The Maritime Advocate–Issue 646

Posted:

IN THIS ISSUE

1. New OPA 90 liability limits
2. The Maritime Medical Stores App
3. BIMCO Launches Anti-Corruption Clause for Shipping Contracts
Worldwide
4. Letter to the Editor
5. International Maritime Human Rights Conference
6. People and Places


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1. New OPA 90 liability limits

The US has increased the liability limits under OPA90.

On 19th November, 2015, the US Coast Guard (USCG) issued a Final Rule
increasing the limits for vessels, deepwater ports and onshore facilities
under the Oil Pollution Act of 1990 (OPA 90).

These periodic adjustments are required by law in order to reflect
significant increases in the Consumer Price Index (CPI) and preserve
the ‘deterrent effect and polluter pays principle embodied in OPA
90,’ the USCG said.

For double-hull tankers of over 3,000 gt, the new limits are the greater
of $2,200 per gt or $18,796,800.

For non-tank vessels, including those carrying edible oil and oil spill
response vessels, the new limits are the greater of $1,100 per gt or
$939,800.

The limit of liability for deepwater ports (other than the Louisiana
Offshore Oil Port (LOOP)) and onshore facilities is now $633,850,000.

Although from 1st January, 2015, single-hull tankers can no longer
operate in US waters, OPA 90 continues to specify limits for single-hull
tankers and the USCG will continue to adjust those limits for inflation.


2. The Maritime Medical Stores App

Deteriorating seafarer health and poorly-stocked onboard medical chests
are still major issues concerning maritime medical practitioners, which
is why the International Maritime Medical Association (IMMA) has developed
an App-driven Maritime Medical Stores Catalogue designed to ensure that
vessel owners and managers are meeting their obligations when it comes
to looking after the health of their crew.

It has already proved a big hit with ship owners, managers and suppliers
with over 1,500 companies already downloading this vital tool to purchase
medical and health-related items needed onboard ship.

IMMA’s easy-to-use catalogue App features over 5,000 health and
well-being products, from aspirin and cough medicine to disinfectants
and stretchers. Users are able to order medical supplies at the press
of a button, using the app’s unique ordering system from wherever
they may be in the world.

This easy to use app has a section on recommended medicines as well
as a ‘doctor’s bag’ of necessary medicines that should
be available at any time onboard ship. The medicine section can also
be interrogated by health compliant such as what medicines should be
taken for motion sickness or indigestion or coughs etc. while there
is a comprehensive list of emergency and non-emergency medical equipment
that should be used onboard ship.

A useful guide as to what medicines should form part of onboard medical
kits is also included as well as a section on alcohol and drug testing
as well as waste management and cleaning equipment – all part of
working to preventing disease onboard ship.

All medicines listed have an IMMA number which owners and managers can
quote when ordering from their ship suppliers or chandlers.

The International Maritime Medical Association was formed in 2010 with
the declared aim of promoting seafarer health and welfare and to act
as a central organisation to represent suppliers or medical services
and supplies globally. The IMMA Maritime Medical Stores Catalogue can
be downloaded from the App Store and Google Play Store.


3. BIMCO Launches Anti-Corruption Clause for Shipping Contracts
Worldwide

Gemma Wilkie from BIMCO writes:-

BIMCO, the world’s largest international shipping organisation,
has now launched an anti-corruption clause for charter parties. The
new clause will give owners and charterers a contractual platform for
cooperative action to resist demands for illegal payments from port
officials and others.

BIMCO Secretary General, Angus Frew, said:

“BIMCO recognises the importance of a united approach by the shipping
industry towards stamping out corruption in the ports and places where
the world’s merchant fleet trades.

“Use of the clause is entirely voluntary – it has been developed
for owners and charterers who want to combat corrupt practices in ports
by using a clearly worded framework in their charter parties.”

The clause can be used in any jurisdiction because it applies the anti-corruption
laws applicable to each of the parties and the local law of the place
where the ship is located.

A key provision of BIMCO’s Anti-Corruption Clause is a mechanism
for owners to issue a note of protest if an illegal demand is made and
the demand is not withdrawn.

This triggers a co-operative response by charterers and owners to the
demand. A safeguard for the owners if they issue a protest to resist
a demand and the ship is delayed is that charterers cannot place the
ship off-hire.

