The IMB NVOCC Register
Reducing bills of lading risks
While there may be valid trading reasons that give rise to bill of lading difficulties, there is an unhealthy under-belly of criminal activity.
TT Talk canvassed some trading issues relating to bills of lading in the December 2018 edition. Reference within those articles was made to the English law position articulated in Motis Exports case1, explaining the risk exposure to bill of lading issuers and stakeholders relying on the documentation. This article applies to the industry vulnerability to fraudulent activity.
Banking scrutiny
The International Chamber of Commerce’s Commercial Crime Services division has a primary function of protect the integrity of international trade by seeking out fraud and malpractice and providing reports based on this activitiy to its members.
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Commercial banks commence thousands of investigations each year in relation to fraudulent bills of lading which are undertaken by the International Maritime Bureau (IMB), a division of CCS. Through the investigation process, IMB conducts due diligence on all trade documents, including bills of lading, and seeks independent third-party verification to provide an extra level of confidence in transactions. This supports banks in relation to their compliance procedures to prevent fraud, money laundering and sanctions breaches.
Suspect bills of lading are those which have false content including the wrong ship, dates, description of cargoes, container numbers or parties. Perpetrators present such bills of lading to banks to facilitate fraudulent activity including money laundering, fraud, illegal capital flight and to by-pass sanctions.
It is recognised that NVOCCs and freight forwarders play a vital role in international trade and whilst the majority operate to extremely high standards, there are inevitably those who for a variety of reasons may deliberately or recklessly issue bills of lading with false content. It is important that safeguards are in place to ensure the security of bills of lading and that there are systems in place to track any misuse.
As a result of recent trends involving bill of lading fraud and a growing concern of their stakeholders, the IMB developed a new initiative, unveiled at Enterprise, Singapore on 15 January 2019, during a panel discussion on the manipulation of bills of lading attended by over 100 delegates from banks, logistics companies and lawyers. The primary objective is to provide a common open platform from which to improve anti-fraud standards and to give due recognition to participating NVOCCs who adhere to the minimum standards established within the platform.
NVOCC vulnerability
"IMB estimates that over 95% of all improperly issued bills of lading are issued by NVOCCs."
From this work, IMB estimates that over 95% of all improperly issued bills of lading are issued by NVOCCs. This is a staggering finding, albeit relating to a small percentage of the total transactions, but a clear indicator of the vulnerability of some elements of the NVOCC sector.
Announcing IMB NVOCC register
“Maintaining the integrity of the bill of lading is of paramount importance to all stakeholders in global trade”
TT Club believes that this initiative to improve standards and reduce potential exposures to fraudulent activity through the supply chain is beneficial to the industry and would therefore encourage its NVOCC membership to evaluate the platform and consider participation in it.
We gratefully acknowledge the assistance in the preparation of this article of Pottengal Mukundan, Director, International Maritime Bureau, ICC-Commercial Crime Services
The initiative introduces an open source NVOCC register in conjunction with a new IMB Code of Conduct which all participating NVOCCs are required to adopt. The Code of Conduct is supported by an online training course which sets out minimum standards for the issuance of NVOCC bills of lading. Participating NVOCCs remain accountable where a document they have issued is found to be fraudulent, however it is anticipated that a wider knowledge of good practice will result in fewer cases of fraud being identified.
Maintaining the integrity of the bill of lading is of paramount importance to all stakeholders in global trade. Where fraudulent activity is allowed to continue, there is a real danger that key stakeholders de-value the worth of the bill of lading. Inevitably, should the industry not be able to address commercially the challenge presented by the use of fraudulent documents, there is a risk that regulations may be required. This initiative recognises and seeks to address this industry wide challenge, seeking to promote awareness and support compliance with acceptable trade practices.
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Online Tobacco Sales in Australia: Between Health Warnings and “Cheap” Cigarettes
An online service has emerged offering Australian residents the option to purchase cigarettes and tobacco with home delivery. The website, which operates under the name Australia Tobacconist Hub, presents a striking contradiction: heavy promotion of cheap cigarettes alongside official notices about the health risks of tobacco use.
Available Items
The platform’s main customer base is people who smoke looking to save money. Among the products listed are:
Double Happiness (?? ??) — $190 per block (10 packets x 20’s)
Manchester Sapphire Blue – Dubai Version — $220 per carton
Manchester Special Edition Flow Red (Dubai Version) — $250 per block
Manchester Blue Crush – Dubai Edition — $250 per carton
Dunhill Blue (UK Version) — $220 per block
Dunhill Red – UK Edition — $190 per block
Benson and Hedges Gold — $160 per carton
Zhongnanhai brand — $180 per block
The seller stresses “competitive prices” (Cheap Tobacco Australia) and the availability of popular brands such as Marlboro, Manchester, Bossku, and Double Happiness.
Shipping and Billing
The seller promises quick, dependable, and private shipping across Australia (Fast Tobacco Delivery Australia). They say they process various payment options including bank transfer, USDT, PayPal, Wise, and more. Customer interaction is done via WhatsApp, email, and other messaging apps — a standard approach in the grey or black market for internet cigarette shops.
A Strange Contrast
Remarkably, the identical platform that promotes tobacco sales (while formally warning that selling to persons under 18 is illegal) also displays a “STOP SMOKING” banner with an image of lungs crossed by a cigarette.
In a part named “STOP TOBACCO”, the text reads:
“Quitting isn’t easy, but each attempt matters. Within minutes, your body starts recovering — and as time goes by, your health and energy come back. Begin your journey now!”
This public health message sits directly alongside a list of items for sale with prices from $160 to $250 per carton and a call to action: “Purchase cigarettes online in Australia for the lowest price.” Such double messaging is common of unlicensed or “grey market” tobacco shops that pretend to care about public health while continuing to sell addictive products.
Legal Issues
The text fails to mention whether the seller holds a proper local permit for tobacco. Australia is famous for some of the strictest tobacco laws in the world, including plain packaging requirements and very large tobacco duties. The promise of low-cost smokes — especially “Dubai Edition” or “UK Version” — often indicates untaxed, smuggled, or counterfeit goods.
Conclusion
The online shop described above is a textbook example of a shadow online tobacco business. It exploits smokers’ wish for cheaper prices in the context of Australia’s high legal tobacco taxes, while hiding behind superficial “Stop Smoking” slogans and claims of customer care. Potential buyers should remember that buying unlicensed tobacco carries not only legal risks but also a total absence of any assurance regarding product safety and authenticity.
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