are provided by the importer or exporter include invoices, packing lists and licences. Responsibility for hazardous goods declarations also lies with the shipper.

 

Each mode of transport will have its own document of carriage, such as the:

  • air waybill - for air freight
  • bill of lading - for sea freight
  • CMR consignment note - for road freight

 

The issuer of these documents may differ, but freight forwarders need to be familiar with them and their individual procedures.

Freight forwarders should also understand documents that relate to customs clearance at import and export.


Packing goods for export and deciding on packing materials to be used

 

Packing goods for export requires specialist knowledge and is a service that a freight forwarder can offer.

When deciding on packing for a piece of cargo, the freight forwarder needs to ensure that the goods are received in the same condition as when they left the consigner, warehouse or factory. They must also bear in mind the ease of handling, risks in transit and delivery and protection from unauthorised access and the environment. Customers should be advised - as early as possible - to consider the fragility of the goods and plan the packing for any specific risks in transit. Over-packing can add unnecessary costs that might incur extra costs on the product.

Wood used for packing is subject to international legislation. Many countries require phytosanitary - plant health - certifications to show that the wood has been fumigated. Countries such as China, New Zealand and Australia have very strict controls over the use of packing materials. Waste wood used in containers for securing cargo is also subject to the same regulations. Not being aware of this could prove costly if the container has to be returned to the port of origin for re-packing.

Freight forwarders also need to be aware of legislation over the safe disposal of the materials used for packing goods.


Freight forwarders’ regulations for moving dangerous goods

 

Transporting dangerous goods is covered by national and international legislation. A freight forwarder might not come into direct contact with the goods, even though they will be passing on the documents and instructions to those who are. The documents must be prepared accordingly and the goods must be packed appropriately.

Even if you decide not to handle consignments of dangerous goods, you need to recognise them if they are presented for carriage. There are many products that have a danger classification and it’s not always possible to know this from the name of the product. For more information see the guide on hazardous substances and the environment - the basics.

The manufacturer or shipper has the prime responsibility for correctly classifying, packing and documenting dangerous goods. However, if the freight forwarder is loading these items into containers or onto pallets, they should be aware of dangerous goods and each aspect surrounding their movement. The British International Freight Association (BIFA) runs specialist training courses on dangerous goods. View a list of BIFA courses on dangerous goods on the BIFA website.

Each mode of transport has its own compliance requirements regulations. As multimodal transport specialists, forwarders are required to have a professional understanding that the carriage of dangerous goods is subject to compliance with national and international regulations including:

  • Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (CDG 2009) which apply to the carriage of dangerous goods by road, rail and internal EU waterways
  • European Agreement concerning the International Carriage of Dangerous Goods by Road known as ADR and incorporated into CDG 2009
  • International Maritime Dangerous Goods Code
  • International Civil Aviation Organisation (ICAO)

 

Freight forwarders and cargo agents, packers and others involved in the preparation and shipping of dangerous goods must undergo recurrent training to ensure that their consignments are in compliance and will be quickly and easily accepted by airlines.

In addition, those involved in international shipping need to be aware of safety and security requirements that now apply.


Get an EORI number

 

You need an EORI number to move goods between the UK and non-EU countries.

If you do not get one, you may have increased costs and delays. For example, if HM Revenue and Customs (HMRC) cannot clear your goods you may have to pay storage fees.

 

From 1 January 2021

 

You’ll need an EORI number that starts with GB to move goods in or out of the UK.

If you already have an EORI number that starts with GB, you can continue to use it. It will be 12 digits long. If you’re registered for VAT it will include your VAT registration number.

 

You’ll not usually need an EORI number if you’ll only:

  • provide services
  • move goods between Northern Ireland and Ireland

 

If you use a post or parcel company to move goods, they’ll tell you if you need an EORI number.

You’ll need an EU EORI number if your business will be making customs declarations or getting a customs decision in the EU. Get this from the customs authority in the EU country where you submit your first declaration or request your first decision.

 

Before you apply

 

To apply you may need your:

  • VAT number and effective date of registration - these are on your VAT registration certificate
  • National Insurance number - if you’re an individual or a sole trader
  • Unique Taxpayer Reference (UTR) - find your UTR if you do not know it
  • business start date and Standard Industrial Classification (SIC) code - these are in the Companies House register
  • Government Gateway user ID and password

 

If you need a Government Gateway user ID, use either:

  • the one for your business or organisation
  • your own if you’re applying as an individual

 

If you do not already have a user ID, you’ll be able to create one when you apply.

