Prudent measures should help us avoid full lockdown, Belgium's PM says. You can also find information about your passenger rights on our portal for citizens. Belgium International Travel Information The shipper is liable for all consequences of misdeclaring goods. CLNI limitation fund (or similar national regime for interior barges and estuary vessels). This means that goods shipped between EU countries, UK mainland and Northern Ireland have to clear customs and require a commercial invoice and other export documentation. The Brussels Convention on Jurisdiction regime should be considered. We're looking for the best fleet management owners and entrepreneurs in the industry. An agreement is reached usually when adequate security is given. You are required to use a properly sealed funeral urn as the inner primary container. One may arrest a sea-going vessel for maritime claims only. Recently, the law has changed to the effect of a Judge being entitled to reverse the burden of proof in certain circumstances. Amazon , Can I travel to Belgium? Travel Restrictions & Entry - KAYAK This is an advantage for those who wish to be aware of the facts as soon as possible. Further changes can be expected. The application of art. Facemasks are recommended for use on public transport, especially during rush hour. or close all content topics for immediately following heading, Comparing International Shipping Services, First-Class Package International Service, Domestic Shipping Prohibitions & Restrictions. If they are imposed after the sailing, the vessel with the cargo is obliged to return the freight and payment will be due for a one-way trip. A lock ( A locked padlock ) or https:// means youve safely connected to the .gov website. Passenger rights are determined by the normal rules of contract. the mortgage or hypothecation of any ship. Click-N-Ship service allows you to create Priority Mail International and Priority Mail Express International postage and address labels. As long as the order has not been used by the arrestor, no counter security is to be given. The subject matter of the claim also has relevance. 3 of the Hague-Visby rules. Interlocutory proceedings in transport and maritime matters usually do not take as long. International Shipping Restrictions - What You Can Mail - USPS A demise or Identity of Carrier clause equals an exoneration of liability by the carrier, is therefore contrary to the Belgian Maritime Code (Hague-Visby rules) and cannot be opposed by the third-party holder of the Bill of Lading. . They are dedicated, permanently and, almost exclusively, dealing with those matters. An IfP is due (see question 6.1 (iv)). A cargo claim will be before the Court of Enterprise (also referred to as the Commercial Court). Matters have changed and keep on changing in this respect. Belgium calculates using the CIF method, which means the import duty and taxes are calculated based on the value of the imported goods as well as shipping costs. One cannot limit liability for sea-going vessels in Belgium under the LLMC regime for: Limitation for these claims may be possible under other legal provisions such as the Belgian wreck removal legislation referred to above. They only require a DHL Waybill and theyre good to go. Starting March 1, 2023: New customs rules apply to all outbound international packages going to European countries that follow EU customs regulations. If the Charter party referred to is provided in a permanent seaworthiness warranty, the carrier can lose its due diligence defence under the Hague-Visby rules. This regime is determined by the 1968 Treaty on Jurisdiction, the Lugano Conventions and EU Regulation 1215/2012 (Brussels I. 2.4 How do time limits operate in relation to maritime cargo claims in your jurisdiction? The rules are incorporated in art. Interest is set by law on a yearly basis where the calculation is based on the average Euribor of the preceding year +2%. Due to technical problems, your feedback could not been sent. by way of a non-negotiable document (such as a sea waybill). If you are in quarantine or isolation abroad, you must complete the quarantine or isolation before returning to Belgium. List of Prohibited Items. not in conflict with the Belgian Maritime Code (Hague-Visby rules) or other rules of a protective nature; and. 6.3 Highlight any notable pros and cons related to your jurisdiction that any potential party should bear in mind. 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If you're shipping dangerous goods or anything that's controlled and licensed, declare this on the commercial invoice and air waybill to ensure safe and efficient transportation. 