CPD & CBC - Border and Biosecurity Compliance Program - - PowerPoint PPT Presentation

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CPD & CBC - Border and Biosecurity Compliance Program - - PowerPoint PPT Presentation

FTA CPD & CBC - Border and Biosecurity Compliance Program April/May/June 2019 Risk Management & Incident Reporting Presented by: James Cotis Insurance Logical Pty Ltd trading as Logical Insurance Brokers Insurance Logic Pty Ltd, ABN


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FTA CPD & CBC -Border and

Biosecurity Compliance Program

April/May/June 2019 Risk Management & Incident Reporting

Presented by: James Cotis Insurance Logical Pty Ltd trading as Logical Insurance Brokers

Insurance Logic Pty Ltd, ABN 44 002 859 252, holds Australian Financial Services License Number 237633, is a Principal Member of the National Insurance Brokers Association and is a network broker of Steadfast Group Limited.

Logical Knows Logistics Insurance

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GENERAL ADVICE WARNING

This is the fine print for the presentation by James Cotis of Logical Insurance Brokers. This is obviously a PowerPoint presentation, and this is just an aid to the presentation; so don’t overstate its importance. Any case studies presented are also just aids to understanding certain concepts. Any reference to your circumstances is entirely

  • coincidental. James is going to say more in the presentation, some of it may be

important and will put these PowerPoint notes & case studies into context. This is also pretty obvious but some need to be told this, so this is what this is now doing. Therefore, any advice contained in this presentation is general advice only. What does all of this mean? Again it is pretty obvious, James is a General Insurance Broker and he is saying general things about the topics, not specific things that you can take and apply to your own circumstances and expect James to be responsible for any stuff-up. Common sense suggests that if you want to rely on what someone says, you should obtain from them specific advice where you make the facts clear to them and they are aware that you are clearly going to make decisions based on what he/she said, whether orally or in writing. Of course, you pay for this. Got it? Good, now let’s get on with it.

With thanks to Peter Bobbin – The Argyle Partnership

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General Observations

As business owners/managers, what’s keeping you awake at night in terms of your obligations, risks and ethics?

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Cashflow

Employees

Government

Trading partners

The economy

The competition

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SOLAS INS TAs TCOs Australian Border Force Admiralty Law Territorial Laws Rotterdam Rules Hague-Visby Rules Piggy Backing Certificates of Origin Asbestos Australian Trusted Traders Program ChAFTA General Average Standard Trading Terms and Conditions Bill of Lading Salvage KAFTA

Managing Risks - Liability

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JAEPA Full Import Declarations Chain of Responsibility

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  • Increased investigation, inquiry & prosecution activities
  • Infringement Notices
  • Liability to pay customs duty
  • Possible suspension or revocation of customs broking

licences

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Australian Border Force Activities

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Scope, Context & Criteria for Risk Management

While you understand your statutory obligations and associated ethics of being a licensed customs broker, it is imperative that you examine the full magnitude of risk exposures:

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Risk assessment

  • Identify; opportunities to improve/reduce

risk

Risk analysis

  • Likelihood; consequence

Risk evaluation

  • Impact; balance sheet strength; retention

Risk treatment

  • Avoid; manage; transfer; insure

Monitor & review

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Risk Transfer to an insurer

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  • Transferring risks to an insurer
  • There is no substitute for a well designed insurance program
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Getting the Insurance Program right

Importance of discovery meetings:

  • Take the time with your insurance advisers so they

can gain deep understanding of the business activities and business objectives

  • The more they understand about your business

activities the better advice they can provide

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Case Study 1 – Getting insurance program right

  • In June 2018, we were invited to advise on the liability insurance program for a Melbourne based

logistics business

  • Head office in Melbourne
  • Branches in Sydney, Brisbane & Adelaide
  • Number of staff: 90
  • Activities included
  • Freight Forwarding, turnover: $20 mill
  • Customs Broking, turnover:

$3 mill

  • Warehousing & Transport, turnover:

$6 mill

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Case Study 1 – Getting insurance program right

Discovery meeting:

  • Gathered information, including current insurance policy(s)

Identified issues within the current policy wording: “Logistics Liability Insurance Policy”

  • Logistics Activities means Your activities conducted within the Territorial Scope in respect of the

Logistics Operations described in the Policy Schedule but, does not include Customs Broker Activities.

  • EXCLUSIONS THAT APPLY TO ALL SECTIONS OF THIS POLICY:

Customs Broker Activities

  • Customs Broker Activities means consultancy services and activities of a licensed custom

broker/agent including interpretation of customs regulations and classification of goods, customs advice or recommendation, processing and/or payment of duties or taxes.

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  • Customs broking activities were excluded
  • ABF’s retrospective powers

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In March 2019, the business contact us seeking assistance with an incident:

  • Goods not meeting the precise description in

Tariff Concession Orders

  • Licenced customs broker simply got it wrong
  • Hundreds of entries going back over 3.5 years
  • Under payment of duties and Infringement

Notices required payment

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Case Study 2 – know who you are dealing with

  • Importer engages Licenced customs broker (LCB)
  • LCB aware importer had “broker hopped” three times during the last 18 months
  • Importer explained that other LCBs were “incompetent”
  • New LCB commences trading with importer, unaware that importer deliberately misrepresenting nature of the

goods

  • It was subsequently discovered by the new LCB that the importer had been the subject of an ongoing

compliance assessment by ABF, including:

  • Incorrect tariff classifications
  • False & misleading statements & declarations
  • Unpaid dumping duties
  • Unpaid GST
  • Amounts involved over $1m
  • New LCB assisted ABF with their inquiries
  • New LCB harboured real concerns that Infringement Notices may be issued and a threat existed (imagined or

real) of suspension or revocation of their customs broking licence

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Lessons:

Discovery/Engaging/onboarding customers

  • Ask questions to understand the prospective customer’s requirements
  • Ask why they are inviting you to assist them
  • Ask about dealings with previous Forwarders/Brokers/ABF
  • Accurately document & agree the services to be provided to customers

Have robust risk management strategies & processes in place and regularly review them

  • Strong set of STCs - incorporate them (signed by your customers)
  • Consider Tariff Advices where appropriate
  • Undertake customer due diligence audits where appropriate
  • Review processes & procedures
  • Engage independent consultants to review & advise
  • Do not admit or accept liability
  • Communicate immediately with ABF (benefits of voluntary disclosure)
  • Keep accurate records
  • Advise liability insurers immediately
  • Above all, get your insurance program right

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  • An insurance brokers job isn’t just about

arranging insurance

  • It also includes education regarding the risk

exposures for your particular business

  • Consider working with expert consultants in

your industry

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Managing Risks

Use Insurance as part of an

  • verall Risk

Management Strategy

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Our services to the logistics industry include:

  • Freight Forwarders & Customs Brokers Liability Insurance
  • Property (buildings, stock and contents) Insurance
  • Business Interruption Insurance
  • Motor Fleet / Truck Insurance
  • Carriers Load Insurance
  • Trade Credit Insurance
  • Cyber Insurance
  • Corporate Travel Insurance

You can visit our website to find out more: www.logicalinsurance.com.au/logistics

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General Insurance Broking

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ANY QUESTIONS… JUST ASK!

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Contact details

James Cotis

Insurance Logic Pty Ltd trading as Logical Insurance Brokers Suite 21 Level 2, 8 Hill Street Surry Hills NSW 2010 02 9328 3322 jamesc@logicalinsurance.com.au jcotis@FTalliance.com.au

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