 

Apply for an EORI number

 

It takes 5 to 10 minutes to apply for an EORI number. You’ll get it either:

  • straight away
  • within 5 working days (if HMRC needs to make more checks)

 

Start Now

 

What you need to know

 

You can check the status of an application you have already made.

You may have to wait 48 hours to use your EORI number for customs declarations in the Customs Handling of Import and Export Freight (CHIEF) system.

 

If you need help

 

Forgotten or lost EORI number

 

You can contact the EORI team online.

 

Other problems getting an EORI number

 

You can contact the EORI team online or by phone.

Telephone: 0300 322 7067

Monday to Friday, 8am to 6pm (closed bank holidays)

Find out about call charges


Freight forwarding: managing risk

 

Understand how trading conditions and insurance can limit the financial risk for freight forwarders.


Overview of freight forwarders’ responsibilities

 

Freight forwarders provide transport solutions to businesses wanting to send packages, crates and containers from one country to another.

Forwarders act on behalf of importers and exporters to get their client’s goods to their destination on time and in good condition. This means booking cargo with shipping lines, airlines, rail or road carriers. Some freight forwarders have their own road transport and may carry the goods themselves.

A forwarder’s other responsibilities include preparing and checking bills of carriage, arranging insurance, ensuring the lowest possible customs charges are levied and, where necessary, arranging storage.

This guide shows how trading conditions and insurance are used to limit the financial risk for forwarders. It also explains international trade finance and international commercial terms.


Trading conditions and limiting liability for freight forwarders

 

All businesses are subject to a wide range of statutory regulations, for example employment law, health and safety, public liability and accounting standards. There are also legal issues which specifically affect freight forwarders and their customers.

The role of the freight forwarder is to make arrangements which enable goods to travel from seller to buyer. This often involves a journey of several thousand miles, using more than one mode of transport.

There must have been a sale and contract agreed between a seller and buyer for the supply of goods before a freight forwarder is needed. Many of the elements of this contract impact directly on the nature and detail of the contract eventually agreed between the forwarder and their client, which could be the seller or buyer of the goods.

 

Trading conditions

 

To make sure the client and the forwarder fully understand, and agree on their responsibilities in the transportation process, the client must be made aware of the forwarder’s trading conditions. This needs to be done before details of the contract are agreed, ideally at the quotation stage.

Trading conditions establish the circumstances under which any service is provided and usually include limiting the forwarder’s liability in the event of a claim against them. Failure to do this could leave the forwarder with unlimited liability, which could prove costly.

 

Trading conditions also:

  • make sure the client knows their goods are not automatically insured
  • provide safeguards to help make sure the forwarder is paid once the job is done
  • protect the forwarder if the client fails to fully disclose the contents of a consignment, eg hazardous material or goods of an exceptionally high value

 

Forwarders who are members of the British International Freight Association (BIFA) will often base their contract on the BIFA 2005 Standard Trading Conditions. These conditions are for the exclusive use of BIFA members and a forwarder must join BIFA before they are allowed to use them. This is an easier and cheaper option than paying a solicitor to draft separate conditions for each contract.

Despite being able to limit liability, the freight forwarder still has some level of responsibility for loss and damage to goods.

 

Conventions

 

All transport is subject to national and international laws, and each mode has its own legal regulations that limit the liability of the carrier. These conventions play a similar role to trading conditions.


Freight agents: avoiding the risk of Customs Civil Penalties when arranging exports

 

Freight agents act as third parties in arranging exports on behalf of exporters. These agents are advised to ask for certain information from the exporter so they do not face the risk of Customs Civil Penalties (CCPs). CCPs could apply because freight agents, as representatives of exporters, also hold responsibility for the accuracy of information in documents and/or the authenticity of documents attached to a shipment.

