(ii) A consignor under a commercial consignment in which the goods are consigned to a consignee as agent for sale other than an auctioneer or that a consignee who does not act as a consignee in the ordinary course of business and

Some jurisdictions require some act of actual receipt by the consignee others regard the placing of the goods at the free disposal of the consignee as delivery.

As a prerequisite for delivery, the consignee must produce proper identification.

(c) replace the consignee with another person, including the controlling party itself

The carrier may refuse delivery if the consignee does not produce proper identification.

Customs and appropriate officers will then verify the consignment prior to delivery to the consignee.

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This leaves the problem to what extent a consignee should be allowed not to take delivery.

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Pursuant to article 13 (previously 10) the carrier is obliged to deliver the goods to the consignee.

The chapter subsequently sets out the legal position of the carrier and the consignee in such cases.

(b) The carrier is not allowed under applicable law or regulations to deliver the goods to the consignee,

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In response to this latter point, it was observed that the consignee had no obligation to accept the cargo.

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It was indicated that, for instance, the draft text made no reference to the consignor while referring to the consignee.

And article 1 (k) (previously 1(i)) defines the consignee as the person entitled to take delivery of the goods.

In the discussion within the Working Group the question has arisen whether the duty of the consignee should be unconditional.

The duty of the carrier to deliver the goods to the consignee is dealt with in article 13 (previously 10).

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The details contained in the licenses and the receipt form will be verified against details stored in the Customs database.

It was suggested that the third party consignee is actually a part of the transaction due to the contract of sale, pursuant to which the consignee is free to negotiate conditions favourable to it, and that to argue that such a party is in need of protection is somewhat artificial.

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The Consignee of imported goods, consignor of export goods, and owner of entry articles are parties held liable for paying customs duties.

This applies even if a consignee takes samples of the goods and subsequently decides to reject them under the contract of sale.

The carrier must deliver the goods at the time and location mentioned in article 11(4) (previously 7 (3)) to the consignee.

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Further details are given in Annex 3.

Details are provided in Table 3 below.

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