91 of the Belgian Maritime Code is mandatory for all carriage under a negotiated Bill of Lading from and to a Belgian port. Secondly, and as soon as the amount of the fund has been paid, the fund administrator will draft a report and present it to the Court, which will then, in a second decision, find that a fund was constituted. Except in limited circumstances, pets and warm-blooded animals may not go in the mail. Other official information and services of the Belgian government: www.belgium.be Safety matches have treated match heads that will only ignite when struck against a specially prepared surface like a match book, card, or box. The Contract of Carriage may provide for a different regime. A fund administrator is appointed. Order free cremated remains shipping supplies on The Postal Store. This IfP can be considered a part of the lawyers costs. . Alternative legislation which allows limitation applies which is similar. Debit card & credit card. Link your own courier account, or use our pre-negotiated rates to show the fastest, cheapest and best value deliver options for every customer. The date of the incident and consequently the applicable statutory provisions must be assessed prior to knowing what the rights and defences are. The following apply: The New Belgian Maritime Code of 4th April 2019 (arts 2.3.2.192.3.2.29). Consequently: This is as of 1st September 2020, and is partially different under the New Belgian Maritime Code. Some are restricted (allowed under certain conditions). Please refer to the official The shipper has the obligation to deliver the goods as contractually agreed and must take all precautions to avoid the goods damaging the vessel or other goods, or harming the interests of another party. a maritime Bar with over 200 years of experience (established in 1810); various specialised maritime lower Courts exclusively dealing with shipping and transport matters (maritime chambers within the Courts of commerce); a specialised maritime and transport chamber before the Court of Appeal; highly specialised marine surveyors, working exclusively for the Courts and appointed to give an independent report on facts in a defended action; language flexibility of the majority of maritime parties where a minimum of three languages (up to five) are spoken, enabling the swift and cheap usage of evidence in Court in their original language; swift Court procedures (about one year) for normal marine work. Cigars may only be mailed to countries that allow cigar shipments. It is possible under the 1952 Arrest Convention applicable in Belgium to arrest a vessel for: Only insofar as the claims arising out of the sale and the purchase of a ship can be categorised under one of the maritime claims described is an arrest of the vessel possible. There is no more requirement for people travelling to Belgium to have one of the three COVID-19 certificates (vaccination, test or recovery), unless it is required for travellers coming from a country with a new variant of concern. Claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship. Just keep in mind that some shipments are subject to restrictions while others are outright prohibited. Measures apply to travellers coming from a very high risk country. Some HAZMAT is prohibitedyou can't send it through USPS and must use another carrier. Published: 05/08/2022 Hot off the press 22/05/2023 Lending & Secured Finance 12/05/2023 Project Finance 11/05/2023 Restructuring & Insolvency Information on EU Digital COVID Certificate issued in Belgium. Where a counter security is ordered, it should be provided within a determined timespan (usually 72 hours) in which the obtained arrest order to the vessel has been effectively notified, rather than when the request has been filed at the Court. A collision between sea-going vessels on the high seas will be subject to different rules from a collision between barges or sea-going vessels on internal waterways. Some items are prohibited (completely forbidden). Due to the fact that Court surveying proceedings are a defended action, parties will be perfectly aware of the evidence being collected by the Court Surveyor. The above list is by no means exhaustive. An undertaking of a P&I club which is a member of the international group or a payment into Court would also be acceptable. Thank you for your feedback. Average Delivery: 2 to 4 business days . FEBIMA can investigate such cases, including the hearing of witnesses, without anyone being able to hamper their efforts. Shipping From The USA To Belgium (GUIDE) Planet Express OOCL - Terminals, Restrictions, Free Time, Local Surcharges, Office Customs Regulations Includes customs regulations and contact information for this country's customs office. Proceedings on the merits begin or proceed once all the evidence is available. Every item in your package must be listed on the customs declaration form. A choice-of-law clause contained in the Bill of Lading does not alter the mandatory application of the Belgian Maritime Code (Hague-Visby rules). The following conventions and regulations are applicable in Belgium: The above list is not complete but contains the most essential provisions. An arrest or the maintaining of an arrest is considered wrongful and damages could be awarded if a tort has been committed. Estimate your import duties! & One problem is that the newest legislative changes implemented in mid-2022 have made the maze of different regimes even more opaque. 