The following words and phrases, wherever they appear in this Agreement, shall have the meanings assigned to them as follows:

• Agreement:

• Multimodal Transport Agreement for Goods between Arab States.

• Multimodal Transport:

• Transporting goods between two or more Arab countries using two or more different modes of transport under one transport contract and one transport document, and under the responsibility of one person (the carrier) from the point of receipt of the goods from the sender until delivery to the consignee.

• Multimodal Transport Carrier (Carrier):

• The person licensed by the competent authority in a country that is a party to this Agreement, who enters into a multimodal transport contract with the sender in their name or through another person acting on their behalf, and acts in their own capacity and assumes responsibility for executing the contract.

• Multimodal Transport Contract (Transport Contract):

• The contract concluded between the sender and the carrier or their representatives, which specifies the terms under which the carrier transports the sender's goods from one Arab country to the consignee in another Arab country for a specified fee.

• Multimodal Transport Document (Transport Document):

• A document issued under the multimodal transport contract and serves as proof of the carrier's receipt of the goods subject to transport in the condition specified therein for delivery to the consignee in the same condition. This document can be in paper or electronic form, and it is of two types:

  • 1. Negotiable Multimodal Transport Document.

  • It is "to the order of a person" or "to bearer."

  • 2. Non-negotiable Multimodal Transport Document.

  • It is issued in the name of a single consignee.

• Sender (Shipper):

• The person who has possession of the goods and enters into the multimodal transport contract in their name - or through their representative or agent - with the multimodal transport carrier to transport these goods from one Arab country to another Arab country or countries.

• Consignee:

• The person entitled to receive the goods from the multimodal transport carrier either personally or by appointing another person on their behalf.

• Fragmented Transport:

• Transporting goods using at least two different modes of transport with a separate transport document for each mode. This type of transport is not considered multimodal transport under the provisions of this Agreement.

• Person:

• Any natural or legal person (juridical).

• Competent Authority:

• The authority designated by national law in any of the contracting states to be the entity responsible for multimodal transport between Arab countries, tasked by law with establishing rules for the practice of multimodal transport and granting licenses.

• License:

• An authorization granted by the competent authority to practice multimodal transport activities, which issues a document (license).

• Executing Party:

• Any person entrusted by the carrier to execute any of their responsibilities stated in the transport contract, including maritime and air transport, land or rail transport, and water transport, as well as handling, loading, unloading, and storing the goods until they are delivered to the consignee.

• Mode of Transport:

• The physical means through which the transport process occurs, including: seas, oceans, rivers, channels, and inland water lakes, land roads, railways, air, and pipelines.

• Transport Means:

• The vehicles used to transport the goods, including trucks, trains, ships, barges, river navigation vessels, airplanes, pipelines, or others.

• Goods:

• The items that the carrier or executing party is obligated to transport under the transport contract, consisting of goods and items of any kind, unless prohibited and not allowed for import in the consignee's country, and may be consolidated or packaged in the form of parcels, pallets, boxes, or containers, or any similar method used for consolidating or packaging goods, as well as liquid, gaseous, and dry bulk materials that are not packaged. Goods may also include vehicles, equipment, and live animals.

• Delivery:

• The delivery of goods to or placing them at the disposal of the consignee or any other person who holds the transport document and is authorized to receive them from the carrier, in compliance with the laws and regulations in force in the consignee's country.

• Electronic Communication:

• The exchange of information created, sent, received, or stored by electronic or digital visual means or similar means that facilitate access to information so that it can be referred to later.

• Special Drawing Rights (SDR):

• Accounting units defined by the International Monetary Fund, converted to the national currency of the state according to the value of that currency on the date of judgment or decision or on the date agreed upon by the parties according to the valuation method applied by the International Monetary Fund and in effect on that date for its operations and transactions.

1- The provisions of this Agreement apply to every contract for the transfer of goods by a single carrier using multiple modes of transport between two or more Arab countries that are members of the Agreement.

2- This Agreement does not prevent the sender from choosing between multimodal transport or segmented transport.

3- This Agreement does not affect or conflict with the application of any international multilateral or bilateral agreements.

4- This Agreement does not affect the right of each state at the national level to establish any legislative frameworks to regulate multimodal transport operations or multimodal carriers in accordance with the requirements of each state individually, provided that it does not conflict with the provisions of this Agreement.

