近期,协会获知一些伊朗港口可能发生散货(干货和液体货)短量索赔。
根据《伊朗海关条例》,确定固体或液体散货数量的一般方式是通过水尺/空距检验。这和其它许多国家通过岸上计量得出卸货量不同。尽管伊朗海关实施0.5%的贸易补贴,但这遭到了收货人的质疑,甚至被部分地方法院拒绝。
根据伊朗《商法典》和《民法典》,承运人须对提单中所载明的货物数量负责。因此,若任何提单数量和收货人检验员的水尺检验/空距计重结果存在差异,收货人依法可起诉承运人。
详细信息请参阅附件。
Bulk Cargoes (Dry and Liquid) Shortage Claims – Iran
The Association has recently been advised of the potential for bulk cargo (dry and liquid) shortage claims at some Iranian ports.
According to the Iranian Customs Regulations, the acceptable method of determining the quantity of solid and liquid bulk cargoes is by draft/ullage survey. This differs from many other countries where outturn is determined from shore measurement. Despite the implementation of the trade allowance of 0.5% by the Iranian customs authorities, this has been challenged by cargo receivers and has even been rejected by some local courts.
Under the Iranian commercial and civil code, the carrier is liable for the cargo quantity stated in the Bill of Lading. Therefore, in case of any discrepancy between the B/L figures and the results of the draft/ullage survey performed by the receiver’s surveyor, the consignee can legally claim against the carrier.
See attached file: Bulk Cargoes (Dry and Liquid) Shortage Claims – Iran.pdf

