Packing lists and supporting shipping documents constitute the documentary complex supporting the operational handling of cargo across the international supply chain, complementing the principal commercial and transport documents. The supporting documentation includes packing lists detailing the packages and their contents; weight and measurement certificates providing independent verification of cargo quantities; inspection certificates documenting the inspection of the goods by independent agencies; insurance certificates evidencing the cargo insurance procured; dangerous goods declarations for hazardous cargo; and the broader documentary structure supporting customs clearance, sectoral compliance, and operational handling. Under Iraqi law, the requirements engage the Customs Law No. 23 of 1984, sectoral instruments, and the operational practice of the General Authority of Customs.
Packing Lists
The packing list is the document identifying the packages constituting the shipment and their contents in detail. The packing list typically contains:
- Reference to the invoice, the order, and the bill of lading or other transport document
- Marks and numbers identifying each package
- Description of the goods within each package
- Quantity of goods within each package
- Net and gross weight of each package
- Dimensions of each package
- Total number of packages, total weight, and total volume
- Container numbers where the goods are containerised
The packing list supports the verification of the shipment against the commercial invoice and the transport document, supports the operational handling of the cargo through loading, transport, and unloading, supports the customs inspection by identifying the goods within each package, and supports the consignee in the receipt and inventory of the goods.
Packing Standards
The packing of goods for international shipment should comply with:
- International standards for the protection of goods in international transport
- Specific requirements applicable to the mode of transport (maritime, air, road, rail)
- Specific requirements applicable to the category of goods, including for dangerous goods, refrigerated goods, and fragile items
- Iraqi-specific requirements for the labelling of packages with information about the goods, the country of origin, and other elements
- Phytosanitary requirements for wooden packaging under the International Plant Protection Convention (ISPM-15)
Packing defects are a frequent source of cargo damage claims and a source of customs and sectoral clearance issues.
Weight and Measurement Certificates
Weight and measurement certificates provide independent verification of the weight, volume, or other quantitative parameters of the cargo. The certificates are issued by:
- Independent inspection agencies engaged by the parties or required by the regulatory framework
- The carriers themselves at the time of loading
- Port and terminal operators at the points of loading and discharge
- Specialist weighing and surveying companies
Weight and measurement certificates support the customs valuation calculation (where the duty is calculated by reference to weight or measurement), the verification of cargo quantity against the contract, the assessment of carrier liability, and the resolution of disputes engaging cargo quantities.
Inspection Certificates
Inspection certificates document the inspection of the goods by qualified inspectors prior to shipment or at the point of importation. The principal categories include:
- Pre-shipment inspection certificates, issued by inspection agencies engaged by the buyer or required by the regulatory framework, documenting the conformity of the goods with the contract specifications and applicable standards prior to despatch
- COSQC conformity certificates, issued under the Standards and Quality Control Law No. 54 of 1979, documenting the conformity of the goods with Iraqi mandatory standards
- Phytosanitary certificates, issued by the competent plant protection authority in the country of export, documenting the absence of plant pests and the satisfaction of phytosanitary requirements
- Veterinary certificates, issued by the competent veterinary authority in the country of export, documenting the health status of animal products
- Quality and analysis certificates, documenting laboratory testing of samples for compliance with quality standards
- Sectoral certificates for specific industries, including pharmaceutical certifications and food safety certifications
Inspection certificates engage substantive procedural and substantive requirements that should be addressed in the supply contract and the shipping arrangements.
Insurance Certificates
Insurance certificates document the cargo insurance procured for the shipment. The principal forms are:
- Insurance policies, issued for specific shipments, providing the comprehensive terms of the cover
- Insurance certificates issued under open cover or floating policies, providing summarised cover information for individual shipments under a broader insurance arrangement
- Letter of insurance, providing simplified confirmation of cover
The insurance documentation should specify the assured, the cargo covered, the voyage covered, the perils insured against, the sum insured, the conditions of cover, the deductible or excess, and the procedure for claims. Where the insurance is procured by the seller for the buyer’s account under CIP or CIF INCOTERMS, the documentation should support the buyer’s interest in the cover and the buyer’s ability to bring claims directly against the insurer.
Dangerous Goods Declarations
Dangerous goods are subject to specific declaration requirements supporting the safe transport and handling of the goods. The principal frameworks engage:
- The International Maritime Dangerous Goods Code (IMDG Code) for maritime transport
- The IATA Dangerous Goods Regulations for air transport
- The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) for road transport, where applicable
- The Iraqi sectoral instruments addressing dangerous goods, with engagement of the Civil Defence Directorate and other relevant authorities
The dangerous goods declaration identifies the goods by reference to the UN Number, the proper shipping name, the hazard class, the packing group, the quantity, and the packaging specifications. The declaration is mandatory for transport of dangerous goods, and the failure to provide an accurate declaration engages substantial consequences including refusal of carriage, off-loading of cargo, and liability for the consequences of incidents arising from the misdeclaration.
Customs Documentation
The customs documentation supplementing the principal commercial and transport documents includes:
- The customs declaration in the form prescribed by the General Authority of Customs
- Customs power of attorney where a customs broker acts on behalf of the importer
- Documentation supporting any applicable exemption, including the Investment Licence, free zone documentation, or sectoral exemption documentation
- Documentation supporting suspensive customs regimes, including temporary admission documentation and customs warehouse documentation
- Bank documentation evidencing payment, particularly relevant to letter of credit transactions and to foreign exchange compliance
Documentation Sequencing
The substantive documentation supporting an Iraqi import operation typically engages the following sequence:
- Pre-shipment: pro forma invoice, contract documentation, sectoral pre-approvals, COSQC certifications, letter of credit issuance
- At shipment: commercial invoice, packing list, certificate of origin, bill of lading or other transport document, inspection certificates, insurance certificate, dangerous goods declaration where applicable
- At customs clearance: customs declaration, documentation supporting tariff classification and customs valuation, documentation supporting any applicable exemption, importer’s documentation including commercial registration and commercial agency registration
- Post-clearance: customs release documentation, payment documentation, documentation supporting bank settlement
The documentation should be prepared and circulated with attention to the operational sequence and the requirements of each stage.
Documentation Discrepancies
Documentation discrepancies are among the most prevalent operational issues in international trade and the principal source of clearance delays and disputes. The principal categories include:
- Inconsistencies between the commercial invoice and the transport document (regarding parties, goods, value)
- Inconsistencies between the documentation and the actual goods presented at customs
- Discrepancies between the documentation and the requirements of letters of credit
- Inconsistencies in language, currency, or measurement units
- Missing or expired certifications
Operators should implement document review procedures supporting the consistency and completeness of documentation prior to despatch and prior to presentation at customs.
How We Can Help
Etihad Law Firm advises on packing lists and shipping documentation in Iraqi trade, including the structuring of documentation for compliance with the Iraqi customs and sectoral frameworks, dangerous goods declarations, insurance certification, inspection certification under COSQC and sectoral frameworks, response to documentation discrepancies at clearance, and the conduct of disputes engaging documentation matters.