5- The multimodal carrier is obliged to follow the laws and regulations of the country in which it operates, in accordance with the provisions of this Agreement.

6- Domestic legislation applies to all matters not covered by the provisions of this Agreement.

1- The transport activity is carried out by the transport contractor after obtaining a license for that purpose.

2- National laws in each country separately determine the competent authority that approves the rules for practicing multimodal transport activities.

3- The contracting states of this agreement work to unify the rules for practicing multimodal transport activities.

The transport contractor must link the transport contract to a valid insurance document to cover all its financial obligations stipulated in this agreement and in accordance with national legislation.

1- Upon the conclusion of the transport contract and the transfer of the goods to the responsibility of the carrier, he must issue a transport document that is either negotiable or non-negotiable, as chosen by the sender, and deliver it to him.

2- The transport document must be signed by the carrier or any person authorized by him.

3- Every "consignee" whose name is mentioned in the negotiable or non-negotiable transport document, or who has the right to act regarding the goods that will transfer ownership to him, must have all the rights and responsibilities of the sender.

4- According to paragraph (3), there should be nothing that limits or affects the carrier's right to claim his financial rights from the sender or limits the responsibilities of the sender or the consignee or the right to act regarding the goods for the payment of these rights.

5- If the transport document is issued as negotiable, it shall be:

• أ - If it is issued to order, it shall be transferable by endorsement.

• B- If it is issued to bearer, it shall be transferable without endorsement.

• C- If it is issued in more than one original, the number of these originals must be indicated, and each must be numbered separately.

• D- If any copies are issued from the document, it must be stated on each "copy the phrase 'non-negotiable copy'."

6- If the transport document is issued in a non-negotiable form, the name of the consignee must be specified in it.

1- The transfer document must contain the following data:

• A- The general nature of the goods, the necessary marks for identification, their characteristics, and a clear note regarding the hazardous nature of the goods.

• B- The number of containers, packages, or pieces, the total weight of the packages, heads of livestock, or the total weight or quantity of the movable property being transferred.

• C- The apparent condition of the goods.

• D- The name and address of the sender.

• E- The name of the recipient (if specified by the sender) and their address.

• F- The name of the multimodal transport contractor and their principal place of business.

• G- The value of the goods.

• H- Indication of whether the transport fees are paid by the recipient or the sender.

• I- The total transport fee or the transport fee for each mode of transport if agreed upon by the parties.

• J- The place and date of the transfer of the goods to the responsibility of the multimodal transport contractor or the executing party.

• K- The place of delivery of the goods.

• L- The date or period of delivery of the goods at the place of delivery if agreed upon by the parties.

• M- Indication of whether the document is negotiable or non-negotiable.

• N- The place and date of issuance of the document.

• O- The signature of the transport contractor or the authorized person.

• P- The intended route of the journey, the modes of transport used, and the places of transfer of the goods from one mode to another, if known at the time of issuance of the document.

• Q- A declaration that the document is issued in accordance with the provisions of this agreement.

• R- The name of the insurance company, the insurance contract number, and its date.

• S- The number of the multimodal transport document and the number of original copies.

• T- What is agreed upon between the parties to the contract unless it conflicts with the relevant laws.

• U- Any reservations by the transport contractor or the sender, if any, with a statement of the reason.

2- The transport contractor prepares this document based on the data provided by the sender regarding the details of the goods to be transferred and the terms contained in the contract between the sender and the transport contractor.

3- The transfer document must include at least the data indicated by the mark in paragraph (1) of this article.

4- The omission of one or more items from the data of the transfer document - except for those mentioned in the third paragraph - or their inaccuracy does not affect the legal nature of the document or its validity.

1- If there is suspicion on the part of the carrier that what is stated about the goods specified in the transport document does not accurately represent the actual goods that have come under their responsibility, and it is not possible through reasonable and practically applicable means to confirm that suspicion, then the carrier or their authorized representative must add a reservation to the document specifying the inaccuracy and the reason for the suspicion.

2- The signature of the carrier on the document without any reservations or additional comments is considered an acknowledgment of the accuracy of everything stated in the transport document regarding the goods to be transported.