1. SWBL and Telex Release
SWBL (Seaway Bill) and Telex Release are often confused. Once the bill of lading is issued, the agent will scan and send it to you. You can forward the scanned copy to the customer for cargo release. For an original bill of lading, however, you must have the physical documents in hand and courier them overseas so the consignee can exchange them for delivery.
2. Telex Release vs. Seaway Bill
Telex Release B/L: Refers to a copy of the bill of lading marked with “Surrendered” or “Telex Release,” issued by the carrier or its agent. It can be a scanned copy, photocopy, or fax.
Seaway Bill (SWB): A non-negotiable transport document that serves as proof of the international sea freight contract, confirmation that the carrier has received the goods, and a guarantee that the goods will be delivered to the named consignee.
3. Function
Telex Release B/L: Serves as the carrier’s receipt of goods, proof of the carriage contract, and the basis for exchanging the delivery order.
Seaway Bill: Serves as the carrier’s receipt, proof of the carriage contract, and as documentary evidence in resolving economic disputes.
4. Definitions
Telex Release: Short for “telegraphic release.” The carrier abroad retains the full set of original bills of lading and notifies its destination port agent to release the cargo. The consignee can present a stamped copy of the bill of lading and a letter of indemnity to take delivery.
Original Bill of Lading (O B/L): A document signed and stamped by the carrier, captain, or their agent, with the date of issue. In practice, the shipper can surrender the original bills and provide a letter of indemnity to request that the carrier notify its agent to release cargo at the destination (telex release).
5. Legal Aspects of the Seaway Bill
Applicable Law: The Hamburg Rules and domestic laws governing contracts of carriage apply. Whether the Hague or Hague-Visby Rules apply remains debated.
Consignee’s Legal Status: Under SWB principles, the shipper acts not only for themselves but also as the consignee’s agent. Thus, the consignee is recognized as a party to the carriage contract, entitled to rights and subject to obligations.
Right of Disposal: Before delivery, the shipper may request in writing to change the consignee, thus retaining control over the goods.
