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Key Definitions

AFAMT Key Definitions

Under Article 1 of the ASEAN Framework Agreement on Multimodal Transport (AFAMT), there are a number of key definitions, these are:

  • “Carrier” means the person who performs or undertakes to perform the carriage, or part thereof, whether he is identical with the multimodal transport operator or not.
  • “Competent national body” means the body designated by each Member Country.
  • “Consignee” means the person entitled to receive the goods from the multimodal transport operator.
  • “Consignor” means the person who concludes the multimodal transport contract with the multimodal transport operator.
  • “Deliver”, “Delivered” or “Delivery” means
    • The handing over of the goods to the consignee, o
    • The placing of the goods at the disposal of the consignee in accordance with the multimodal transport contract or with the law or usage of the particular trade applicable at the place of delivery, o
    • The handing over of the goods to an authority or other third party to whom, pursuant to the law or regulations applicable at the place of delivery, the goods must be handed over.
  • “Goods” means any property, as well as containers, pallets or similar articles of transport or packaging not supplied by the multimodal transport operator, irrespective of whether such property is to be or is carried on or under deck.
  • “In writing” includes telegram, telex, fax or any other means which prints, records, repeats or transmits messages by mechanical, electronic or any other kind of instrument or apparatus intended for such purposes.
  • “International multimodal transport” means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract from a place in one country at which the goods are taken in charge by the multimodal transport operator to a place designated for delivery situated in a different country. The operations of pick-up and delivery of goods carried out in the performance of a unimodal transport contract, as defined in such contract, shall not be considered as international multimodal transport.
  • “Mandatory law” means any law or international convention forming part of the national law relating to the carriage of goods, the provisions of which cannot be departed from by contractual stipulations detrimental to the consignor or consignee.
  • “Member Country” means one of the ASEAN countries.
  • “Multimodal transport contract” means a contract whereby a multimodal transport operator undertakes, against payment of freight, to perform or to procure the performance of international multimodal transport.
  • “Multimodal transport document” means a document which evidences a multimodal transport contract, the taking in charge of the goods by the multimodal transport operator, and an undertaking by him to deliver the goods in accordance with the terms of that contract.
  • “Multimodal transport operator” means any person who, on his own behalf or through another person acting on his behalf, concludes a multimodal transport contract and who acts as a principal, not as an agent of or on behalf of the consignor or of the carriers participating in the multimodal transport operations, and who assumes responsibility for the performance of the contract.
  • “Registration certificate” means the document issued by the competent national body establishing that the multimodal transport operator is included in the register of multimodal transport operators and authorizing him to act as such.
  • “Special drawing right (SDR)” means the unit of account as defined by the International Monetary Fund.
  • “Taken in charge”, “Taken the goods in his charge” or “Taking in charge” means that the goods have been handed over to and accepted for carriage by the multimodal transport operator.

Other Key Definitions

  • ASEAN Freight Forwarders Association (AFFA), is an organisation established to
    • unify all freight forwarders in the ASEAN region through national forwarders associations;
    • foster, promote, develop and maintain close cooperation between and among freight forwarders in the ASEAN region;
    • represent members in their collective interests in relation to freight forwarding matters peculiar to the ASEAN region; and
    • improve the quality, standard & professionalism of freight forwarders in the ASEAN region
  • Association of South East Asian Nations (ASEAN), is a regional intergovernmental organisation comprising ten countries in Southeast Asia, which promotes intergovernmental cooperation and facilitates economic, political, security, military, educational, and sociocultural integration among its members and other countries in Asia. There are currently 10 member countries, those being Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.
  • Incoterms inform sales contracts defining respective obligations, costs, and risks involved in the delivery of goods from the seller to the buyer, but they do not themselves conclude a contract, determine the price payable, currency or credit terms, govern contract law or define where title to goods transfers.
  • International Chamber of Commerce is the largest, most representative business organisation in the world. Its 6 million members in over 100 countries have interests spanning every sector of private enterprise. ICC has three main activities: rule setting, dispute resolution, and policy advocacy.
  • International Monetary Fund (IMF) is an organisation consisting of 189 member countries that works to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world.

 

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