UTIKAD, the International Transport and Logistics Service Providers Association, has reactivated upon the letter of the General Directorate of Maritime Affairs of the Ministry of Transport and Infrastructure, also known as 'Cargo Delivery Instruction Form'. UTİKAD shared the article on the subject with the relevant public institutions.
The public debate on whether the ordino document was legal in November 2017 extended to the Vice President of the time, Mr. Recep Akdağ. At the end of the discussions on whether the document is legal and its place in the international logistics sector, ceiling and floor prices were introduced to the ordino fees, which proved to be legal. The ordino debate, which has been on the shelf since then, came back to the agenda with the letter of the General Directorate of Maritime Affairs of the Ministry of Transport and Infrastructure, dated 24.07.2020. UTİKAD shared its informative letter on the subject with relevant public institutions, port enterprises and non-governmental organizations. The following points were included in UTIKAD's article:
In the letter of the General Directorate of Maritime Affairs of the Ministry of Transport and Infrastructure, the Ministry of Maritime Undersecretariat of Maritime Affairs General Directorate of Maritime Affairs, dated 17.05.2011 and numbered 14765, regarding the arrangement and submission of the "Cargo Delivery Instruction Form" in the delivery of the goods imported by sea. It was reported to have been canceled by the Board of Chambers. In this article, it was stated that the issues to be followed in the delivery of the cargoes imported to the temporary warehouses and warehouses and the application of the Load Delivery Instruction Form were abolished in accordance with the decision of the Court in question.
This decision of the Council of State Administrative Law Departments of the Republic of Turkey is related to the cancellation of the letter dated 2011. However, this decision is not a decision that the imported cargo can be delivered to the buyer without the cargo delivery approval of the carrier by the temporary storage or port operator. As a matter of fact, the following articles of the Turkish Commercial Code clearly define how the cargo will be delivered.
- a. Article 1228 of the Turkish Commercial Code: Bill of Lading
Bill of lading is a promissory note that proves that a transport contract has been made, indicates that the item has been received or loaded on the ship by the carrier, and that the carrier is obliged to deliver the goods only in return for his submission.
- b. Turkish Commercial Code Article 1236: Delivery of goods in return for the return of the bill of lading
The item is delivered only in return for a return copy of the bill of lading indicating that the item has been received.
As the articles of the TCC, above, the cargo can only be delivered to the buyer for the return of the bill of lading to the carrier. Therefore, following the receipt of the bill of lading to the customs office or temporary storage place, but following the receipt of the bill of lading, it gives a confirmation that the cargo can be physically delivered to the recipient instead of the temporary storage holding the cargo in its warehouse and the cargo can only be delivered to the recipient.
However, there are some misinterpretations about this process. Import customs clearance and delivery of the goods to the buyer are separate and independent processes. After the customs procedures of the imported goods are completed, the process of completing the transportation contract and physically delivering the carrier and the carrier to the buyer by the performance assistant is not under the authority and control of the Customs Administration. Although this process takes place within the bonded area due to its nature, it is not an area where the Customs Administration is a party and therefore regulated by the customs legislation. However, the fact that this issue is not included in the customs legislation does not mean that the approval of the carrier will not be sought during the physical delivery of the cargo, not during the customs procedures. As stated above, the legal basis of this process is not the Customs Law and legislation, but the Turkish Commercial Code, in which articles related to international maritime conventions are transferred.
This document, referred to by the name of the freight delivery form, freight delivery document, labeled bill of lading or ordino, is a certificate of confirmation that the carrier can be delivered to the buyer of the freight. Therefore, this document continues its function as a document and / or approval mechanism produced in order to ensure that the carrier completes and proves the delivery debt to the buyer of the cargo in line with international legal requirements during the termination of the transportation service and contract. This document is still an approval document that must be submitted to the temporary storage location and warehouse operators in a printed or electronic form in order to be physically delivered to the recipient of the goods delivered by the carrier to the temporary storage location and warehouses.
The temporary storage place, which is the assistant of the executives of our members and carriers, the port and warehouse enterprises continue their implementation in line with our explanations above, they do not encounter any legal problems in the future, it is of great importance for the reliability of our country in the world value chain and trade. ”