The Maritime Advocate–Issue 809

Posted:

 

1. The problem with people
2. Farewell paper charts
3. Ocean Shipping Reform Act
4. New tanker norm
5. Seafarers’ Ukraine survey
6. Ship vibration
7.  Inmarsat cyber risk advice
8. Remote working
9. Accelerating welfare
10. Time to act on SEEMP
11. D & D rates
12. Crew familiarisation
13. Covid and force majeure
14. Anti -trafficking hero
15. Customs deadline warning

Notices & Miscellany

Readers’ responses to our articles are very welcome and, where suitable, will be reproduced. Write to: contactus@themaritimeadvocate.com


1. The problem with people

By Michael Grey

As England battled Saharan temperatures, the depredations of climate activists and queues of multitudes trying to escape by air and sea, I returned for a week to my Northumbrian roots. The train ran on time, and while it may not have offered the silver service of yore, its extraordinary speed and friendly LNER staff helped those memories to fade. It was good to escape the mainstream media, although like every other under-resourced local newspaper, the Berwick Advertiser no longer has useful information, as it once did, about fish landings, livestock prices and the ships expected in the port. What little its reporters have managed to glean, I am told, is now “on line” and I could not be bothered to go there.

It is still the country I remember; a land of huge skyscapes, of space and beauty, of wild coastlines and empty shores, loomed over by the Cheviots. Mind you, perhaps because it has been so difficult to get to the Costas and egged on by TV programmes with celebrities “discovering” Britain, there are more crowds in popular places. On the island where I stay, the lady who sells fruit and veg. tells me that they have been “under siege” for months and they have been seriously looking at how Venice proposes to deal with their tourist flood, by charging visitors, or rationing the numbers. But the hordes don’t like to walk very far and a mile away from the village you will be undisturbed, even in the height of summer.

It is an illustration of a problem that manifests itself all over the world. Places that support mass tourism are great for the economics, but tend to get overwhelmed by numbers and are increasingly miserable for those who just happen to live there and whose lives are hampered by the visitors. I suppose you could argue that if you don’t like living in a picture-postcard place you should move away to somewhere less attractive, but why should you?

And with the return of the cruise ships, post pandemic, has come a growing undercurrent of objections to their size, noise, effect upon air quality and their substantial populations disgorged into the ports along their various itineraries. Upon my return from the North, I was reading about a group of Norwegian coastal towns which have launched a sort of collective push to get the cruise ships to push-off elsewhere. They presumably have been alerted to the growing list of popular destinations like Venice, Barcelona and places on the Alaskan coast and Florida, whose residents seem to have become thoroughly fed up with the huge floating condominiums that are here today, but replaced by another tomorrow.

There is no arguing that the trend for ever bigger cruise ships, which provide the on-board acreage to offer ever more lavish attractions, with their associated scale economics, has fuelled the objections to these ships. The pleasing aspects of ancient cities, whose city fathers have preserved their beauty and fought off modernist aficionados of high-rise buildings, are scarcely enhanced by having a couple of huge ships looming over them, just about every day of the season. You cannot deny that even one of these monsters alongside blocks up the view. The Norwegians, who put great store by their air quality, home in on this aspect. Others just don’t want great armies of tourists, who probably don’t spend much during their short visits, blocking up their streets.

Of course all this is hotly denied by those whose occupations depend upon tourism, whether it is the purveyors of fresh crab sandwiches to the visitors to my Northumbrian island, Venetian gondoliers, or the operators of motor coaches meeting the floating cities docking in small Baltic ports. And the cruise companies are not unaware of this undercurrent of dislike with a whole range of measures to damp down objections. The biggest operators have developed their own resorts, where their huge ships can lie without making waves ashore. They have spent lavishly to make their operations more sustainable, with cleaner exhausts, the use of shore power and quieter machinery, along with systems that ensure that there is no pollution from any source.

There are smaller “expedition” ships being built, which advertise their environmental credentials, and which can silently motor along pristine fjords on battery power, with efforts being made to leave wildlife undisturbed, in the more remote areas to which they cruise.

Of course, there is a hard core of active folk who wish that everyone stayed at home, eating locally-grown turnips, and with no tiny smidgeon of hydrocarbon in evidence. But maybe there is a case for these huge ships not to go anywhere where restive locals might be encountered. Let them instead take their several thousand passengers somewhere out of sight of land, where there are calm seas and let them enjoy the amazing variety of on-board facilities with which they are lavishly provided, while the ship peacefully drifts. Why would anyone want to seek external diversions?

