Libyan arab jamahyria
General peoples committee
Service section

Decree from the assistant secretary of the service section nr ( 328 / 2004 ) concerning the regulations and tariff of the shipping agents .

After revising all the concerning commercial and maritime laws .
It has been decided

The shipping agent is the legal party to communicate with the shipowner , chartrters ships masters or any crew member, and represent the owner and all concerning parties in all responsibilities according to the egal applicable laws and regulations .

The shipping agent shall charge for his services tendered to the ship his fees as stated in the attached tariff and he has the right to use any means to collect the said charges without delay or partition .

The ship agent is obliged to tender all services required by the vessel and her crew during her stay in the port by all the available customary means and he is obliged to forward all informations and details requested by the competent authorities in the ports, regarding the vessel and her shipment within their lawful authorities .

The ship agent must appoint sufficient talymen for every vessel for the period of loading/discharging to check and control the cargo in the events of shortage/damage and forward to the concerning parties in the port a final report within (24 hours) from completion of loading/discharging to be confirmed (signed) .

The ship agent is obliged to forward copies of the disbursment accounts to the chamber of shipping to check and audit periodocally in no more than three months with the income percentage as stated in decree nr (657/89) issue by ministry of transport (formerlly) .

The shipowners are obliged to forward the freight manafist to their shipping agent at least 24 hours before the arrivale of the vessel and failling to do so will hold the vessel liable for legal actions .


The vessel will bear the cost of the tallymen whatsoever the conitions of carriage unless there is an agreemant between the shiper and receiver .

The agent is not liable for any fine he is not directly responsible and if he was fined he has the right to ask the chamer of shipping to intervene with the concerning parties according to the charter of the chamber of shipping . Also the vessel should not be liable for any fined caused by the agent .

The attached tariff should be concedred as service expenses for the operators of the oil and gas ports , with the concerning parties .

The tariff mentioned in the second article of this decree should not be callculated higher or lower and whoever do so will be legally liable according to the commercial regulations of the country .

In case of a any breach of the third and fifth articles, the competant authorities in the transport and communication board or whoever take their place shall take all the necessary actions to protect the general interest .

The deceree nr ( 66 ) for 1988, of the generals peoples committee for transport, regarding agency fees will be null and void .

This decree and agency fees tariff will be valid form the date of issue and will be poblished .

 

     


The assistant secretary for services section
General peoples committee
Tripoli 09-02-2004




The chart of agency fees to be charged and callculated between shipping agents and shipowners / charteres / operators :-


Articale one

The shipping agent shall collect from the shipowner / chartere / operator the following fees for every visit of the ship to each port .

Vessel up to 2000 tn nrt. 500 ld.
Vessel from 2001 tn and over net. 700 ld.
Tankers up to 30000 tn SDWT 1200 ld.
Tankers from 30001 tn up to 100000 tn SDWT 1800 ld.
Tankers over 100000 tn SDWT 2400 ld.


Article two

The agency shall collect from shipowner / charterer / operator the following commission percentages :-

1- From the total freight of the cargo exported and not
Manufactured locally and booked by the agent . ( 10%) .

2- From the total freight of the cargo exported and manufatured locally with the wxmption of oil tankers .
( 3% ) .

3- From the total freight of the cargo exported and not manufactuted locally and bookd by the shipowner / charterer / operator . ( 3%) .

4- From the total freight of the cargo loaed from the mediterranen ports . ( 4% ) .

5- From the total freight of the cargo loaded from outside mediterrancean ports . ( 3% ) .

6- From the passengers tickets bookd by the agent . ( 10% ) .

7- From the total detintion fees of the containers / trailers, etc ( 5% ) .

8- From the total freight collected by the agents locally
( destenayion ) ( 5% ) .

9- From the total demurrage and will be deducted by the agent . ( 5% ) .

10- For any payment made by the agent on behalf of the shipowner / charterer / operator when the later in debit account . ( 10% ) .

Article three

The shipping agent shall collect from the shipowner the following fees for the tallying / wieghing (loaded/discharged cargo) .

1- Cargo loaded on conventional vessels in bags such as grain / anemal feed etc . Per mt ld. 0.600

2- General cargo on ro/ro vessels per per cbm / mt which is higher . Ld. 0.400

3- Bulk cargo ld. 0.200

4- Tankers will be exempt . 000

Article four

The shipping agent shall collect the following fees for the supervising / following up / storage / handling registering of the countainers / trailers / equipment`s until the reloading on the vessels .

1- Container / trailer 20 ft for each day with minimum of 60 ld.
Ld. 2

2- Containers / trailers 40 ft for each day with minimum of
120 ld. Ld. 4

Article five

1- for documentations of per call ld. 200

2- receiving / clearing a.w.b.s for each b/l . Ld. 30

3- For tax stamps . Ld. 40

4- For cables/telegrams actual cost + 10% .

5- For the use of telex with minimum of ld. 20
Per minute ld. 2

6- For the use of car in the commercial ports from the day of vessel entry with maximum 600 ld. Per day ld. 30

7- For the use transport in special ports from the day of vessel entry with maximum 600 ld. Per day ld. 40

8- Overtime for every day after two days from berthing
( for the tankers) ld. 100

9- When using the agents boat inide the port per trip. Ld. 30

10- when using agents boat outside the port per trip. Ld. 100


11- medical services for each crew memper without the cost
Of medicine . Ld. 10

12- repatriation of crew members without the cost of travel
And accommodation per member . Ld. 25

13- for customs formailties per call ld. 25

14- For any claims on shortage or damege following marine
Cliam procedes . Ld. 100

15- Formalities of sea protest submitted by the master, in
Addition to actual expenses . Ld. 10

16- Formalities of ship`s redelivery to owners , in addition to
Actual expen ses . Ld. 40

17- for provisions and midecines .
Actual expenses plus . Ld. 10

18- any bank charges or any other services .
Actual expenses plus . Ld. 40

19- expenses as protecting agent, per call . Ld. 600

20- for handling of transit cargo with actual
Expenses ld. 50

21- use of discharging equipment`s actual cost

22- cleaning of quayside actual cost

23- discharging / loading exp actual cost

24- cleaning of the vessel . Actual cost

25- port dues . Actual cost


Article six

1- The agent shall collect from receivers

Cables/telegrams ld. 5
Delivery order ld. 10