Stale Bill Of Lading for United Arab Emirates

Stale Bill Of Lading Template for United Arab Emirates

This document addresses the handling of expired or late-presented bills of lading under UAE maritime law and commercial regulations. It provides a legal framework for releasing cargo without the original bill of lading while protecting the interests of all parties involved. The document incorporates specific provisions required under UAE Federal Law No. 26 of 1981 (Maritime Commercial Law) and relevant international conventions, including necessary indemnities, security arrangements, and procedural requirements for UAE ports. It ensures compliance with local UAE customs regulations and port authority requirements while managing the risks associated with cargo release without original documentation.

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What is a Stale Bill Of Lading?

The Stale Bill of Lading document becomes necessary in situations where the original bill of lading cannot be presented for cargo release, typically due to delays in document transmission or loss of the original document. Under UAE maritime law, particularly Federal Law No. 26 of 1981, specific procedures and safeguards must be followed when releasing cargo without original documentation. This document provides the legal framework for such situations, incorporating necessary indemnities, bank guarantees, and other security measures required by UAE authorities. It is commonly used in international trade transactions involving UAE ports when documentation delays occur, ensuring compliance with local regulations while protecting the interests of carriers, shippers, and consignees. The document must address specific requirements of UAE ports and customs authorities, including any special provisions for free zones or specific emirates.

What sections should be included in a Stale Bill Of Lading?

1. Parties: Identification of all relevant parties including the carrier, shipper, consignee, and bank (if applicable)

2. Background: Context of the situation, including details of the original bill of lading, reason for its staleness, and current status of the cargo

3. Definitions: Key terms used in the document including 'Stale Bill of Lading', 'Original Bill of Lading', 'Cargo', 'Vessel', etc.

4. Original Bill of Lading Details: Specific details of the original bill of lading including number, date, vessel, voyage, and cargo details

5. Acknowledgment of Non-Presentation: Formal acknowledgment that the original bill of lading cannot be presented and reasons thereof

6. Cargo Release Terms: Specific conditions and procedures for releasing the cargo without the original bill of lading

7. Indemnification: Indemnity provisions protecting the carrier against claims arising from releasing cargo without original bill of lading

8. Security Arrangements: Details of security provided to the carrier (such as bank guarantee or letter of indemnity)

9. Governing Law and Jurisdiction: Specification of UAE law as governing law and relevant jurisdiction for disputes

10. Execution: Signature blocks and execution requirements for all parties

What sections are optional to include in a Stale Bill Of Lading?

1. Bank Guarantee Provisions: Detailed terms of bank guarantee when required as additional security

2. Insurance Requirements: Specific insurance requirements if additional coverage is needed for the release

3. Port Authority Requirements: Special provisions required by specific UAE ports for handling stale bills of lading

4. Time Limit and Expiry: Specific provisions regarding the time limit for presenting the original bill of lading

5. Customs Requirements: Special provisions relating to customs clearance in absence of original bill of lading

6. Electronic Documentation: Provisions for electronic handling of documentation if applicable

What schedules should be included in a Stale Bill Of Lading?

1. Schedule 1 - Original Bill of Lading Copy: Copy of the original bill of lading marked as copy

2. Schedule 2 - Security Documents: Copies of bank guarantees, letters of indemnity, or other security documents

3. Schedule 3 - Cargo Details: Detailed description of cargo, including quantities, marks, and numbers

4. Schedule 4 - Vessel Details: Details of the vessel, voyage, and delivery information

5. Appendix A - Required Forms: Standard forms required by port authorities or customs for release without original B/L

6. Appendix B - Authorization Letters: Letters of authorization from relevant parties for cargo release

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Bill of Lading

Cost

Free to use
Relevant Industries

Maritime & Shipping

International Trade

Logistics

Banking & Finance

Insurance

Port Operations

Freight Forwarding

Import/Export

Customs & Border Control

Container Terminal Operations

Relevant Teams

Legal

Shipping Operations

Trade Finance

Documentation

Risk Management

Customs Compliance

Port Operations

Supply Chain

Maritime Claims

Customer Service

Relevant Roles

Shipping Manager

Trade Finance Manager

Logistics Coordinator

Port Operations Director

Customs Compliance Officer

Maritime Legal Counsel

Supply Chain Manager

Import/Export Manager

Documentation Specialist

Risk Management Officer

Trade Operations Manager

Cargo Release Officer

Maritime Claims Handler

Shipping Line Representative

Bank Guarantee Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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