One of my grandchildren was telling me of an exciting experience wearing a virtual reality headset, which rushed her around the world without going anywhere. Maybe that is the ultimate travel experience, and one that will finally remove the problems provided by too many people. Then we can all stay home.

Michael Grey is former editor of Lloyd’s List.


2. Farewell paper charts

The UK Hydrographic Office (UKHO) has announced its intention to develop options for the withdrawal from global paper chart production by late 2026 to increase focus on its digital navigation products and services.

Plans to withdraw the UKHO’s portfolio of Admiralty Standard Nautical Charts (SNCs) and Thematic Charts are in response to more marine, naval and leisure users primarily using digital products and services for navigation. The Admiralty Maritime Data Solutions digital navigation portfolio can be updated in near real-time, greatly enhancing safety of life at sea.

The phased withdrawal of paper charts from production will take place over a number of years and is anticipated to conclude in late 2026. In parallel,   viable, official digital alternatives for sectors still using paper chart products will be developed. This will be a carefully managed process, conducted in close liaison with all customers and stakeholders, including the Maritime and Coastguard Agency (MCA) as well as other regulatory bodies, hydrographic offices, industry partners and distributors.

Peter Sparkes, chief executive of the UKHO, said: “The decision to commence the process of withdrawing from paper chart production will allow us to increase our focus on advanced digital services that meet the needs of today’s seafarers. As we look to the future, our core purpose remains the safety of shipping operations and delivering the best possible navigation solutions to achieve that. Whether for the Royal Navy, commercial vessels or other ocean users, our focus is on developing and delivering Admiralty digital services that promote safe, secure and thriving oceans.

“We understand the significance of this announcement, given the distinguished history of the UKHO’s paper chart production and the trust that mariners have placed in Admiralty charts over the generations. We will support users of SNCs during the withdrawal of our paper chart portfolio and work with our distributors to help users switch to digital alternatives between now and our planned date of 2026.”

The move to digital navigation solutions has been accompanied by a rapid decline in demand for paper charts, driven by the SOLAS-mandated transition to ECDIS and the wider benefits of digital solutions, including the next generation of navigation services, Peter Sparkes explained.

“Shipping is moving quickly towards a future underpinned by digital innovations, enhanced satellite connectivity at sea and optimised data solutions, supporting the next generation of navigation. The UKHO aims to be at the vanguard of this digital transition, continuing to provide the assured and globally trusted Admiralty navigation services that seafarers the world over depend on.”

More information on UKHO’s carefully managed approach for the phased withdrawal of paper chart production can be found here: https://www.admiralty.co.uk/sunsetting-paper-charts.


3.  Ocean Shipping Reform Act

HFW has produced an information note on recent changes to the US Ocean Shipping Reform Act. President Biden recently signed into law the Ocean Shipping Reform Act of 2022, a package of US shipping law reforms that addresses supply chain disruptions, rising ocean shipping costs, and issues related to vessel service. The legislation grants the Federal Maritime Commission (FMC) increased authority to address the operating practices of global ocean shipping lines operating in US ports. The FMC is an independent agency of the US government that oversees, among other things, competition among common carriers in US trade for the international ocean shipping supply chain.

For an overview of some noteworthy changes enacted in the new legislation see https://www.hfw.com/downloads/004219-HFW-Changes-on-the-horizon-as-the-US-Ocean-Shipping-Reform-Act-becomes-law.pdf.

HFW has also produced information on the issues relating to the EU Emissions trading system. See https://www.hfw.com/EU-Emissions-Trading-System-Current-status-and-key-issues-July-2022.


4. New tanker norm

Geopolitical tensions have redefined the new normal for product tankers according to analysts Drewry. The Russia-Ukraine war and sanctions on Russia’s refined products have created a void in the European market, which is counterbalanced largely by South Asia.

The product tanker sector has been gaining from the ongoing geopolitical tensions as a sudden rise in the long-haul trade has boosted freight rates. Drewry expects the shift in trade – from short-haul to long-haul – to become the ‘new normal’ of refined products shipping with Europe sourcing cargoes from South Asia, the Middle East, and North America in 2022-23. Russia’s 2 mbpd of spare capacity and 0.8 mbpd year-on-year drop in refinery throughput in 2022 as a result of sanctions support this trend, the company says.

