Fillette Green Services
Fillette Green Shipping Services, with 110 years of continuous service to the maritime community, offers discerning shipping parties a full range of services able to provide total logistics and support to any vessel call. Our primary interest is in Vessel Agency Services and those services are fully supported by our Regulatory Compliance Department, Import/Export Custom Brokerage and Freight Forwarding Division, Crew Management Services, and Cargo Logistics Support. Collectively the various departments work in tandem to provide professional, efficient service to compliment any vessel’s port call. We maintain specialized departments covering cargo specific commodities, liquid, dry or living, through our tramp and cruise line service specialist.
In the capacity of “Full Agents” Fillette Green is entrusted with serving the interest of both the nominating party and appointing party (herein referred to as Key Parties)as defined by the relevant charter party. The appointment of the agent and acceptance of the appointment creates a fiduciary relationship between the two parties. As such, Fillette Green has an obligation to the nominating party to assist in their port requirements and provide updated details of the port call and document management, but may not act or divulge any information that may be considered detrimental to the appointing party’s interest.
In this capacity, Fillette Green is directly responsible for:
- Ensuring all pre-arrival notices are forwarded by the Master to the respective shippers, terminals or assigns as designated in the C/P.
- Assisting the Master to ensure the timely filing of all advance compliance mandates of U.S. coast Guard and Custom Border Protection. This includes the timely submission and acceptance of the E-NOA/D , ACE submission, ballast water reports and processing of the CBP CF3171. (see Regulatory Compliance for definitions of each)
- Providing advance notice to pilots, port and terminal authorities to ensure timely entrance into port and berthing availability.
- In tandem with the pre-arrangement of required services for the port call, Fillette Green is required to submit a preliminary port program and estimated disbursement request to ensure advance funding for the implied guarantee of payments for all necessary services required by the vessel to accomplish the obligations of the relevant C/P.
- To arrange inspectors, surveyors and other third parties required by the C/P, terminal/port regulations, government authorities or the Master.
- To arrange bunkers, fresh water or stores that are for the account of the Key Parties. Third parties requiring such services must engage the agency directly under terms that are mutually agreed.
- Coordination with terminals, stevedores, suppliers for prompt berthing and commencement of cargo operations is at all times paramount to the agent.
- Key Parties are to receive regular communications of all events and time lines pertaining to the vessel’s port call. Any weather events or issues pertaining to navigation or other incidents that could have any affect on the port program to be advised.
- The agent serves as an intermediary between the forwarder preparing the bill(s) of lading and the Key Parties. The agent secures the Master’s Authority to sign original bill(s) of lading and does so only on the written authority of the Key Parties for the signing and release of original bill(s) of lading.
- The agent prepares a Port Log/Statement of Facts comprising the various elements in the time line of the vessel’s port call taken directly from the Master’s Log Book or by third party supported documentation, such as terminal logs or tug service tickets.
- The agent is responsible to ensured the original Port Log/Statement of Facts is signed by the Master, terminal, shippers, suppliers or others as determined by the Key Parties.
- The agent provides all advance notices and key arrangements for the timely sailing of the vessel on completion of cargo operations or as determined by the Key Parties.
- The agent distributes copies of all essential documents to the key parties and their assigns.
- The agent prepares and submits a full disbursement account covering all expenses incurred and a reconciliation of all cash advances made by the Key Parties.
Protective agents responsibilities are assigned specific areas of authority by their clients who desire to have their interest governed locally, in real time. As Protective Agents Fillette Green undertakes specific responsibilities and actions that have been either implied or expressed specifically by their principal. The Protective Agent may serve as an advisor to their principal or act directly on their principal’s behalf in directing various elements of the port call, including the movements of the vessel and instructions to the Master.
As Special Agents, Fillette Green is assigned specific duties to accomplish and the agent/principal relationship is concluded when those duties are accomplished. Common areas of Special Agency relationships may involve on/off hire supervision, collisions, Coast Guard or other government restriction, pollution incidents, etc. New regulatory compliance requirements have added a dimension to our services as Special Agents where we are to attend only in the aspect of regulatory compliance mandates for the vessel and her Master.
The attendances of the vessel crew’s interest generally fall into the category of Husbandry Agents. As such Fillette Green would assist in repatriations, medical assistance, hospitalizations, shore leave, transportation and hotel accommodations, Additional duties may involve cash deliveries, stores, deck and engine supplies, spares, repairs and lubricants and/or bunker delivery . Generally speaking, as Husbandry Agents Fillette Green does not become involved in the physical elements of the port call or due diligence issues related to the charter party.
Regulatory Complaince Department
Post 911, by order of Congress, U.S. Coast Guard, U.S. Boarder Protection and U.S. Custom Services (the latter two combined today into Customs and Border Protection, CBP) were mandated to identify every carrier, land, sea and air, entering or leaving the United States, and their cargo. To accomplish this, over the past years new mandates have been implemented to provide advance date of carriers and cargo to the various government entities for pre-screening and entry approval prior to proceeding into U.S. ports or airways.
