Portinvest Logistic Company has long been a reliable partner in providing a range of services related to the transportation of goods through the sea ports of Ukraine. One of the directions of activity is sea agency with observance of all norms and rules established by the legislation of Ukraine, the Company is also guided by the purposes and principles provided by the Convention on the Code of Conduct for Liner Conferences.
Responsibility and professionalism of the Company's employees allowed not only to increase by 67% the quantity of cargo handled by private terminals of TIS-Ruda Ltd, TIS-Container Terminal Ltd and the state stevedore of the State Enterprise Sea Commercial Port “Yuzhny” in the seaport Pivdenniy, but also led exclusively to the increase of receipts of port dues both to the SE "ASPU" and to the TIS-Container Terminal Ltd, to preservation of workplaces and positive employment of port workers, providing business, stable authority of Ukraine in international trade relations.
It is quite obvious that it is not in the interests of the state Ukraine someone is "forming" an attempt to create a media campaign to discredit the legitimate activities of the labor collective of "Portinvest Logistic" LLC through non-professional publications and appeals to various law enforcement agencies. All this comes down to an attempt by unscrupulous market participants to solve the problems of their own business by eliminating a more successful, competent and professional competitor, which is Portinvest Logistic Company, by spreading false information.
In order to strengthen the effect of "raider" seizure of business, a lawyer with a well-known name in Ukraine Masi Nayem was involved in this process. Not specializing in the field of maritime law, he interprets the domestic and international legislation governing international liner shipping in his own way. In his appeals and publications, attorney Masi Nayem criticizes the FAYETTE LINE SERVICES line, which responsibly carries out marine transportation in compliance with all norms and rules established by law.
At the same time, in violation of Article 7 of the Rules of Advocate's Ethics, Masi Nayem shows a clear non-professional skill by pointing out deliberately false "information", referring to the fact that he became aware of them "in the course of his professional activity.
Just pay attention to the fact that this "information" every time changes depending on his appeals to law enforcement and judicial authorities: on January 8, 2020 lawyer Masi Nayem claimed that fake documents are used to obtain benefits when paying the port fee of "Portinvest Logistic" LLC, and when the court refused to register such proceedings, on February 3, 2020 he "decided" to blame the Administration of Sea Ports of Ukraine.
For lawyer Masi Nayem we explain the following:
Shipping lines are beneficial to all: ports receive guaranteed loading, seagoing ships also have a guarantee of employment and workload, market participants can timely fulfill contractual obligations to supply goods in the agreed volumes, quality and in clear terms, the state receives more port charges due to regular calls. At the same time, the recipient of discounts for work in the foreign navigation line mode is a vessel and not an agent.
It is important for Ukraine that the obligatory port of call of the lines is the Ukrainian sea port. Thus, the line of foreign navigation FAYETTE LINE SERVICES makes regular voyages by the declared cape-size ships to the mandatory sea port Pivdenniy, as provided by the Order of the Ministry of Infrastructure of Ukraine №790 dd. 14.10.2013. It is important to emphasize that according to the same Order of the Ministry of Infrastructure only the sea port of Ukraine may be an obligatory linear port, while foreign seaports are optional.
In the Ukrainian legislation there are no exceptions for types of cargoes transported on the line. In particular, the FAYETTE LINE SERVICES line transports iron ore and coal. The world experience also includes not only container and passenger lines, but also other types of bulk cargo transportation. In the world navigation there is no "common understanding" or "traditionally so accepted" in relation to lines, as pseudo-specialists say. All actions, including those along lines, are defined strictly within the regulatory legal framework.
The United Nations Conference for Trade and Development (UNCTAD), in its guidelines for the application of the Convention on a Code of Conduct for Liner Conferences, indicates that the Convention applies to liner conferences, tariff agreements and other similar agreements, but not to all liner shipping. It also indicated that the procedure for registration of a foreign navigation line and the criteria to be applied to a foreign navigation line should be determined by national legislation and specified that the main characteristics of a line service were fixed traffic between ports or other fixed terminals, according to a previously declared schedule. At the same time, there are no requirements for the carriage to be performed in containers, packages or in bulk, and there are no restrictions. References to violation of international norms are all the more insolvent because Ukraine is not a party to the Convention on the Code of Conduct for Liner Conferences, that is, its provisions do not apply to Ukraine.
Portinvest Logistic advocates ratification of the Convention because the objectives and principles set out therein declare the development of international trade and non-discrimination against shipowners or cargo owners. All agents in Ukraine, in our opinion, should adhere to these principles.
Portinvest Logistic is ready to join with Masi Nayem in a joint initiative to ratify the Convention on the Code of Conduct for Liner Conferences, as well as its implementation in the legislation of Ukraine, including regulations that regulate lines of foreign navigation, using his deep interest in the field of maritime transport. Such cooperation, in our opinion, will make it possible to exclude manipulations around liner shipping and make this institution open and transparent for all agents, shipowners and officials who will adhere to the purposes and principles of the Convention.
Portinvest Logistic will continue to fulfill its obligations to the state of Ukraine and its clients in a respectful, professional and open manner in order to ensure smooth operation of shipping lines with the obligatory Ukrainian port of call.
Shipping line operated by Portinvest Logistic Company increased the load at Pivdenniy seaport by 67%
28.02.2020