For more details see https://www.drewry.co.uk/maritime-research-opinion-browser/geopolitical-tensions-redefine-the-new-normal-for-product-tankers


5. Seafarers’ Ukraine survey

The Seafarers International Relief Fund has called for feedback on what more needs to be done to support seafarers impacted by the Ukraine crisis.

In an effort to review the effectiveness of the response so far and to plan for the future, the Seafarers International Relief Fund (SIRF), together with the Ukraine Charity Co-ordination Group, have launched a survey. It is calling on individuals and organisations in the maritime and welfare sectors to share their experiences on the support given so far to those affected by the Ukraine crisis and the ongoing needs of seafarers.

SIRF launched the SIRF Ukraine appeal in March 2022 and has so far raised over $400,000 to support seafarers and their families impacted by the humanitarian disaster caused by the crisis in Ukraine.

SIRF continues to call for urgent donations to support its work. Thanks to the generous support already received, SIRF has delivered aid in the form of the most essential human needs, including shelter, food, water, transport, and access to medical services, but more is needed. SIRF’s support has been delivered by a wide range of maritime charities, trade unions and other non-profit organisations working in the region.

However, it now seems likely that the conflict will continue for some time, and the process of rebuilding lives, homes and communities will take even longer. For that reason, SIRF and the Ukraine Charity Co-ordination Group is conducting a survey to understand what is needed, where the gaps are, and how it can best respond. The results of the survey will help the seafarer welfare community to develop its longer-term strategy for supporting seafarers affected by the conflict.

Speaking on behalf of SIRF, Deborah Layde, Chief Executive of The Seafarers’ Charity, commented:“The funds already raised by SIRF to support seafarers impacted by the Ukraine crisis are providing immediate, practical support to those in need and we are so grateful for the generosity of all those that have donated. But there is so much more that can be done, so we ask the industry to continue to dig deep and donate. The situation remains desperate, and seafarers and their families urgently need your support.

“However, we also need to plan for the months ahead. To do this, we need to hear from those who have been involved in helping seafarers so far. What more needs to be done to support the needs of seafarers impacted by the Ukraine crisis? Can we identify the top three priorities where we can target our resources and help? Many shipping companies, welfare providers and unions have done wonderful work to directly help affected seafarers, colleagues and families caught up in the conflict. We need a better picture of what is needed so we can prepare now for tomorrow’s needs. That is why we are calling on everyone to share their feedback by completing our survey.”

The survey is open to everyone supporting seafarers and takes just a few minutes to complete. To complete the survey, visit: https://www.surveymonkey.com/r/sirfukraine
To donate, visit https://theseafarerscharity.enthuse.com/cf/seafarers-international-relief-fund-1


6. Ship vibration

Detailed analysis of ship vibration issues has been published by ABS to support the industry in mitigating damage caused by vibrations induced by machinery and the environment.

Insights into Ship Vibration Analysis presents the latest developments in vibration analysis, vibration criteria and mitigation measures. It also explores four different real-world cases where vibration issues have been identified, analysed and mitigated.
As modern vessels become more optimized for improvements to cost, performance and sustainability, new challenges arise. Vibration-induced failures are one challenge that has been hidden by over-designed structures and machinery in the past. As designs have become more optimized, excitation sources from rotating machinery to natural ocean waves are starting to account for fatigue in structures, loss of cargo, malfunctions in machinery and electrical components as well as habitability issues for the crew. Therefore, vibration is now a constraint that must be accounted for in the design.

“This is a challenge that runs to the heart of the ABS mission to advance the cause of safety at sea, and I am proud that we are highlighting critical vibration issues on modern marine structures,” said Gareth Burton, ABS vice president, technology. “We took real-world cases where vibration issues have been identified and applied them to the latest developments in vibration analysis. Solutions on mature, existing vessels can be costly. Our goal is to share these findings with industry so that vibration issues are addressed as early as possible.”  Insights into Ship Vibration Analysis is available for download here.