ACE –AUTOMATED COMMERCIAL ENVIRONMENT
ACE modernizes commercial traded processing systems with features designed to consolidate and automate border processing, forming the backbone of trade processing risk assessment capabilities. ACE facilitates the collections and distribution of data required by all Federal agencies via the International Trade Data System (ITDS) initiative and will ultimately become the “single window” that connects CSP, Partner Government Agencies (PGAs) and the trade community.
In the context of ACE, the manifest of ships is submitted electronically to CBP for risk assessments. Containerized or fungible cargoes require 24 hour pre-load submission of ACE and bulk cargoes require 96 hour pre-arrival submission of ACE.
For shippers of containerized or fungible cargoes into the United States, the International Security Filing (ISF), which is an expanded detailed of ACE information is required 24 hours prior to loading.
ACE is an obligation of the carrier and her Master. The carrier is defined by CBP as “the person causing a conveyance to call at a U.S. port or controlling the conveyances movements within the port”.
ACE submission requires the carrier to have:
- A Standardized Carrier Alpha Code (SCAC)
- AA US CBP Type III International Carriers Bond
These two elements define the carrier and it’s operators components in the ACE System.
Fillette Green can help secure the SCAC, Type III Bond and perform the ACE formalities under special agreements with our clients.
E-NOA/D – Electronic Notice of Arrival or Departure
This U.S. Coast Guard mandate ties directly to CBP and requires the advance notification of the vessel’s intentions to call a specific port and terminal in the United States. Various elements associated with the filing of the E/NOA provide the various governmental divisions an opportunity to take a careful look at a vessel’s ownership, operation, past port call history, cargo carriage, deficiencies and crew. The E/NOA must be filed and accepted by the National Vessel Movement Center (NVMC) minimum 96 hours prior to arrival to the U.S. with certain exceptions for voyages less than 96 hours port to port. Vessels that do not have a confirmed E-NOA on file, accepted by the NVMC are detained outside of port pending the passing of the required time to gain port entry.
The E-NOD covers the departure crew manifest and must be filed within 15 minutes of the vessel’s departure from berth on sailing.
Our E-NOA/D department is designed to operate 24/7/365 to assist vessels arriving or sailing U.S. destinations, by mutual agreement with our client.
Fillette Green maintains excellent credentials in bunkering circles to assist in the supply of fuels or lubricants on a world wide scope.
Terms of Engagement
Terms of Engagement and Conditions of Agency Services
Fillette Green Shipping Services (USA) Corp. (hereinafter referred to as Fillette Green) , its affiliates and assigns, operates in all areas of service solely in the capacity of “Agents Only”. As such, FIllette Green is not responsible for the debts of our clients or third party actions arising from services provided to the vessel. The acceptance of an agency appointment assumes that the agent’s principal shall defend Fillette Green and hold it harmless from all legal actions arising from or connected with the agency attendance with the exception of gross negligence.
Fillette Green operates and maintains port offices responding to our principals and their vessels’ requirements on a continuous basis. The agency retainer, established in the Schedule of Fees, represents fair compensation covering the cost for maintaining a 24/7 operation and is not necessarily related to the time or effort associated with the attendance of a specific port call. The agency retainer and ancillary service/reimbursable fees collectively represent the compensation due Fillette Green in its attendance as agents. The criteria for fees are based on industry standards and/or required mandates per local or federal regulations. Fees may additionally have a basis relative to liability exposure and/or insurance mandates.
In the event of any fines and/or penalties arising against bonds or guarantees placed by Fillette Green for and on behalf of vessel’s owners, operators or other concerns, Fillette Green fully reserves its rights to require adequate funds to be deposited or equivalent guarantees (acceptable by our underwriters) to be secured prior to the vessel’s departure from port.
Principals engaging Fillette Green are required to advance sufficient funds to cover port disbursement estimates, including cash advances to Master. Funds are required in full prior to vessel’s arrival at port. Services to vessels are not guaranteed without sufficient funds to cover. Fillette Green assumes no responsibility or liability for vendors’ refusal to service vessels where sufficient funds are not available. Fillette Green reserves the right to assess late charges, interest at 1.5 % per month (equal to 18% per annum), penalties, legal costs and/or collection costs arising from insufficient funding or the pursuit of outstanding accounts receivable. Disputes in vessel’s disbursement must be documented in writing within 30 days of receipt of the account. Fillette Green is not liable with cost, delays or other issues arising from third parties exercise of their legal rights through maritime arrest, in matters where Fillette Green has not been funded to cover the vendor’s cost and/or claim.
Fillette Green will exercise due diligence in the timely rendering of port disbursement accounts however will not be bound to time constraints, time barred accounts, established by their principal, or parties engaged for the management of port D/A cost and processes. It is the objective of Fillette Green to render all accounts within 45 days of the vessel’s sailng pending the timely submission of invoices from the various vendors.
Parties engaging Fillette Green’s services are entitled to our detailed Schedule of Fees upon request.