IN THIS ISSUE
1. Assessing Damages Under English Law
2. US Designates Additional SDNs Under its Iranian Sanctions Regime
3. Hamburg Addresses Association Football’s Lame Duck Period
4. Death at Sea
5. Return of the Somali Pirates
6. People and Places
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1. Assessing Damages Under English Law
Gavin Ritchie has sent us a note from the Charterer’s P&I Club on the decision in Globalia Business Travel v. Fulton Shipping [2017] UKSC 43. He writes:-
The Supreme Court was recently called upon to decide what the correct measure of damages was in circumstances where an innocent party, in this case the Owners, obtained a capital windfall by the sale of the subject vessel (âNew Flamencoâ) which the defaulting party, the Charterers, alleged was a step in mitigation, and would not have occurred had it not been for their breach i.e. causation was established and thus the windfall should be credited to them so as to reduce Ownersâ damages claim.
Read the note here:-
https://www.themecogroup.co.uk/charterers-liability-insurance/publication/7698/
2. US Designates Additional SDNs Under its Iranian Sanctions Regime
The ;lawyers at Seward & Kissel in New York have sent in the following client alert:-
On Tuesday, July 18, 2017, the US Department of the Treasury announced the designation of 16 entities and individuals for “engaging in support of illicit Iranian actors or transnational criminal activity.” Additionally, the US State Department designated two entities “involved in Iran’s ballistic missile program.” These designations were made pursuant to preexisting executive orders and there is no “new” sanctions law with respect to Iran. The designated entities and individuals have been added to the Office of Foreign Assets Control’s (“OFAC”) Specially Designated Nationals and Blocked Persons (“SDN”) List. As such, all property and interests in property of those designated are blocked, and US persons are prohibited from engaging in transactions with them. OFAC maintains a Sanctions List Search
https://sanctionssearch.ofac.treas.gov/
which can be checked to see if a particular entity or individual has been designated.
Also on Tuesday, President Donald Trump certified to Congress that Iran remains in compliance with its obligations under the Joint Comprehensive Plan of Action (“JCPOA”). Hence, although the additional designations have been described in the media as newly imposed sanctions, there have not been any changes to the US sanctions regime with respect to Iran.
As explained in a previous client alert dated January 19, 2016
http://www.sewkis.com/pubs/xprPubDetail.aspx?xpST=PubDetail&pub=736
the US joined the European Union (“EU”) and United Nations (“UN”) in lifting a number of their nuclear-related sanctions on Iran, including so-called “secondary sanctions,” and sanctions on foreign subsidiaries of US persons. The JCPOA, as the Iran deal is known, includes a “snap back” provision, which provides that if Iran violates the agreement, the sanctions that have been suspended or lifted will be re-implemented. Although President Trump has publicly criticized the JCPOA and OFAC has added individuals and entities to the SDN List, President Trump has not taken any steps towards reimplementation of suspended sanctions or imposed new ones to date. Nevertheless, it is important for both US persons and foreign corporations doing business with Iran to consider the implications of these events occurring.
http://www.sewkis.com/aboutus/xprCallOut.aspx?xpST=AboutUs
3. Hamburg Addresses Association Football’s Lame Duck Period
From the shipping capital of Germany comes this announcement from Albrecht Gundermann & Oliver Trennt:-
Dear Soccer-Supporting-Shipping-Community,
After the success of German teams in the Confederation Cup in Russia and the Under 21 European Cup in Poland, we have entered into a boring No-Soccer-on–Any-TV Channel-Summer-Lull-Period.
That is the perfect timing for us to announce this yearâs most traditional shipping soccer game âShipowners versus Bankersâ, which is to take place on:
6th September, 2017
at
18:00 hours
at
Adolf-JĂ€ger-Kampfbahn in Hamburg-Altona again.
Please mark your calendars accordingly and more importantly join us on the sideline for a German grilled sausage and a beer. We will not only try to organize a beautiful and warm summer evening as we have enjoyed in the last years but we will try to entertain you with another intense 90 minutes fight in which the hosting bankers will try to achieve their second consecutive victory against the shipowners. The announcement of the teams will follow soon, whereby we may have a hard time trying to distinguish between owners and bankers these days as the transition becomes more and more seamless.