7. Inmarsat cyber risk advice

How can the shipping industry raise cyber risk management standards beyond regulatory compliance amid escalating threats to maritime cyber security?
A new report published by Inmarsat highlights the role of the International Maritime Organization’s (IMO) 2021 cyber risk management code in providing a framework for cyber resilience but warns that there is more to combating attacks than compliance alone. Compiled by maritime innovation consultancy Thetius, Beyond Compliance – Cyber Risk Management After IMO 2021 encourages proactivity in preventing and mitigating the impact of cyber-attacks.

“Assuring data resilience and cyber security are key preoccupations for the shipping industry,” said Ben Palmer, president, Inmarsat Maritime. “The IMO guidelines on maritime cyber risk management have helped stakeholders to address cyber threats, but the nature of digital attacks continues to evolve due to advances in computing technology and developing geopolitical conflicts. Over the 12 months between May 2020 and May 2021, cyberattacks targeting the maritime sector increased by 168% in the Asia-Pacific region alone.”

“To ensure the resilience of their digital infrastructure, shipping companies need to look beyond regulatory compliance and be more proactive in their approach to cyber-risk management.”One cornerstone of this approach is Unified Threat Management (UTM). By combining solutions such as firewalls, antivirus programmes, content filters, and intrusion and detection systems into a single hardware and software package, Inmarsat’s Fleet Secure UTM streamlines the installation, configuration, administration, and maintenance of network security infrastructure. It thereby helps shipping companies, like Denmark-based Evergas, to raise security standards beyond regulatory compliance.

Evergas IT Manager, Poul Rævdal, commented “Regulations provide a good starting point, but it is important from our perspective to go above and beyond the guidelines, and Inmarsat’s comprehensive Fleet Secure solution facilitates a proactive approach to network security. Being able to unify the separate parts of our network security into a single solution and deal primarily with one supplier allows our IT team to focus on optimising the day-to-day support given to our ships and systems.”

Continuous development in seafarer training represents another key bulwark in shipping’s cyber security defences. Inmarsat’s Fleet Secure Cyber Awareness training programme assists the crew to develop their awareness of potential vulnerabilities and suspicious online behaviour and provides best practice guidance.

Effective cyber risk management must consider multiple assailants and diverse lines of attack – targeted and random. Potential threats include developing malicious coding and seeking out vulnerabilities in hardware and software. Only by being proactive can shipping stay ahead of cyber criminals. Beyond Compliance – Cyber Risk Management After IMO 2021 is available for download here.


8. Remote Working

Latest industry research shows that 86% of maritime organisations have now embraced remote working and the UK leads the way. A new report from Spinnaker and the Maritime HR Association demonstrates how shipping has had to embrace flexible working practices

Spinnaker, the maritime people experts, have revealed the results of their Remote and Hybrid Working report, with 86% of respondents stating that they have introduced some form of remote working, post-pandemic.

Almost half (45%) of respondents now have a formal policy in place for remote working arrangements. The most popular working pattern is a hybrid approach allowing two days at home per week, which has been adopted by 31% of employers.

Geographically, the top regions that have embraced remote working are the UK, followed by Singapore and the USA. The majority of respondents (70%) confirmed their remote working arrangement applies to all employees, with some advising that line manager approval is also required.

Of the respondents that have not yet adopted remote working arrangements, 40% say they are either open to the idea or looking to implement a policy in the near future. Phil Parry, chairman and co-founder of Spinnaker said, that while some employers have been reluctant to introduce new arrangements, market realities are biting: “The employment market has vastly changed. Attracting and retaining talent has become harder post-pandemic – in part thanks to the Great Resignation. In an increasingly competitive market to retain and recruit talent, salary is no longer enough to entice candidates to join a company – or to stay once they’ve come aboard. Embracing remote/hybrid working has become almost a necessity. On the positive side, it’s a great way to motivate staff, boost their wellbeing and to show that they are trusted.”

The Remote and Hybrid Working report was prepared in June 2022, with responses provided by members of the Maritime HR Association. To see more findings, please visit Spinnaker’s blog


9. Accelerating welfare

During a virtual conference held by Safety4Sea as part of its Crew Welfare Week, Safetytech Accelerator’s commercial director Gabriele Dado, and other industry panellists, discussed how shipping companies were exploring options for improving seafarers’ wellbeing.

Established by Lloyd’s Register and the Lloyd’s Register Foundation, Safetytech Accelerator stresses the role of technology in increasing safety and decreasing risk in industry.

