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PROPOSED AMENDMENTS TO COGSA
Section 12, 46 U.S.C. App. $ 1311
Nothing in this Act shall be construed as superseding any part of the Aet entitled "An Aet relating to navigation of vessels, bills of lading, and to certain obligations, duties, and rights in connection with the carriage of property", approved February 13, 1893, or of any other law which would be applied ble in the absence of this Aet, insofar as they relate to the duties, responsibilities, and liabilities of the ship or carrier prior to the time when the goods are loaded on er after the time they are discharged from the ship.
Section 13, 46 U.S.C. App. § 1312
This Act shall apply to all contracts for that include the carriage of goods by sea covering transportation to or from ports of the United States in foreign trade. As used in this Act, the term "United States” includes its districts, territories, and possessions. The term “foreign trade” means the transportation of goods between the ports of the United States and ports of foreign countries. Nothing in this Aet shall be held to apply to contracts for carriage of goods by sea between any port of the United States or its possessions, and any other port of the United States or its possessions: Provided, however, that any bill of lading or similar document of title which is evidence of #contract for the carriage of goods by sea between such ports, containing an express statement that it shall be subjeet to the provisions of this Aet, shall be subjeeted hereto as fully as if subjeet hereto by the express provisions of this Aet; Provided further, That e Every bill of lading or similar document of title which is evidence of contract of for the carriage of goods by sea covering a shipment from a ports of the United States,
in foreign trade, shall contain a statement that it shall have effect subject to the provisions of this Act.
Section 14, 46 U.S.C. App. $ 1313
Upon the certification of the Seeretary of Commeree that the foreign commeree of the United States in its competition with that of foreign nations is prejudiced by the provisions, of any of them, of title Iof this Aet, or by the laws of any foreign country or countries relating to the carriage of goods by sea, the
708 HOUSTON JOURNAL OF INTERNATIONAL LAW
President of the United States may, from time to time, by proclamation, suspend any or all provisions of title Iof this Aet for such periods of time or indefinitely as may be designated in the proclamation. The President may at any time reseind such suspension of title thereof, and any provisions thereof which may have been suspended shall thereby be reinstated and again apply to contraets thereafter made for the carriage of goods by sea. Any proelamation of suspension or reseission of any sueh suspension shall take effeet on a date named therein, whieh date shall be not less than ten days from the issue of the proclamation.
Any contract for the carriage of goods by sea, subject to the provisions of this Aet, effeetive during any period when title Hereof, or any part thereof, is suspended, shall be subjeet to all provisions of law now or hereafter applicable to that part of title I which may have thus been suspended.
Section 15, 46 U.S.C. App. § 1314
This Act shall take effect ninety days after the date of its approval; but nothing in this Act shall apply during a period not to exceed one year following ito approval to any contract for the carriage of goods by sea, made before the date on which this Aet is approved, nor to any bill of lading or similar doet ment of title issued, whether before or after sueh date of ap proval in pursuanee of any sueh contraet as aforesaid. Cases in which the goods were received by a carrier prior to the effective date of this Act shall be governed by the law that would have applied but for the passage of this Act.
Section 16, 46 U.S.C. App. $ 1315
This Act may be cited as the "Carriage of Goods by Sea Act of 1996."
I am writing to you as an active member of the law firm of Healy & Baillie, LLP, which I joined in 1979. I wish to express my support for the bill which is expected to be submitted shortly to the United States Senate, although a Senate bill number has not yet been assigned, entitled "Carriage of Goods by Sea Act 1998."
In order to enable you to understand my specific interest in this issue, I would like to give you some information about the nature of my law practice and why I have an interest in this proposed legislation. I was admitted to practice in New York in 1962 where I have been continually engaged in the practice of maritime, shipping and international law. Prior to my joining Healy & Baillie, LLP, I had been engaged in the practice of international and maritime law with another law firm as well as with Bethlehem Steel Corporation as their maritime counsel.
In this law practice, I have become heavily involved in numerous commercial transactions and litigations, both in the United States and in foreign countries. My practice has included acting as counsel for various members of the maritime industry, including shippers, carriers and related parties. I have had substantial involvement in matters relative to claims involving the transportation of goods in the foreign commerce of the United States.
I am also a member of The Maritime Law Association of the United States ("MLA") and currently serve as a member of its Board of Directors. I consider myself quite knowledgeable about the study of carriage of goods prior to the anticipated introduction of
HEALY & BAILLIC, LLP CONNECTICUT. TELEPHONE (203) 961-7250 TELECOPIER (203) 357.7909
HEALY & BAILLIE . NEW JERSEY • TELEPHONE: 1973) 912-8955. TELECOPIER (973) 912-9767 HEALY & BAILLIE • HONG KONG • TELEPHONE 185 21 2537-8628. TELECOPIER 18521 2521-9072
Page 2 April 1, 1998
the Senate bill. As an adjunct professor of law at Touro Law School, I also have occasion to discuss the study as a topic for discussions in my class on admiralty and maritime law. I am cognizant of the present situation, namely, that the MLA, as well as a coalition consisting of shippers, carriers and others with heavy involvement in the maritime industry in the United States and related industries, are fully supportive of this proposed legislation.
I wish to add my support to this proposed legislation and would enlist your assistance toward this end.
Howard M. McCormack