However, what we can already reveal is that both teams are not expected to substantially reduce their respective average age. Duckdalben will once again collect donations for its international seamenâs club thus bring your checkbooks. In addition prize tickets for a Hamburg football game will be awarded by lot from all supporters of our game who deposit their business cards into the tombola box at the entrance.
https://www.bankers-vs-shipowners.com/
Editorial Note: The high level of linguistic attainment in these occupations is attested by the effort to supply a good English equivalent for the name of the venue of this prestige match, Adolf-JĂ€ger-Kampfbahn.
See:
https://www.bankers-vs-shipowners.com/adolf-j%C3%A4ger/
4. Death at Sea
For all those who have to worry about such things, Linda Wright, claims executive at UK P&I Club, gives this advice on what to do when death occurs at sea:
âDeath in a workplace environment is not any easy issue to broach but having a regimented, step-by-step plan in place to deal with such tragic circumstances is integral both from a humane and logistical standpoint, especially whilst at sea.
âWhen the unexpected death of a crew member occurs at sea, action must be taken to preserve the body and show respect for the deceased and their families. Appropriate contact with family members by shoreside personnel is important and proper procedures for handling the body must be implemented, which is particularly critical if the ship is days or weeks from arriving at a port where the deceased can be disembarked.
UK P&I Club has the following advice regarding handling of the body:
Donât place the body in the freezer
âIt is a common misconception that the best course of action to preserve a dead body is to freeze it. However, when a body is frozen, the tissues dehydrate and the body develops freezer burn, causing discolouration of the skin. This can make it problematic or even impossible for family members to recognise the deceased, heightening their distress at such a sensitive and emotional time.
âFurthermore, handling bodies when they are frozen can cause fracture, which will negatively influence the investigation and make the medicolegal interpretation of the examination results difficult. Also, if frozen, it takes approximately three days for the body to thaw before an autopsy can take place, and the body will decompose much more quickly than if it had been refrigerated.
Store the body in the refrigerator
âIf it is anticipated that the body will not be stored on board for longer than two months, then the deceased should be placed in a body bag and stored at 4° Celsius/39° Fahrenheit in a refrigerator or cold store. This should effectively retain and preserve the body for post-mortem examination and for burial ashore by the family.
Family and crew concerns
âFollowing a death at sea, there will likely be emotional responses from family and fellow crewmembers. Once the family has been notified of the death, there may be religious or cultural customs requested. However, at sea, there are limited resources available to implement all requests for traditional death customs. If possible, it may be beneficial to have a trained grief counsellor visit with the crew upon arrival at a port, particularly in cases of suicide.
âDisposing of the body at sea is disfavoured, unless there is a specific request from the family in writing.
âDeath at sea is difficult for crewmembers and family ashore. With Club and Member cooperation, UK P&I Club strives to accomplish a process to ensure a dignified death in the event of unexpected death of a crewmember.â
5. Return of the Somali Pirates
A convincing report by Magnus Boding Hansen appears in the zine issued by IRIN, a privatised news agency given over to disaster and humanitarian stories and formerly part of the United Nations. Here are a few paragraphs:
“We hate you. It’s your fault that we are sitting here like animals in a cage. Itâs humiliating that white men always come and take photos of us and repeat the same stupid questions,” scoffs the piratesâ spokesman, Abdi Mahad.
There are 47 ex-pirates locked up in Garowe(Capital of Puntland), most of them serving decades-long sentences. According to the prison warden, only the lowest ranking pirates are doing time in the EU-funded facility, along with soldiers from the jihadist insurgent group al-Shabab, petty cattle thieves, and domestic abusers.
This is what the flagship of Western engagement looks like up close: 47 luckless men behind bars on a rocky plateau in a country tested by drought and instability.
But the fight against piracy has produced results. To protect the shipping lanes through the Gulf of Aden, the international powers sent warships and the EU trained the Somali coast guard. At piracyâs peak in 2010-13, more than 100 ships were being hijacked per year and millions of dollars paid in ransom. In 2015 and most of 2016 there were no successful hijackings.
The EU’s Operation Atalanta is still patrolling the Gulf of Aden alongside the Indian, Russian, and Chinese navies. But NATO’s vessels left for other hot spots in December last year, and the pressure on the pirates has decreased considerably.