Dado explained that Safetytech Accelerator was exploring several initiatives for improving seafarers’ wellbeing using technology. One of these is a mobile phone app that uses visual and audio analytics to get regular updates on seafarers’ emotional wellbeing.

“[These technologies] use AI to detect speech and behavioural patterns which can tell us whether a crew member is fatigued, distressed, lethargic, or about several other markers which could indicate a mental wellbeing issue. So,we’re bringing pro-activity into the vessel, using technology as a facilitator.”
Dado believes that such initiatives will help seafarers to feel valued and that their experience at work is important. “When your mind is at peace because you can provide for your family in safety, when you have a good career path, everything follows, people start behaving pro-actively, and this is massively important for (ship) safety and operational performance,” added Dado.

Safety4Sea’s founder and managing editor, Apostolos Belokas, said that while the Maritime Labour Convention offers guidelines on seafarers’ minimum living standards, the industry could do more to enhance the crew’s physical and social wellbeing.

Columbia Ship Management’s Group Director for Crewing and Training, Captain Faouzi Fradi, said that his company is working with several vendors and partners to offer technological solutions to improve the welfare of the company’s seafarers.

Telemedicine is one of the services offered in the welfare package, which includes nutrition planning, hygiene management and onboard education. Capt. Fradi explained: “We try to put all this in one package, under one management so we have sustainable solutions.”

Dado however, elaborated that what pleases one seafarer may not be the same for others, and this is where technology could help get clearer information.
“With this particular technology, what we get is exposure to many more accurate data points. We can collect feedback from seafarers by asking specific short questions throughout the shift. This gives us insight; it gives us live data and that’s important because companies can act on that data quickly. Then it is up to the company culture and up to us as an industry to come together and decide what we want to do with this data?”

Dado added that fatigue is often an issue for seafarers because they are incentivised to work overtime, but then the lack of rest may impact on their judgement and mental wellbeing if not correctly managed, and these have repercussions for safety.

Technology could therefore highlight whether these seafarers feel valued and satisfied however, the maritime industry’s stakeholders must be prepared to act on feedback.

Dado emphasised the importance of shipping companies taking action on the data they receive: “Technology allows us to get insights but are shipping companies ready to act on insights? Are they ready to take action? Does their culture support taking ownership towards change? When these questions are answered with a unanimous yes, our industry is ready to move forward. If not, these technologies can only remain as ideas.”

More about Safetytech Accelerator’s work in crew wellbeing can be found here: https://safetytechaccelerator.org/tag/crew-welfare/


10. Time to act on SEEMP

Compliance with SEEMP Part III involves more than laying down a concrete plan for cutting carbon emissions, as shipowners must also consider impacts on capital and operating expenditure, classification society Lloyd’s Register says.

SEEMP Part III represents the International Maritime Organization’s decarbonisation ambitions. The regulation requires ships of at least 5,000 GT and which trade internationally, except passenger ships, to have a verified Ship Energy Efficiency Management Plan onboard before 31 December 2022 to reduce carbon emissions – this must achieve at least a C band. The assessment will take place in the calendar year after the ship-specific SEEMP Part III plan is produced.

SEEMP Part III entails measures to improve energy efficiency to attain the required carbon intensity indicator (CII) and the implementation regime, the personnel designated to oversee the process, and contingency measures to overcome impediments. For example, a ship could propose using biofuels as bunkers to reduce emissions, but to prevent engine damage, trials should be conducted beforehand.

Speaking during a recent webinar, LR’s regulatory specialist, Abhijit Aul said: “The sooner you act, the better it is. The next few years are going to be crucial going forward.”

Aul reminded ship owners and operators that with SEEMP Part III, they must devise a concrete plan for reducing carbon emissions. This would be followed by self-evaluation and a constant review of whether the targets are on track and will be met in the prescribed timeline.

Aul said it is inevitable that some ships will not achieve the minimum CII requirements and end up banded D or E. Such ships will have their SEEMP Part III reviewed to include a corrective plan to achieve the required CII. Remedial actions are needed to achieve at least a C rating for the calendar year following the adoption of the corrective plan.

On the various proposals for correction factors, Aul said, “If they didn’t make it this time, it doesn’t mean they have been disregarded. For many of them, it just means that the evidence they provided at the time wasn’t sufficient or there wasn’t sufficient time to consider these correction factors in detail. For a number of these correction factors or voyage adjustments, there is a very strong appetite to push the case to gather more evidence to submit to MEPC. It could take a year, it could take years, but we expect to see a number of discussions.”

