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closed or if some means of denying entry into it should exist; suggesting means to limit overtonnaging; and commenting on what the government's role ought to be as a court of last resort, we might be able to abolish the Federal Maritime Commission as one part of the solution.
Mr. Avery. To develop a shippers' council is going to take some time.
Mr. McCLOSKEY. Two weeks ago I met Mr. Angolia, who unfortunately is no longer with you. He told me that over the past 5 years shippers in New York had been meeting, and despite this admonition from the Justice Department had come up with a charter to create a shippers' council which might operate to restore some kind of economic balance with the carriers. Do we have a copy of that charter? Mr Chairman, I ask permission to insert in the record at this point the charter for a shippers' council that has been drafted by the New York Chamber of Commerce.
The CHAIRMAN. Without objection, it will be placed in the record at this point.
[The following was received for the record :]
JOINT COMMITTEE ON A U.S. SHIPPERS COUNCIL: NEW YORK CHAMBER OF
COMMERCE AND INDUSTRY/AMERICAN IMPORTER'S ASSOCIATION Structure and Responsibilities of the Executive Committee
1. President: The President shall be the presiding officer of the U.S. Shipper's Council. It shall be the duty of the President to preside at all regular and special meetings of the Executive Committee and the Board of Directors, to establish all Standing and Special Ad Hoc Committees of the Council, unless otherwise provided for by resolution of the members, and he shall be a member ex-officio of all such Committees.
2. 18t Vice President: Chairman: Policy, Legal and Legislative Committee: Supported by counsel, this committee will report upon and recommend national legislation affecting International Transportation and will present the Council's position to the Congress and/or Administration on all legislative matters as directed by the Executive Committee.
This committee will: Analyze and report upon the activities of the federal international transport regulatory agencies; present the Council's position to regulatory agencies as directed by the Executive Committee : review and report upon organization, status, personnel and procedures, and matters affecting practice before such agencies; recommend policy positions the Council should take to the Board of Directors.
In the absence of the President, the 1st Vice President shall preside at meetings of the Council which would require the presence of the President and shall assume all duties of the President as necessary.
3. Vice President: Chairman: Planning and International Liaison Committee: This committee will provide liaison between the Council and other Shipper Councils through the world. As appropriate, it will recommend that the Council support positions and programs undertaken by the U.S. Council.
It will maintain liaison with other U.S.A. and foreign organizations to support all realistic programs to simplify international trade documentation, distribution and other areas related to the improvement of world trade.
It will review, organize and assign to appropriate committees all questions and projects referred to the Council for investigation or action.
4. Vice President: Chairman: Nominating and Education Committee: This committee will be responsible for the nomination of members of the Board of Directors, Executive Committee, and Chairman of Standing Committees. It will also be responsible for the structure and design of educational programs, seminars and provide liaison with Universities and other institutions having international transportation programs or curricula.
5. Vice President: Chairman: Membership, Auditing and Finance Committee: This committee is responsible for:
Promoting membership in the Council, receiving applications of new members, approving or disapproving such applications and recommending the
Board of Directors' acceptance of those applications approved by the committee.
Auditing or reviewing and making recommendations on audits performed on the national and regional levels of the financial and operational performance of each unit.
Reviewing and making recommendations on budgetary requirements of the Council, dues structure, and all other matters of a financial nature related to the Council's affairs and responsibilities.
6. Treasurer: The Treasurer shall collect all membership dues, fees and assessments and receive all monies donated or otherwise given to the Council which have been accepted by the Executive Committee. He shall maintain financial records and report results to the Executive Committee and the Board. He shall set standards and reporting requirements to be observed by regional treasurers.
7. thru 11. Vice Presidents-Regional: The Regional Vice Presidents will preside at meetings of the Regional Steering Committees, appoint regional committee chairmen unless otherwise provided for by resolution of the members, and he shall be a member ex-officio of all such committee.
The Regional Steering Committees shall be composed of the Regional VicePresident, Treasurer, Administrator and Chairmen of the Regional Standing Committees.
12. Executive Director: The Executive Director, subject to the orders of the Board of Directors, and under the guidance and supervision of the President, shall be responsible for the management of the offices of the Council; for the maintenance of informational services to the members; for liaison with Government agencies, and carrier conferences and associations, as well as the various regional groups within the Council.
The Executive Director shall also serve as the Corporate Secretary. In this capacity, he shall cause to be kept a record of all meetings of the membership, the various committees, the Board of Directors, and the Executive Committee. He shall perform such other duties as may be required by law.
