Agency fees are subject to negotiation.
The Malaysian International Chamber of Commerce and Industry, Kuala Lumpur, issued the following scale of agency fees as a general guideline.
Wharfage, also known as dock dues or berth occupancy charges, depending on the port, are sometimes based on the cargo handled, but charged against the vessel for occupying the wharf and is considered an ordinary port expense.
BIMCO is aware of an American arbitration (SMA Award 3024. See Bulletin No. 3/1996) which deals specifically on the above-mentioned topic of wharfage charges in Malaysia (Port Klang). In this award, the majority of the panel found the charterer responsible. However, this has not altered BIMCO's opinion.
At Port Klang the Port Authority has provided a statement to the effect that wharfage is for vessel's account for occupying the wharf. Furthermore, according to the tariff there is a minimum wharfage charge based on the vessel's GT per day. This should be distinguished from charges for the use of the wharf/quay for the purpose of receiving the cargo which is covered in the tariff separately. Furthermore, if the vessel were not to pay wharfage, then she would not pay any dues at all which, although welcome, would be very unusual.
It is thus BIMCO's opinion that wharfage must be considered to form part of the normal port expenses.
GST is applied to port disbursements in Malaysia.