LR’s regional advisory services manager, Douglas Raitt, said that LR can help shipowners and operators by drawing up the three-year implementation plan to achieve the company’s targeted CII, review and update SEEMP Part I and II and provide vessel-specific analysis for improving operational CII.

Besides putting a strategy in place for reduced carbon emissions, Raitt said that shipowners and operators should also take the resulting future capital and operating expenditure into consideration, with regards to chosen energy efficiency measures, to remain in compliance.

He elaborated: “You have to think, ‘what speed reduction is required to achieve a 5, 10,15% improvement in the annual efficiency ratio rating?’ It allows the operator to project improvements over a number of years, understand when certain improvements need to be implemented, potentially even budget the implications of capex and opex decisions that need to be made on a variety of ships over the next few years to maintain compliance.

“Once you understand the percentage reductions that you require to maintain compliance with the CII requirements and target, then you can map out what energy efficiency to achieve and more importantly, phase in over the next few years to remain in compliance.”

These steps can be operational in nature, such as speed reductions, frequent hull cleaning, propeller polishing, all the way to the application of energy-efficient technologies which can allow for a certain percentage of improvement.

Shipowners and operators have to reduce the CII by at least 2% annually to remain in compliance. Raitt encourages “robust” discussions with energy saving device manufacturers to meet the target, more so for shipowners and operators wishing to achieve an A or B banding.

Raitt said: “To get SEEMP going now, articulate what that strategy might be, get a handle on realistic percentages in improvements. Not all ship types are the same. Not all trading patterns are the same so there’s a level of detail that needs to be understood by owners and operators.”


11. D & D rates  

Container xChange’s new Demurrage & Detention Benchmark 2022 report, published recently, compares demurrage & detention (D&D) rates imposed on customers by the world’s ten largest shipping lines across 60 of the world’s biggest container ports.

The report notes that global average D&D charges levied by container lines on customers two weeks after cargo was discharged from the vessel increased by 38% for standard-sized containers from $586 in 2020 to $868 in 2021. So far in 2022, average D&D charges by major ports have declined by 26% to an average of $664 per container, although fees remain far higher than pre-pandemic levels.

The US came out worst regarding D&D costs in regional comparisons in Container xChange’s Demurrage & Detention Benchmark 2022 report. By region, D&D charges in May in the US were the highest at $2,692 per container. This compared to $549 in Europe, $482 in India, $453 in China and $366 in the ‘Rest of Asia’.

“Throughout this pandemic, as shipping costs have soared and inflation has become a threat to the global economy, it has become critical for shippers to develop visibility into container operations to manage costs like demurrage and detention. China leads the world in maritime exports and even though it has some of the busiest ports in the world, they’ve ensured they are the most efficient – even during lockdowns.” said Christian Roeloffs, co-founder of Container xChange.

Shanghai, Qingdao and Ningbo, where demurrage and detention charges increased in 2022, still exhibit a much lower D&D charge in general, ranking 43rd, 52nd and 42nd on the global list respectively.

See https://www.container-xchange.com/press-center/ports-in-china-charge-the-lowest-demurrage-detention-fees-in-the-world/


12. Crew familiarisation

Crew familiarisation is critical when taking over a vessel according to Captain Pik Ki Yung, loss prevention officer at West P&I Club.

When a vessel changes ownership and/or manager, it can take some considerable time before the new crew and management are fully familiar with the vessel. Familiarisation starts as soon as crew get on board and must be completed before sailing.

For more details see https://www.westpandi.com/publications/news/july-2022/crew-familiarisation-is-critical-when-taking-over/


13. Covid and force majeure

Covid-19 restrictions did not constitute force majeure under an MOA in a recent court case analysed by Andy Powell and Anna Devereaux of Ince.

In the case of NKD Maritime Limited v. Bart Maritime (No 2) Inc (Shagang Giant) [2022] EWHC 1615 (Comm),  the Court has construed a force majeure clause and considered whether buyers validly terminated a contract for the sale of a vessel on the basis that Covid-19 lockdown restrictions prevented sellers from transferring title in the vessel.

For more details see https://www.incegd.com/en/news-insights/maritime-court-finds-covid-19-restrictions-did-not-constitute-force-majeure-under-moa.