As a result, the attacks have begun again. At least five ships have been hijacked off the coast of Somalia this year, among them the oil tanker Aris 13 and a fishing vessel, which was transformed into a so-called mother ship from where new hijackings can be orchestrated.
Read the article in full here:-
6. People and Places
Aegean Marine Petroleum Network has announced that the company has appointed Jonathan Mcilroy as president
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Mark Bromley has taken up his new role as the National Chairman of the British International Freight Association (BIFA), for a two year period, succeeding Fred Osborn, who becomes Immediate Vice-Chairman, also for a two year term. John Stubbings, Group Director and Company Secretary of the Woodland Group, has been elected Vice-Chairman to work alongside Osborn. Sir Peter Bottomley, MP, remains as BIFA President.
———-
Oceans Beyond Piracy have announced that its Director, Jon Huggins, is stepping down from his role from August 1. A search for a replacement is currently underway and in the interim, Huggins will stay on in a more limited capacity.
http://oceansbeyondpiracy.org/
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.
We had a good search against the term “piracy” and turned up this little item which appeared in Issue 424 of February 14th, 2010
Piracy–the road less travelled
Our favourite daily shipping paper today reports that the Danish Clipper Group has launched criminal proceedings against the pirates that hijacked one of its vessels in 2008. The company believes it can begin proceedings for blackmail against the pirates that hijacked the CEC Future in November 2008 while it was on a voyage through the Gulf of Aden by filing a complaint using a paragraph within the Danish criminal code which states that the law can be enforced when a criminal act is effectively made against a Danish company, in this case Clipper Project Management. The agency concerned is the Special International Crimes Office in Denmark, which is responsible for legal proceedings of serious crimes.The company has delivered evidence which includes visual identification of a couple of the pirates together with some names. Clipper has also approached Interpol, but the international police organisation cannot act until the Danish police issue an international arrest warrant through Interpol.
Perhaps there is some cunning in the strategy. It has been said that your average joe pirate in Somalia is motivated not by ideology but by the idea of getting on. A grub stake of 60 000 Euros reportedly represents the price of a new life via marriage to a suitable bride with rights of residence in the EC. Already running the gauntlet of many national anti-piracy patrols, the aspirational pirate will also face the prospect his collar being felt by the Danish constabulary.
Style Manual
Anyone who has ever done any editorial heavy lifting will know well the demands of style and consistency in the published output of the organisation or publication concerned. Your editor, once earning a youthful crust as one of the editors of a legal encyclopedia, remembers well working to a document that specified things like “World War I” instead of other variants like the “Great War” the” first world war” the “War to End All Wars” to name but a few. News reaches us of an update to the manual used by the New China News Agency via the rather interesting China blog by Jiayun Feng. Here is an excerpt:-
China updates official media style-guide. âBoss: Never use âbossâ ( laoban) to describe leading cadres of the Party or people in charge of state-owned enterprisesâ. âSoviet Union: Never use âformer Soviet Unionâ (qiĂĄnsuliĂĄn), just use âSoviet Unionâ ( suliĂĄn)â. âBelt and Road: Do not use âstrategyâ ( zhĂ nlĂŒĂš) to describe One Belt, One Road. Use âinitiativeâ (chĂ ngyĂŹ)â. âFor coverage on Islam ( yisilĂĄn jiĂ o), never bring up any content related to pigsâ
Fable from Texas
A little prospector wearing clean new shoes walked into a saloon. A big Texan standing at the bar said to his friend, “Watch me make this dude dance.”
He walked over to the prospector and said, “You’re a foreigner, aren’t you? From the East?”
“You might say that,” said the prospector, “I’m from Boston and I’m here prospecting for gold.”
“Now tell me something,” said the Texan,
“Can you dance?”
“Well I’m going to teach you,” said the Texan. And with that the Texan took out his gun and started shooting at the prospectors feet.
Hopping, skipping, and jumping the little prospector made it to the door shaking like a leaf.
About an hour later the Texan left the saloon. As soon as he stepped outside the door he heard a click. He looked around and there, four feet from his head was the biggest shotgun he had ever seen.
The little prospector said, “Mr. Texan, have you ever kissed a mule?”
“No,” said the quick thinking Texan, “but I’ve always wanted to.”