The General People’s committee for communications And marine Transport


After having seen Law No. (81) for 1970, concerning ports, and Law No (76) for 1970, concerning the establishment of the General Libyan marine Transport Organization, and Law No.(52) for 1973, concerning the establishment of the Chambers of Shipping , amended by No . (57) 1976, and Law No. (33) for 1975, concerning the establishment of the General National Maritime Transport Company, and Law No. (13) for 1981, concerning the people’s Committees ,amended by Law No. (14) for 1984 , and the Decree of the General People’s Committed No. (878) for 1984, Concerning the Reorganization of Secretariat of the Secretariat of Communications and Marine Transport.
And the Decree of the Minister of Communications No. (165) for 1973, Concerning designation of the duties and the headquarters of the Chambers of Shipping .
And the Decree No.(1) for 1975, issued by the General Libyan Marine Transport Organization , Concerning the Agency Regency Rights Tariff .
And the two Decrees of the General People’s Committee Bos.(288) And (237), Concerning the Establishment of Germa and Shahat Shipping And Stevedoring Companies,
And the Decree of the General People’s Committee for Communications And Marine Transport No.(429) for 1987, Regarding the Resumption of The activities of the two Chambers of Shipping.

D E C I D E D

Article (1)
The Agency Rights Tariff Concerning accounting fees between the shipping agents and the shipowners , chatterers and operators , in accordance with the attached table for the works and services rendered by the shipping agents to the ships and marine units calling the Jamahiriya sea ports .

Article (2)
The Decree NO.(1) for 1975 , concerning the agency Rights Tariff issued by the General Libyan Marine Transport Organization shall be annulled .

Article (3)
The two chambers of shipping and the shipping agents shall implement this Decree , which shall be in force as from Its of April , 1988.

Signed ,
The General people’s committee For communications and marine Transport .
Issued : 27 th Jumada Al Akher 1397 W.R.
15 th February 1988 A.D


Shipping Agency Rights Tariff Accounting fees



Clause (1)
The shipping agent shall collect from Ship owner , Chatterer or any other party in the capacity thereof for the protection of the ships interest per each voyage to any one port . the following fees :

1) Vessels GRT until 2001 L.D 125,000
2) Vessels GRT 2000 and over 175,000
3) Oil and oil products tankers until 30,000 Gross Metric Tons. 300,000
4) Oil and oil products tankers 30,001to100,000 Gross Metric tons 450,000
5) Oil and oil products tankers 100,001Gross Metric Tons and over 600,000

Clause (2)
The shipping agent shall collect from the ship owner or chatterer , the following percentages :

1) On sea freight value in respect of export . goods which are not locally produced or manufactured, booked through the shipping agent , 10%
2) On sea freight value in respect of locally produced or manufactured goods upon export 3%
3) On sea freight in respect of export goods not locally produced or manufactured , booked through the ship owner or any other party in the capacity there of . 3%
4) On net sea freight in respect of goods imported from Mediterranean ports , 4%
5) On net sea freight in respect of goods imported from non – Mediterranean ports
3%
6) On value of passenger tickets booked through the agent . 10%
9) On demurrage (delay) on ships to be deducted from ship owner or chatterer prior to Trans for . 5%
10) On payments effected by the agent on behalf of owner of chatterer in the event of
of having a debtor account with the agent . 10%
Oil tankers shall be exempt from paragraph (2) of above clause .

Clause (3)
The shipping agent shall collect from the ship owner or any other party in the capacity thereof , the following expenses , against assessment , tally sorting and supervising of the discharged of loaded goods :

1) For goods shipped on conventional ships per weight ton of bagged . cargo such as grain or fodder. 0.150 LD
2) For general cargo and goods shipped on RO / RO ships per ton or cubic meter whichever is greater . 0,100
3) For bulk grain and bulk goods per ton . 0,050

Oil tankers shall be exempt from above clause .

