Legal Definitions - FAS

The acronym FAS has two distinct meanings in legal and related contexts:

• FAS: Free Alongside Ship

  This is an international shipping term, an Incoterm, that defines a specific point in the shipping process where the seller's responsibility for goods ends and the buyer's begins. Under FAS terms, the seller is responsible for delivering the goods alongside the vessel nominated by the buyer at the named port of shipment. Once the goods are placed alongside the ship, the buyer assumes all risks of loss or damage to the goods, as well as all costs for loading the goods onto the vessel and subsequent transportation.

  • Example 1: A Brazilian coffee exporter sells a large shipment of green coffee beans to a roaster in Italy. Their contract specifies "FAS Santos Port, Brazil."

    Explanation: This means the Brazilian exporter is responsible for transporting the coffee beans to the dock at Santos Port and placing them alongside the specific ship designated by the Italian buyer. From that moment, the Italian roaster becomes responsible for all costs and risks, including loading the coffee onto the ship, paying for ocean freight, insurance, and any potential damage or loss during the sea voyage to Italy.

  • Example 2: A manufacturer in China agrees to sell a consignment of electronic components to a tech company in Germany, with the terms "FAS Shanghai Port."

    Explanation: The Chinese manufacturer must ensure the electronic components are brought to the quay at Shanghai Port and positioned next to the German company's chosen cargo ship. Once the components are alongside the vessel, the German tech company takes on all financial obligations and risks associated with loading the goods, shipping them to Germany, and any potential issues that might arise during transit.

• FAS: Fetal Alcohol Syndrome

  This refers to a condition in a child that results from alcohol exposure during the mother's pregnancy. FAS is the most severe form of Fetal Alcohol Spectrum Disorders (FASDs) and can lead to a range of lifelong physical, mental, behavioral, and learning disabilities. While primarily a medical diagnosis, it has significant legal implications in areas such as family law, disability law, and special education, often impacting decisions about child welfare, guardianship, and the provision of support services.

  • Example 1: In a child protection case, a court is determining the best interests of a child whose birth mother consumed alcohol heavily during pregnancy. Medical evidence confirms the child has FAS, exhibiting severe cognitive impairments and distinctive facial features.

    Explanation: The diagnosis of FAS is a critical factor in this legal proceeding. It informs the court about the child's specific needs and challenges, influencing decisions regarding parental rights, custody arrangements, and the necessity of state intervention to ensure the child receives appropriate medical care, therapy, and educational support due to their lifelong disability.

  • Example 2: A public school district is developing an Individualized Education Program (IEP) for a middle school student who has been diagnosed with FAS and struggles with executive functions, memory, and social interactions.

    Explanation: The student's FAS diagnosis legally qualifies them for special education services under disability laws. The school district is legally obligated to create an IEP that provides tailored accommodations, specialized instruction, and support services (such as behavioral therapy or occupational therapy) to address the specific learning and behavioral challenges stemming from their Fetal Alcohol Syndrome, helping them access education effectively.