Transport

Navigating International Shipping Regulations: A Guide for Global Shippers

Nico Daily
President & Partner
November 16, 2024

International shipping is subject to a complex web of often overlapping rules and regulations that can be a nightmare to navigate.

Waybills, customs documentation, compliance certificates, and import/export restrictions are just some of the elements necessary to stay compliant and avoid logistical headaches.

Because the slightest slip-up can result in fines, legal repercussions, shipment delays, and even the confiscation of goods in certain cases.

This guide is designed to help you avoid such scenarios and traverse the complexities of international shipping with ease.

Key Regulations to Know

As an international shipper, you must be familiar with multiple laws, rules, and regulations governing cross-border shipments.

Every shipment must be accompanied by several essential documents, including:

  • A Commercial Invoice for export/import clearance.
  • A Packing List that itemizes the contents of the shipment
  • Bill of Lading, a legally binding contract between the owner of the goods and the carrier.

In some cases, you might also need an Arrival Notice or a Letter of Credit, depending on your arrangement with the buyer.

In addition to these documents, you'll need to navigate customs clearance and adhere to import/export restrictions specific to each country. That entails making sure your shipment complies with local regulations, duties, and taxes.

International shipping is also subject to multiple maritime laws enforced by the International Chamber of Shipping.

They include:

  • SOLAS (Safety of Life at Sea) ensures safe shipping practices.
  • MARPOL (Marine Pollution) aims to prevent ocean pollution from ships.
  • COLREG (International Regulations for Preventing Collisions at Sea) governs safe navigation.
  • Load Line Convention establishes how much cargo a ship can safely carry.
  • ISPS Code (International Ship and Port Facility Security Code) ensures the security of ships and ports.

If you're shipping specific types of cargo, you may also need other certificates.

For instance:

  • A Production Certificate for goods made from regulated materials like sustainable wood.
  • A Vessel Certificate to verify vessel ownership and maintenance and obtain a Letter of Credit.
  • A Phytosanitary Certificate to certify that plants or plant products are free from pests and meet the phytosanitary requirements of the importing country.

Finally, the mode of transportation determines what additional documentation you'll need. For air or rail shipments, you must have an Air Waybill or Rail Waybill, respectively.

Country-Specific Guidelines

Each country has unique regulatory requirements when it comes to international shipping.

Here’s a quick overview of key regulations in major shipping destinations:

  • China: Regulations such as the Maritime Traffic Safety Law by People’s Republic of China and Regulations on International Maritime Transportation govern shipping activities. These rules ensure maritime safety and fair competition in international shipping.
  • Brazil: Ordinance No. 976/2022 provides guidelines for companies participating in the BR do Mar program, which aims to boost the Brazilian shipping industry. All businesses must also register with Brazil’s Foreign Trade Secretariat (SECEX), which provides access to the SISCOMEX system for electronic import documentation.
  • EU: Before goods enter the EU, the Entry Summary Declaration (ENS) must be electronically submitted via the ICS2 system to ensure compliance and security. The Marine Equipment Safety Directive (2014/90/EU) harmonizes safety standards for equipment used on EU-flagged ships so that equipment that passes testing can be freely traded within the EU.
  • Mexico: Mexico requires companies to comply with NOM-051 for food and beverage labeling, which mandates detailed information on packaging. Products entering the country must also meet Official Mexican Standards (NOMs), which govern health, safety, and environmental protection.

Best Practices for Compliance

How do you ensure compliance with the multitude of international shipping regulations?

First, it’s important to stay organized and keep up with changing regulations. Working with freight forwarders is one of the best ways to navigate international shipping smoothly. These experts handle everything from customs paperwork to securing the right certificates.

Legal consultations may also be necessary to ensure your company is following all country-specific requirements.

Using technology to streamline your documentation process is another way to stay compliant with international shipping regulations. Many businesses now use logistics management software to generate, organize, and submit necessary documents like the Bill of Lading, Commercial Invoice, and country-specific forms.

This minimizes human error and helps prevent missing or incorrect paperwork from delaying shipments.

Finally, familiarize yourself with production-related documentation. If your cargo involves sustainable materials, for instance, make sure you have the right Production Certificates to avoid issues in regions where environmental compliance is crucial.

Ensure Compliance with Tigerhawk’s Expertise in International Shipping

Staying up to date with international shipping regulations is vital for any business looking to expand globally. Understanding key regulations, country-specific guidelines, and best practices for compliance is key to eliminating the risk of fines and delays.

Partner with Tigerhawk to overcome the numerous challenges of international shipping. Our long experience and deep expertise in global logistics are all it takes to ensure compliant shipments and timely deliveries.

Reach out today for a free consultation.

FAQs

What are the most critical international shipping regulations to be aware of?

The most critical international shipping regulations include customs clearance, where proper documentation like Commercial Invoices and Bills of Lading is required to avoid delays or penalties.

Import and export restrictions also vary by country, so it's crucial to know which goods are prohibited or restricted in certain regions.

Global regulations like SOLAS (Safety of Life at Sea), MARPOL (Marine Pollution), and ISPS (International Ship and Port Facility Security) ensure safety and environmental compliance for maritime shipping.

Since every country has its own unique rules, consulting a logistics expert like Tigerhawk can help you navigate these complexities smoothly.

How can I ensure compliance with customs requirements?

To ensure compliance with customs requirements, make sure you have all necessary documents like the Commercial Invoice, Bill of Lading, and any country-specific forms. Understand the import/export restrictions of your destination country and follow accurate product classifications. Consulting with a logistics expert or legal advisor can help ensure everything is in order.

What are the penalties for non-compliance with international shipping laws?

Penalties for non-compliance with international shipping laws can include fines, shipment delays, and even the seizure of goods. Businesses may also face legal consequences and potential damage to their brand reputation. In extreme cases, companies might be subject to further sanctions or restrictions on future trade with specific countries or regions.