16 of the Athens Convention. Use Click-N-Ship for APO & FPO Sending Overseas. From February 18, authorities in Belgium also eased some of the national COVID-19 restrictions imposed to contain the further spread of the virus.. But beware: this mandatory application applies in favour of the third-party bearer of the Bill of Lading only (see further). Shipping to Europe | European parcel delivery | UPS - United Kingdom 4.3 Is it possible to arrest a vessel for claims arising from contracts for the sale and purchase of a ship? Before shipping to Belgium (or any country), it's important to know if there are any special arrangements to make when sending them or even if they are legal at all. This new statute law has fundamentally changed Belgian Maritime Law in many respects, and has been subject to further changes by the Act of 10th June 2021. DHL will always fully cooperate with customs authorities in all countries. covers common issues in shipping laws and regulations including marine casualty, cargo claims, passenger claims, arrest and security. These arrest possibilities exist even if one does not have a maritime claim as per art. 1.1 In the event of a collision, grounding or other major casualty, what are the key provisions that will impact upon the liability and response of interested parties? The cooperation between Federal, Regional and local authorities, with each of them having separate legislative powers and the resulting ever-changing legislation, is solved by the existence of the Maritime Salvage and Coordination Centre (The MRCC), which manages the incident for all authorities concerned. Most arbitration is in marine insurance. These changes apply as of 16th September 2021. In order to come to such a finding, Belgian case law applies factors which are similar to the alter-ego relationship findings in US case law. As between the carrier and the receiver who is a third-party holder of the Bill of Lading, only the Bill of Lading terms will apply. USPS First Class International, Hong Kong Post - E-Express Take a look at our guidelines for carefree shipping! The losing party pays the legal costs of the proceedings, with the exception of the lawyers fees, which remain for the account of the party who instructed the lawyer. Top courier services when shipping to Belgium include, Note the addition of and to in the Belgian Maritime Code. 3.2 What are the international conventions and national laws relevant to passenger claims? The holder accedes to the Bill of Lading under the terms set out therein only. disputes as to the title to or ownership of any ship; disputes between co-owners of any ship as to the ownership, possession, employment, or earnings of that ship; or. If the goods are uncharacteristically dangerous without the carrier being made aware of such fact, the shipper is liable under art. 6.1.3 Which specialist alternative dispute resolution bodies deal with maritime mediation in your jurisdiction? A collision matter resulting in a wreck removal by a specialised salvor which takes over a year will take longer than straightforward cargo damage due to leaking hatch covers. Only lithium cells and batteries that are properly installed in the equipment they are intended to operate may be mailed internationally or to APO/FPO/DPO locations if the destination country and APO/FPO/DPO permit their receipt. DHL Express is happy to assist. This results in an objective fact-finding report which constitutes a factual basis for a Belgian or foreign Court. Watch How to Ship Cremated Remains Safely Video 6.1.1 Which national courts deal with maritime claims? The two-year time bar is regulated according to art. Unless a cash payment is proposed, the identity of the guarantor must be acceptable to the Court. Extensions of time bars in combination with the title to sue are also a minefield. Partner with Us. Customs authorities are continuously striving to seize counterfeit goods and penalize the buyer. To determine if a product is prohibited or subject to restriction, check the TARIC for the following codes: CITES Convention on International Trade of Endangered Species, International Trade Administration Belgium - Prohibited & Restricted Imports We try our best to keep this information as accurate as possible, but this information is liable to change at any time. This is usually correct in most cargo claims, but not always. There may be possibilities to arrest other assets such as bunkers on board the vessel or funds in the hands of third parties such as the ports-agent of the debtor or of a bank. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. Selection and completion of proper forms for any given shipment is the sole responsibility of the shipper. The holder derives his rights against the carrier independently and directly out of the Bill of Lading. It fundamentally changed the regime in respect of cargo claims. There is no arbitration institute exclusively for maritime matters. This is often disregarded by foreign legal practitioners. 1.1 of the 1952 Arrest Convention. Please note that we can only provide information about shipments coming from and/or going to Belgium. A .gov website belongs to an official government organization in the United States. Practice Areas > Most arbitrations are ad hoc and in maritime insurance matters. The application of art. The time bar to consider depends on many different factors, including not only the capacity of the claimant, but also the contractual relationship and a possible mandatory application of statute law. In June 2021, Parliament passed an Act which regarded mainly pleasure crafts and autonomous sailing. