Identification of Carrier
UCP 500 Article 23 - Comment No. 2

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26 August 2003

To:   Members of the Consulting Group
UCP 500 Revision
ICC Banking Commission
Paris

Hello Members,

An "Article 23 carrier" is either a shipowner or a charterer.

In sea carriage where the shipowner is the carrier, the master (captain) is the agent of the shipowner, the carrier, by law, for example in German maritime code.

In sea carriage where the bare boat charterer is the carrier, where the master is appointed by the charterer, then the master is the agent of the charterer who plays the role of a carrier.

Hence, in either case, the master is the agent of the carrier automatically.

As a result, a marine/ocean bill of lading issued and signed by a master is in fact issued and signed by an agent of the carrier. Hence there is no need to identify the carrier for a bill of lading issued and signed by a master.

If the Members of the Drafting Group are in doubt, please refer to the ICC Transport Commission or the BIMCO for comments.

Best regards,

T. O. Lee
Toronto

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