FONASBA/ITIC ISPS Clause
In July 2006 the Federation of National Associations of Shipbrokers and Agents (FONASBA) conferred “Standard Document” status on an ISPS clause, drafted with the assistance of, and approved by, ITIC. FONASBA recommends that the clause, which is headed “FONASBA STANDARD CLAUSE FOR LIMITING AGENTS LIABILITY FOR FILING ISPS CODE COMPLIANCE INFORMATION”, be included in agents’ standard trading conditions or any other document relating to agents’ liabilities to principals.
The purpose of the FONASBA/ITIC ISPS clause is to clarify the role and responsibilities of the agent in transmitting ISPS information from the ship to the port in accordance with the port’s requirements. The clause makes it clear that the agent’s responsibility is to transmit the information to the correct party within the required timescale, but that the agent is not responsible for the accuracy of the information provided, nor is he responsible for matters beyond his control, such as the late provision of information by the Master or technical problems (such as computer failure).
Please contact ITIC if you wish to obtain a copy of the FONASBA/ITIC ISPS Clause.