Inga Froysa of Klaveness, Norway, is part of BIMCO’s Documentary
Committee and headed the drafting team for the new clause. Mrs Froysa
commented:

“Our objective is to provide the industry with a fair and balanced
clause.

“The clause addresses owners’ and charterers’ responsibility
to comply with anti-corruption legislation and helps them to work together
to resist demands for illegal payments”.

She added,

“BIMCO’s Anti-Corruption Clause is the result of a concerted
effort by a team of international lawyers and practitioners to provide
an acceptable and workable alternative to the clauses currently in circulation.”

Copies of the Anti-Corruption Clause are now available to download
free of charge from the BIMCO website:-

https://www.bimco.org/Chartering/Clauses_and_Documents/Clauses/Anti_Corruption_Clause.aspx

[Our distaste for anti-corruption legislation is prompted by the way
the legislator insists on punishing the shakedown payers instead of
or as well as the shakers down. We would be more supportive if the extorters
were required to be indentified and prosecuted as part of any anti corruption
measure–ed]


4. Letter to the Editor

From Michael B Pearson.

Re the item in last week’s edition, captioned “How About some
Proper Management Systems asks Swedish Club”:-

The Swedish Club’s observations with respect to incompetence and lack
of supervision in merchant ship maintenance are of no surprise. It is
to their credit that they are willing to publicise these potentially
disastrous shortcomings.

In the 1960’s and 70’s the BP Tanker Company operated highly effective
Planned Maintenance and Shipboard Management Systems throughout their
Fleet which effectively addressed the matters in the article. These
systems were adopted by a number of shipping companies but by the early
1980’s they were abandoned despite their effectiveness. I believe the
reason for the abandonment was the cost of updating and ensuring compliance.
Owners were not willing to stand these costs and underwriters apparently
did not reduce Hull and Machinery Insurance Premiums to help offset
them.

It would appear that the consequences of these short sighted policies
have now come home to roost. A merchant ship is not a truck on the highway.
She requires competent personnel on board properly supported by professional
staff ashore; a well integrated Management System is a fundamental requirement.
The whole ethic is degrading and it will be a costly, if not impossible
task, to reverse the trend.

I have spent a working lifetime in the maritime industry and was closely
involved in the development and implementation of the Shipboard Management
System and its integration with the Planned Maintenance System. It is
apparent to me that knowledge, experience and professionalism in the
maritime industry is, sadly, in decline.

[A copy of the Swedish Club’s Report may be accessed below–ed]

http://www.swedishclub.com/media/publications/brochures


5. International Maritime Human Rights Conference

Llewellyn Banks-Hughes has written in with details on this event, to
be held on 14th September 2016 at the Royal College of Surgeons in London.
We hope many readers will make a date in their diaries and support this
venture.

http://mar-rights.com/


6. People and Places

The Lloyd’s Market Association (LMA) has appointed Beazley chief
underwriting officer Neil Maidment as Chairman. Maidment has served
on the LMA board since 2011 and succeeds Talbot Underwriting chief executive
Rupert Atkin.

During the General Assembly of the International Maritime Organisation
(IMO), which was held on Friday, 27 November 2015 in London, Cyprus
was re-elected as a Member of the IMO Council for a further two years.The
re-election of Cyprus means she will continue to be able to contribute
actively in the drafting of International Shipping policy, as well as
to promote the interests of Cyprus Shipping globally.

Steve Parker has been elected as President of CLECAT, the Brussels-based
European Association for forwarding,
transport, logistics and customs services. CLECAT’s membership
consists of the majority of national freight
forwarder associations throughout the EU and its prime purpose is to
guard and promote the freight forwarding sector’s interests at
European level. Mr Parker takes over from Mark Huybrechts.

The Liberian International Ship & Corporate Registry (LISCR), the
US-based manager of the Liberian Registry, has appointed Kostas Ladas
as general manager of its London office.

Kostas Ladas joins LISCR from London-based ship and insurance broker
and agent Victoria Steamship Co Ltd, where he was vessel operations
manager. Prior to that, he spent over 25 years with Coscon/Cosco (UK)
Ltd in London, where he held a variety of executive roles, including
Chartering & Shipbroking deputy general manager, commercial manager
and company legal adviser.