He shall recruit, hire and direct the activities of the executive staff including the Regional Administrators as approved by the Executive Committee and authorized by the Board. All salaries shall be determined each fiscal year by the Board. Regional staff shall be hired by the Regional Administrator subject to the approval of the Executive Director and the Regional-Vice President.
In addition to the Executive Committee and the committee organizations described therein the headquarters organization will also contain national chairmen of the Linear Committee the Ports and Intermodal Committee, the Air Transport Committee and the General Business Committee. The chairmen of these committees will be nominated by the Nominating and Education Committee and will be appointed by the Executive Committee after review by the Board. The responsibilities of these offices are as follows:
1. Liner Committee: This committee will keep abreast of all activities and events in the areas noted below, conduct research and recommend courses of action to the Executive Committee. In pursuit of their objectives, the committee or sub-committees thereof may meet with carriers, conferences, associations, bureaus and government agencies to elicit information and help clarify issues and problems. With the approval of the Executive Committee, the committee will negotiate agreements on specific subjects with the carriers and groups named above. Detailed minutes of all such meetings will be reported to the Executive Committee. The areas of responsibility of the committee will include but not be limited to the following:
1. Ocean Freight Rates (not dry or liquid bulk charter):
a. General rate increases by individual carriers, conferences or rate agreement groups.
b. Mini-landbridge rate levels, divisions of revenue and services (coordinate with Ports and Intermodal Committee).
2. Surcharges : a. Congestion surcharges (coordinate with Ports and Intermodal Committee) b. Bunker surcharges. c. Currency adjustment surcharges. 3. Ocean Freight Tariffs : a. Amendments or changes in rules or regulations. b. Tariff interpretation. c. Tariff structure and composition. 4. Port Charges (coordinate with Ports and Intermodal Committee) : a. Handling.
2. Ports and Intermodal Committee: This committee will meet with officials of Ports, Port Authorities, associations of Ports and government agencies to discuss shippers' interests with the object of promoting the general efficiency of Port services at the least possible cost to the importer and exporter. The council would seek to maintain and improve consultation between Port users and Port management on all matters of common concern. The committee would further advise shippers on specific port problems and if need be, take up these issues on behalf of shippers with the authorities concerned.
The committee will also consider short and long term problems related to the transfer and interchange of cargo and equipment between modes including domestic transport, meeting as necessary with providers of service in these areas to clarify and resolve problems.
The committee will work to facilitate the movement of freight between U.S.A. and Canada/Mexico to overseas facilities; ease of customs clearance; availability of transportation services; port and inland facilities in Canada and Mexico; documentation requirements. n the course of its work, it should consult with, and request action, by other committees on matters pertaining to these activities.
3. Air Transport Committee: This committee will be organized and will operate in a fashion similar to that described for the Liner Committee above, addressing issues and problems related to the international transportation of cargo by air. In addition, it will concern itself with airport faciilties and operations, functioning in a fashion similar to the Ports and Intermodal Committee described above.
1. General Business Committee: This committee will consider all matters related to international trade not covered by the activities of the standing committees described above. It will establish such committees described below. It will establish sub-committees at the national or regional level to consider matters in, but not limited to, the following areas:
1. Data Collection-EDP: To promote the utilization of all participants in international trade, or the most modern techniques of data collection, processing and distribution. To assist the Council in its research efforts by identifying and recommending existing EDP techniques to develop information for use by the Council.
2. Documentation: To keep completely current with developments and matters pertaining to simplification of international shipping documents, coding systems and customs documentation. The committee should work closely with NCITD and other similar organizations through the world,
3. Insurance: To ensure that goods move in international commerce with adequate protection, commensurate with the liability of all parties concerned, and that equal protection in cases of loss or damage be afforded all parties to the movement. The Committee objectives shall include, but not be restricted to the following: Matters pertaining to loss and damage claims; uniform claims forms; limitation of liability: claim settlement procedures: claim prevention activities, including packing and loading methods; participation with carriers in claim prevention programs.
It will also issue advisories to the membership highlighting problems of excessive pilferage or damage existing at any U.S.A. or foreign port together with recommendations on how to avoid or reduce losses when shipping to or from such locations.
4. Distribution: To concern itself with all aspects of physical handling of cargo in international trade including such aspects as proper packing and labeling for the various modes of international transportation. It will serve as an information resource to the members as well as a center for review and comment on any and all standards for labeling and packing (including hazardous materials), proposed or promulgated by conferences, regulatory bodies or other in the U.S. or abroad affecting U.S. import or export trade.
5. Freight Payments: To review and improve payment of freight and ancillary charge consistent with modern financial practices. To modify and improve payment systems and dating limitations.