Clause (4)
The shipping agent shall collect , against supervision of containers , trailers and equipment , keeping register of same , follow – up , storage and handling of same at the agent’s area until reshipment , the following fees :-

1) Per 20 feet container or trailer per day , minimum LD 15,- ( fifteen ) 0,500
2) Per 40 feet container or trailer per day , minimum LD 30,- (thirty ) 1,000

Clause (5)
1) For general administrative services relative to the cargo documents . 50,000
2) For receipt and clearance of airway bills to lattice to documents , per airway bill . 15,000
3) Revenue and mail stamps . 20,000
4) Cables , the actual cost + . 10%
5) Telexes sent through the agent’s telex machines , per minute , minimum L.D.20,-
(twenty) per voyage . 1,000
6) Use of transport means much as cars in the commercial ports , per day as from the date of ship’s entry in to the inner harbor , maximum . L.D 200,- ( two hundred ) per
voyage . 15,000
7) Use of transport means in the oil terminals , per day as from the date of ship’s entry in to the inner harbor , maximum L.D 200,- ( two hundred ) . 20,000
8) Overtime per day oil tanker , after two days of berthing . 50,000
9) Use of agent’s boat outside harbor basin , per voyage . 15,000
10) Use of agent’s boat outside harbor basin , per voyage . 25,000
11) Medical exam per person excluding pries of medicine . 5,000
12) Formalities of crew members repatriation or joining , per person excluding travel and accommodation expenses . 25,000
13) Custom formalities , per voyage . 25,000
14) Formalities of sea protest submitted by the master , in addition to actual expenses
5.000
15) Formalities of ship’s redelivery to owners , in addition to actual expenses . 20,000
16) Supplies and medicines , the actual value + . 10%
17) Bank services and any other expenses or services , the actual value + . 10%
18) Protecting agent’s expenses , per voyage per port . 200,000
19) In case of reshipment of goods arriving in the Libyan Ports, to a port other than
the original port of shipment , in addition to the actual expenses . 25,000
20) Use of discharging gear . actual value
21) Cleaning of quay . actual value
22) Loading and discharging charges . actual value
23) Cleaning of ship’s holds . actual value
24) ship’s dues . actual value


Clause (6)
1) The shipping agent shall collect from the importer ( receivers ) per delivery order is sued , 10,000LD .

 

GENERAL RULES  


1) The ship owner in the implementation of this tariff , shall be held responsible for
any financial obligations arising from the ship’s activity , even if otherwise
stipulated in the respective charter party.

2) The ship owner shall not have the right to divide the stipulated charges and fees as
per this tariff .

3) Shall be considered as ship any floating marine unit undertaking maritime activities
or executing any contractual works .

4) Shall be subject to legal action any ship whose owner or any other party in the
capacity therefor , in case he submits incorrect date with regard to sea freight
earnings for voyage , or any other relevant information .

5) The ship agent shall be the legal channel through which the ship master and crew
members are to be contacted .

6) The charges and fees set decided by the companies operating the oil terminals , shall be considered obligatory and shall constitute an integral part of this tariff .

7) Ship owners or any parties in the capacity thereof , shall submit the freight manifest stating the freight value , to the agent upon ship’s arrival .

8) The ship agent shall submit copy of ship owners and chatterers statement of account , also of each voyage disburse meant account , to the respective chamber of shipping which the port falls under the jurisdiction of .

9) The stipulated fees and charges shall in no way be subject to increase or decrease , in the event of confirmed such violations on the part of the ship agent of the ship owner and chatterer , the party causing this violation shall be subject to legal action .

10) For public interest requirements , exemption from the preceding paragraph can be applied subject to advance approval of the General people’s committee for communications and Marine Transport.

 


SHIP AGENTS DUTIES
 



1) The ship agent undertakes to render all the services required by the ship and its crew members within the limits of the laws and regulations in grouse in the great Jamahiriya . He also undertakes to render all the services required by the sea – ports administration concerning the ship’s operations .

2) The ship agent undertakes to bear all legal response – belittles on behalf of the carrier in accordance with the Libyan maritime code and the international agreements .

3) The ship agent shall appoint assessment clerks – tally – and sorting clerks – in each ship hold during loading and discharging operation for tallying the discharged goods to enable assess the liability for damage , loss and destruction , in consideration that the carrier or ship owner is responsible for all cargoes until their delivery in the discharge port in the same condition they were received in the loading port , as per the provisions of the Bills of lading , provided that an inventory of such cargoes shall be submitted immediately – Tele upon the completion of the discharge of loading operations , with in a maximum period of 24 hours . These inventories (( sheets )) shall not be recognized until after they are certified and approved by the competent parties in charge of loading and discharging operation in the respective port . The ship shall bear the wages there of these tally and sorting clerks , regardless of the shipping terms with the exception of cases when the receivers and shippers accept to bear such expenses .