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When an agent signs on behalf of the master
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When an agent signs on behalf of the master
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26 August 2003
To: Members of the Consulting Group
UCP 500 Revision
ICC Banking Commission
ParisHello Members,
In the Far East, to save cost and to simplify human resource management, certain small and medium maritime carriers rely on an agency company to recruit the master, mates, engineers, cooks, and other crew members that come from ASEAN countries such as Philippines, India, Malaysia, and Thailand.
This is not an easy task as the crew from different countries may speak different languages and there may be communication problems. So how to structure a team that has no communication problems and cultural conflicts is a work of art.
After introduction of UCP 500, I heard complaints from the local agents of the carriers that at the time they signed the bills of lading, the name of the master might not be available, particularly during the high season.
Legally speaking, the agent is signing on behalf of a CAPACITY, the master, or "master mariner" to be precise, and not for a PERSON. So giving the capacity of the "principal" as a MASTER is good enough and there is no need to give the name of the PERSON.
The agent gets his authorisation from the carrier's head office as part of the standard terms and conditions and not directly from the master himself and sometimes they may not have the opportunity to meet each other. The one who looks after the crew may not be the one who signs the bills of lading.
So I would suggest that when the agent signs the bill of lading for the master, there should be no need to give the name of the master.
Best regards,
T. O. Lee
Toronto
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