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (, The European Convention on International Commercial Arbitration, Geneva, 21. Belgium - Covid travel and national health rules: EU Digital Covid Shipping Laws and Regulations Report 2022-2023 Belgium Get shipping regulations for Belgium and other countries at Easyship. Arrest proceedings do not initiate the case on the merits itself. As long as you comply with customs regulations, sending a package to Belgium is neither costly nor time-consuming. Shipping to Belgium: Time, Cost & Customs Charges - Easyship FEBIMA can detain ships and any objects involved in an incident. Belgian law does not have a general obligation to disclose all available evidence within Court proceedings. Belgium - Country Commercial Guide Prohibited & Restricted Imports Includes a list of goods that are prohibited from being exported to the country or are otherwise restricted. Medicines are controlled substances and are subject to strict regulations. Referral to a Charter party in the Bill of Lading results in incorporation of those terms insofar as the terms are not in conflict with rules of a protective nature. Belgium Chapter This changed again as of 16th September 2021. That means certain items are excluded from shipment. Shipments of live animals, including poultry, reptiles, and bees, have very specific packaging requirements. Hazardous materials (also known as dangerous goods) are substances that could injure people or cause damage if not handled properly, like chemicals or flammable items: HAZMAT also includes lithium batteries (like the ones in cell phones and electronics); they contain a lot of energy and can be a fire risk. 2.3 In what circumstances may the carrier establish claims against the shipper relating to misdeclaration of cargo? As soon as Belgium has ratified the CLNI, its regime will be applicable. The Court Survey is a defended action. To avoid unpleasant surprises, please carefully read our list of items we cannot ship under any circumstances. 1401 Constitution Ave NW Safety matches must be sent via ground transportation and cannot be mailed internationally. 1.3 What are the authorities powers of investigation / casualty response in the event of a collision, grounding or other major casualty? Additional Information on Domestic Regulations & Guidelines Applicable to International Shipping Facemasks are also recommended in healthcare environments such as residential care centres, or when going to the dentist, physiotherapist, psychologist and speech therapist. Fact-finding proceedings depend to a large extent on the complexity of the case. Public holidays are also considered as non-working days. Consequently, readers of this section should absolutely not bank on their prior knowledge of Belgian Law and ask for specific advice. Case law since then seems to generally accept that, with deliveries (such as bunkers) to a vessel, there is an apparent authority from the owner or the charterer so that, unless the supplier explicitly indicates not to consider the owner or the charterer as the debtor, the order is attributable to such owner or charterer. A substantial Belgian interest was involved, irrespective of the location of the casualty or the flag of the ship. Belgium Prohibited and Restricted Items FedEx Cross Border is unable to ship prohibitedand non-approved restricteditems on behalf of its customers. This is an amendment to the Hague-Visby regime which only applies on all carriage from a convention state. Consequently, a one-fits-all approach is not possible. Glues have a wide range of flashpoints. Removing any object involved in an incident without the permission of FEBIMA is prohibited. Case law is expected to develop further on this point in the coming years. The owner, charterer (be it a time charterer or a voyage charterer) or operator of a previously sea-going vessel can set up a fund for Wreck Removal. Arbitration is usually on an ad hoc basis. LLMC Limitation Fund for sea-going vessels. For sea-going vessels, the following legislation is applicable: For non-sea-going vessels, a specific limitation regime was applicable until 1st September 2020. COVID-19 travel restrictions were lifted in Belgium. Check for any specific measures that may apply when travelling to Belgium. Additional Information on Mailing Safety Matches. In January 2017, the Supreme Court ruled that once a wreck removal fund is set up for a sea-going vessel, the authorities are no longer entitled to demand the owner, charterer or operator to remove the wreck at the owners expense. You can take your package to a Post Office. lawyers fees are low in comparison to most other jurisdictions. Separate proceedings in Belgium or elsewhere must be initiated to that effect. Publication 139 - How to Package & Ship Cremated Remains Shipping to Belgium - Belgium at your fingertips - DHL Express A new statute law is applicable since 1st September 2020 (see question 8.1). Shipping Restrictions Find out what you may ship internationally.
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