 

HM Revenue and Customs (HMRC) recommend that freight agents should routinely request the following information from exporters:

  • their UK Economic Operator Registration and Identification (EORI) number (this used to be TURN) for use in box 2 of the declaration
  • details of whom the goods are to be consigned to, their name and address in full
  • a commercial reference that can be incorporated into the Declaration Unique Consignment Reference (DUCR) to assist with the export audit trail
  • details of where the goods are to be exported, ie country of final destination
  • shipping or flight details (if known)
  • correct value of goods and correct currency code
  • the Commodity Code if known, and a clear and unambiguous description of the goods, their quantity, marks and numbers
  • any reference numbers already issued by HMRC, for example Inward Processing Relief, Outward Processing Relief authorisations or previous declarations should also be provided

 

If the goods have been imported, or are later to be re-imported to a Customs Relief, you need to know so that the correct export procedure code (CPC) can be applied. If an incorrect CPC is used, it can lead to any customs relief on duty and VAT granted at import, being liable for payment/repayment by the exporter or yourselves. If the appropriate CPC is known, then this should be quoted on the export papers supplied by yourselves yet, as specialists, you may still wish to verify that the code quoted is correct.

 

After checking all the information provided by the exporter, you should also:

  • Where a UK EORI number is not provided, confirm that the exporter is not registered and give consideration to the correct procedure to be used for the goods - ie is the export a private export or, if commercial, should the exporter first get an EORI number? Incorrect use of PR or UNREG terms may restrict your clients’ ability to zero rate their goods for VAT purposes.
  • Check that the destination is a third country and not a EU member state. Many exporters are unaware of which countries are members of the EU and look to their agents to confirm whether the goods qualify for export.
  • Ensure that an item is entered for each Commodity and not bulked for convenience.
  • Ensure that a declaration is made for each exporter and not bulked for convenience sake (unless approved to do so within Memorandum of Understanding (MoU) approved procedures). Where identity of the exporter cannot be confirmed, VAT zero rating may be affected. For more information on using an MoU, see the guide on International Trade Fast Parcel Operators.
  • When receiving details from your customers, please use any DUCR provided. If a DUCR is not provided then the guidance in the tariff should be followed. In the air environment, air waybill (AWB) numbers are often used in the latter part of the DUCR yet in other freight areas it is helpful, for audit purposes, to use exporters commercial reference(s).

 

Owing to the increased use of official electronic records by HMRC, they strongly recommend that, to help exporters, the actual DUCR or Master Unique Consignment Reference (MUCR) used or the CHIEF Export Entry Reference (EPU, Entry Number and Date) is notified to your clients. HMRC need to be able to trace the shipment through the traders’ records to enable them to help verify claims for VAT zero rating on exports.

Many shipments are notified via inventory booking references so these are also worth confirming with port loaders. Where goods have been consolidated, the higher level MUCR should always be used.


The importance of insurance for freight forwarders

 

When a freight forwarder is entrusted with someone elses goods, they become legally responsible for taking all the necessary steps to protect and preserve that consignment. This means the forwarder is liable to the owner for any subsequent damage or loss.

The forwarder is legally entitled to limit the amount they are liable for, provided that these trading conditions have been agreed in advance.

Where goods are lost or damaged, it is possible that someone, during the transportation, has been negligent. If there has been negligence, there is likely to be a demand for compensation. The damage or loss might not have been the fault of the forwarder, but if it was caused by someone the forwarder is responsible for, for example a subcontractor, they will be liable as if it were.

 

Forwarding is not just about handling cargo, much of it is about using and providing information. For example, forwarders should know:

  • when a certain ship is due to leave
  • a country’s import regulations
  • the current rate of duty for a particular product

 

If forwarders get this information wrong, and a client relying on its accuracy suffers a loss, the forwarder could be liable. They can use their trading conditions to limit the amount of compensation they will be liable for in the event of such mistakes.

To protect themselves against risks, forwarders can take out insurance to help cover any compensation they may become liable for.


Types of insurance for freight forwarders

 

Liability and marine insurance are the two important types of cover for freight forwarders to consider. Forwarders must have public liability insurance - like any other business - and employer’s liability insurance, if they have staff. It’s also advisable to insure any premises owned, along with their contents.

 

Liability insurance

 

All freight forwarders should have liability insurance cover. This offers protection from the types of compensation claims outlined further down in this guide.

Policies are available from a wide range of brokers, although a specialist insurance broker with experience of the relevant insurance policies is advisable for freight forwarders. Liability insurance does not insure the goods themselves - this is usually the responsibility of the buyer or seller.

