Avocet Clearance Limited’s Post

Hey Federal Maritime Commission - I have to call you guys out on this. It's been over 8 months since we've heard anything more about the "refunds" the government's sponsored "Charge Complaint" process has secured. Did you know last month alone I recovered $5 million for my clients. This press releases indicates you guys helped secure only $1 million. Don't you have like 300 people doing this? I did $5 million by myself. Transparency in government? Where's that at? https://lnkd.in/g7DNHj_5 #oceanfreight #government #shipping #supplychain #logistics #freightaudit

The English High Court has struck out a class action claim against two airlines, where the Claimant aimed to secure flight delay compensation for millions of passengers using the representative procedure. ✈️ For an in-depth analysis of this ruling and its broader implications, check out our latest blog post by Eid-Daniel Jadon, Matt A. and myself. 🔗 Read the full article here. #classactions #massclaims #litigation

Did you know? The updated Merchant Shipping Act has recently come into force in the Cayman Islands.   The 2024 Act has replaced the old Act to bring the Cayman Islands maritime legislative framework in line with current international standards and requirements. It ensures that Cayman holds its spot as a leading jurisdiction for the global shipping industry, as recognised by the International Chamber of Shipping in the shipping industry flag state performance table 2023/2024.   While there have been significant changes, many of the key provisions, including the registration of ships and mortgages over ships, remain largely unchanged.    Find a full summary of the changes, here: https://lnkd.in/eCHZnwsM   Sarah Humpleby, Ciaran Bohnacker, Rupen Shah, Mark Galazzi

We just passed the chronological midpoint between the DoT's preliminary ruling (1/26/24) and the effective day of the potential termination of the AM/DL JCA (10/26/24). As the DoT's sounds of silence grow louder by the day and for some the nail-biting becomes more intense, I continue to be frequently approached to crystal-ball my expected outcome. From my vantage point, to recap my past views on the matter, I offer the following variables that ought to be factored into this complex matter: 1. Key provisions of the 2015 bilateral Air Services Agreement (ASA) are no longer in place, essentially due to decisions made and implemented by Mexico. 2. AA and UA have sided with DoTs position, just as DL and G4 have opposed it. DL has actually threatened to take legal action against its own government. 3. Mexico's relevant officials are de facto lame ducks and would rather inherit the matter to the new administration coming in on 1/10/24. This is barely three weeks ahead of the purported AM/DL JCA sunset. 4. It might be, hypothetically at least, that a potentially weakened AM might serve the interests of other parties. The above would seem to suggest the DoT ruling will stand. I am nevertheless of the opinion the DoT will also kick the can to the next administration coming in on 1/20/25, by possibly giving a six month grace period to AM/DL and keeping the G4/VB joint venture application in the freezer. I also anticipate a less tolerant US regulatory position towards Mexico from 2025, if not earlier, which will in all probability formally denounce violations to the ASA. Let the chips fall where they may✈️ #aviation #airlines #airtransportation #aviationindustry #avgeek

What does the FAA’s implementation of the new BABA and EO 14005 requirements mean for contractors? In his latest article, Joey Haughney explains how compliance with these new domestic preference requirements will likely result in higher prices for the use of domestic products and services and increased administrative costs for FAA contractors. Read it here: https://lnkd.in/dUGtYtvi #govcon #federalcontractors #governmentcontracting #baba #smithcurrieoles

New challenges – FRANCE - Ministry of Transport 🚨 Control Authorities can impose a penalty of one year’s imprisonment and a €30,000 fine. Be careful with drivers’ regular weekly rests The French Transport Code has been amended to include Article L. 3315-4-1, which mandates significant penalties for companies that fail to ensure their drivers take their regular weekly rest away from their vehicles. What is new? 1. Article L. 3315-4-1 of the French Transport Code: Penalty: Imposes a penalty of one year’s imprisonment and a €30,000 fine. Violation: This applies to companies that organize drivers’ work without ensuring they take their regular weekly rest period of at least 45 hours away from their vehicle. 2. Article L. 3313-3 of the French Transport Code: Responsibility: Places the responsibility on employers to organize the work schedules of truck drivers in a manner that allows them to take their regular weekly rest outside their vehicle. Implications for Employers Employers must carefully plan and organize the work schedules of their drivers to comply with these legal requirements. Failure to do so can result in severe penalties, including imprisonment and significant fines. 🛃 Documentation and Record-Keeping: Only proper documentation of correct work organization can support during controls and defend the customer from possible penalties if the global situation puts the client at such a risk. Stay Updated with Legal Changes: Keep abreast of any further amendments or updates to the French Transport Code. Adjust company policies and practices accordingly to remain compliant with the latest regulations. By taking these steps, employers can ensure they meet the requirements of the amended French Transport Code, thereby avoiding the severe penalties associated with non-compliance and promoting the well-being and safety of their drivers. #moveexpert #MobilityPackage #MobilityPackageRules

Advice for experts for GST registrants: Form GST REG-16 is your tactical weapon for cancellations. The catch is that you have to wait a year before voluntarily cancelling. #FinancialPlanning #ProfessionalDevelopment #BusinessAdvisory

Navigating the Skies: Legal Framework for Air Cargo and Carrier Liabilities Soo Chuan Cheah and I discussed on the legal regime which governs the carriage of cargo by air and the liabilities of carriers in Malaysia. Happy reading!!

Force majeure clauses in contracts release parties from their contractual obligations if a major event, such as a natural disaster, occurs. But that is only if the event couldn't be avoided by taking reasonable steps. The Supreme Court in RTI v Mur Shipping has determined a party's refusal to accept contractual payment in another currency was not a failure to exercise reasonable steps. Somewhat harsh for the charterer who offered to pay the contracted sum in another currency but contractual certainty was considered by the SC to be more important. Read our analysis here https://lnkd.in/eR2pzky8

Ocean carriers seek clarity on D&D billing to truckers under new FMC rules The World Shipping Council (WSC) has filed a petition with the District of Columbia Court of Appeals, seeking clarification on the US Federal Maritime Commission’s (FMC’s) rulemaking regarding detention and demurrage billing for port truckers representing ocean carriers. WSC contends that the current rule, slated to take effect on May 28th, contains an internal contradiction, causing confusion and uncertainty within the industry. Despite WSC's request for a technical correction to the rule, the FMC has not addressed the inconsistency, prompting WSC to seek regulatory clarity through legal means. The rule aims to direct billing invoices from ocean carriers and terminals to the contracting shipper or receiver rather than intermediaries like port truckers but remains unclear on whether ocean carriers can bill truckers directly. https://lnkd.in/g4_qsV2f