Wah Kwong boss Sabrina Chao has been officially elected as the new
chairman of the Hong Kong Shipowners Association, taking over from Valles
Steamship’s Kingsley Koo. J B Rae-Smith from China Navigation was
anointed deputy chairman. Chao becomes the first woman to head the association,
one of the most vocal shipowning bodies in the world. Chao will be in
the HKSOA top spot for two years, at which point Rae-Smith is likely
to take over.


From the Avo Archive

The website of this newsletter contains all the editorial material
since the inception of the Maritime Advocate as a print based quarterly
in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred
Arnold. Readers can go to the site and search the database on the home
page in its entirety. If you are looking for an old case, an old controversy
or you would just like to see how many times you and your firm have
featured in our annals feel free to access the archive. It is like this
e-zine, free to Readers and we always appreciate the support of advertisers
and sponsors.

Searching for references to human rights, we found this choice passage
from Issue 11 of 2nd July 2001:-

Wig ‘n’ peer

WIGS have raised their ugly heads again, if that is not too much of
a contorted analogy. An article in last Tuesday’s legal supplement in
“The Times” newspaper explained that the English Bar’s exclusive
right to wear this singular headgear
is being challenged once again, this time on the grounds that it discriminates
against solicitors and breaches human rights.

Let us deal with the human rights issue immediately, since it is ridiculous.
Last week, a London solicitor complained that wigs give barristers an
unfair advantage, and contravene the principle of “equality of
arms” under the Human
Rights Act 1998. ARMS? Surely not. The same solicitor complained, “Solicitors
can wear only black gowns, and even these are shorter than the long
billowing garments worn by barristers.” How fabulous.

Not everybody is against the wig. A 1992 Bar survey found that 89 per
cent of Crown Court defendants wanted “a proper barrister with
a wig.” Who doesn’t? But it is somehow difficult to imagine a frightened
Crown Court defendant demanding,
“I want a proper barrister with a wig.”

Somebody who would have no truck with such a request is Lord Phillips
of Worth Matravers, the Master of the Rolls, who would like to do away
with wigs, and with the five different outfits worn by high court judges,
altogether. Your editor’s feeling is that somebody called Lord Phillips
of Worth Matravers would look ridiculous WITHOUT a wig.

http://www.avoarchive.com/searchBI.php


RNLI Charity Trims the Hard Sell

Our thanks to Lyndon Johnson of “Calling BI” for this item.
Overseas Readers might like to know that the fund raising scene in the
UK has been under scrutiny for some of the practices in use:-

:The Royal National Lifeboat Institution has announced that it is changing
its approach to fundraising so only those who
have given their permission will be contacted, in a move costing the
charity £35.6m over five years. RNLI announced
that this “fundamental change” follows the scrutiny fundraising
practices have received over the last few months, and
the conclusions drawn from the Etherington review. The RNLI said that
while it welcomed recommendations that charities
should exercise greater control over their direct marketing activities,
but maintained that it wanted to go a step further.

From 2017 the RNLI will only contact individuals who have expressly
given their permission for the charity to contact
them. The charity says this is an “opt-in” system where individuals
must choose to be contacted, rather than an “opt-out”
system where supporters are automatically added to a list on a database
unless they expressly opt out – and which the
RNLI currently uses. The charity believes itself to be the first major
UK charity to announce such a change. It said this
will be a costly decision in the short-term, impacting RNLI’s ability
to fund raise and therefore the income the charity
needs to deliver its services. It estimates the move will result in
a £35.6m loss of income over five years, forecasting
that the shortfall will start at about £11m in 2016, falling to
£4m in 2020 as the RNLI finds new ways to fund its services.
Leesa Harwood, RNLI’s fundraising director, said: “The RNLI is
making this change because we need to make sure that
respect is mutual and our supporters’ trust is well placed”.

Let’s hope that they have done their sums properly.

A copy of the Ethrington review can be accessed below:-

http://tinyurl.com/hardsellcharities


Two Short Jokes

Sarah, in the personnel office received an email requesting a listing
of the department staff broken down by age and sex.

She sent this reply…

“Attached is a list of our staff. We currently have no one broken
down by age or sex. However, we do have a few alcoholics.”

A blonde, a brunette, a redhead, a vicar, a priest, a rabbi, two giraffes
and a duck, a farmer, a lawyer, an accountant, a Mexican, an Indian,
a Chinaman, an Irishman, an Englishman, a Polish guy, and a Scotsman
walked into a bar.

The bartender said, “Hang on a minute, is this some sort of joke?”