 

Marine insurance

 

This covers the loss or damage of goods being transported internationally. Marine insurance policies also cover air, road and rail transport.

Because freight forwarders and carriers are entitled to limit their liability, owners of goods who don’t insure them during international transport will only be entitled to a fraction of the goods’ real value. Many freight forwarders carry their own marine insurance policies so that when requested by their customer they can provide it as an added value service.

 

International trade finance

 

Freight forwarders play a crucial role in making sure the seller receives payment from the buyer.

For example, if the terms of payment are cash on delivery, it could be the forwarder’s responsibility to ensure that this money is collected when the goods are delivered. In other cases, the forwarder can help payment by ensuring the correct documents are in the right place at the right time.

Sellers can often be trading with buyers thousands of miles away whose financial stability is unknown. Because of this, international financial institutions have developed specialist procedures that allow exporters to do business safely - knowing they will be paid on time and in full.

Forwarders must understand these processes so that their provision of well ordered and accurate documents help the smooth, swift and secure transport of the goods, and ensure that payment is unhindered.

 

Letters of credits/documentary credits

 

One of the best-known payment processes is a letter of credit - also known as a documentary credit - which provides security to both the seller and the buyer through the international banking system.

The rules governing documentary credits are set out in the publication Uniform Customs and Practice for Documentary Credits (UCP) 600, which is drawn up by the International Chamber of Commerce (ICC).

Among the many benefits of the UCP is the standardisation of its terms and conditions. International trading and banking sectors need assurances that the terms are easily recognised and accepted in all parts of the world for all methods of trading.

 

Managing the risks of freight forwarding

 

Freight forwarders have within their care - or control - goods and documents owned by third parties that often represent large sums of money. This means good risk management is important in running a successful forwarding business.

Freight forwarders can limit their liability and cover some of the risks with insurance policies. It can be easy to invalidate the benefits of limited liability through carelessness or ignorance. Also, some risks are uninsurable - for example losses caused by terrorism.

Risks can never be eliminated completely, but with good practices and training, they can be minimised to acceptable levels. This reduces the likelihood of unwanted claims that could severely reduce profits.

It is important that forwarders bring their trading conditions to the attention of the customer before the contract is concluded. Failure to do so could prejudice insurance cover and invalidate the protections of limited liability.

 

Other areas of the business where a forwarder needs to establish clear procedures - which are understood by any staff involved - include:

  • getting written instructions from customers
  • controls over the issue and release of documents
  • managing subcontractors - ideally involving written contracts
  • handling dangerous goods
  • cargo security
  • insurance claims

International Commercial Terms for freight forwarders - Incoterms

 

A freight forwarder’s business relies on goods being sold - this must have taken place before the freight forwarder gets involved. Hopefully, the seller and buyer will have entered into a contract that makes it clear who’s responsible for the cost of moving the goods and any other charges that arise from this process.

A set of international sales terms have been devised by the the ICC to remove the uncertainties of different interpretations of terms in different countries. These terms, which are used to divide transaction costs and responsibilities between buyer and seller, are known as Incoterms.

Whilst these Incoterms help to resolve many disputed interpretations, it is usually left to the freight forwarder to interpret them. For this reason, every forwarder must have a clear understanding of the application and interpretation of Incoterms to be able to give advice to customers.

It’s important to understand that Incoterms only cover the contract of sale between the seller and the buyer - setting out responsibilities and obligations of both parties over the delivery of the goods. Incoterms do not apply to the contract of carriage - a common assumption which can cause confusion.

Another misconception is that Incoterms are completely definitive and cover all the duties of the parties. This is not the case - very often the seller and the buyer have to agree who will pay what of any additional costs incurred.

There are 13 approved Incoterms. These range from ‘Ex Works’ - where the buyer is responsible for the costs in the entire transport chain - to ‘Delivered Duty Paid’ - where the seller is responsible for all these costs.

Despite the use of Incoterms, there are still differing interpretations or practices that exist in some parts of the world. Some Incoterms have been designed for particular modes of transport, eg ‘Cost, Insurance and Freight’ is intended for use solely when goods are transported by sea.

A copy of the latest version of ‘Incoterms 2000’ is available from the ICC and is recommended reading for all freight forwarders.


Source: Gov.ukDepartment for Business, Innovation & Skills


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