Ince’s Jamila Khan and Reema Shour have also considered the question of whether a party which is offered reasonably satisfactory security following a collision is obliged to accept it. In the case of MV Pacific Pearl Co Ltd  v. Osios David Shipping Inc (Panamax Alexander) [2022] EWCA Civ 798, the Court of Appeal confirmed that a party to ASG 2, the standard form Collision Jurisdiction Agreement, is obliged to accept reasonable security once it is offered and cannot choose to refuse that security and seek alternative or better security by arresting a ship. In such circumstances, there is no right to an arrest or any justification for it. See https://www.incegd.com/en/news-insights/maritime-party-offered-reasonably-satisfactory-security-following-collision-obliged


14. Anti- trafficking hero

A Stella Maris port chaplain in Thailand has been recognised by the US Department of State for her dedicated and untiring work supporting trafficked seafarers and fishers.

Apinya Tajit, Stella Maris Deputy Director in Chanthaburi Diocese, Thailand, received the US Department of State 2022 Trafficking in Persons Report Hero Award from Secretary of State Antony J. Blinken at a ceremony in Washington D.C. on 19th July.

She has helped hundreds of workers in the fishing sector from various countries, including Thailand, Indonesia, Cambodia, Burma, and Bangladesh, and has also played an active role in raising awareness of child trafficking, visiting schools throughout Thailand to educate more than 10,000 students each year.

Apinya has worked with global maritime network Stella Maris since 2005 and has for the past seven years dedicated her energies towards combatting human trafficking.“This award is completely unexpected to me, and I feel honoured to receive it. Stella Maris works closely with law enforcement agencies in Thailand to support trafficked fishers and seafarers. We assist by way of helping identify victims, rescuing them, helping them reintegrate into society. We provide training, access to legal advice, and funding to help them rebuild their lives,” she said.


15. Customs deadline warning

Whilst the British International Freight Association (BIFA) is confident that its members have taken heed of its advice to prepare for the forthcoming changes to the UK’s customs entry processing systems, anecdotal evidence suggests that some of their customers may be less prepared.

With HMRC monitoring the preparedness of customs agents and importers for the forthcoming migration of all import declarations from Customs Handling of Import Export Freight (CHIEF) to the Customs Declaration Service (CDS), BIFA has prepared two documents that its members can send to their customers in order to collect the information that is required from them and which highlights the additional complexity of completing a CDS declaration.

The first document covers the correlation between CHIEF box numbers and CDS data elements. The second details the additional data elements that importers/exporters need to provide to their customs intermediaries in order for the latter to correctly complete the customs declarations. Both can be viewed on the BIFA website at https://www.bifa.org

Robert Keen, director general of the trade association that represents the UK freight forwarding and logistics sector, says: “With just over two months to go before all import declarations must be submitted on CDS, our members fully appreciate the scale of the change involved in this transition from CHIEF to CDS.

“We hope that the information that we are providing will help them to explain to any of their customers just how much additional data is required, as well as the complexity of completing the customs declaration via the new system.

“Traders need to take a new approach to completing declarations and identifying data requirements on CDS, and our members are working closely with the traders they serve to ensure updated customs clearance instructions can be prepared.”

Keen also pointed to the Trader Dress Rehearsal Service that HMRC has prepared to allow firms to get used to the new CDS system, which gives both intermediaries and importers a useful platform for testing the system.

He said: “CDS has been a long-time in the making, and there have been many changes in the implementation timetable, but anyone who assumes that HMRC is thinking of further deferrals or delays needs to think again.

“I am confident that BIFA members, which account for a significant proportion of the customs entries made in the UK, are fully committed to making the new system work, and are making every effort to get ready to keep the country’s visible trade flowing.”


Notices & Miscellany

Invasive pests

TT Club recognises the vital importance of focussing on the threat of invasive pests to natural resources across the world, and of the urgency in crafting effective and proportionate risk reduction measures that address the situation.  The freight transport insurer is issuing a call for action, encouraging those involved in the intermodal supply chain in whatever capacity to help guide international regulators and create pragmatic working practices to minimise the dangers while allowing international trade to continue to flow.

“Industry players of all types have a great opportunity to be part of responsible efforts to mitigate the serious concerns over possible infestation via contaminated seaborne intermodal freight vectors,” comments TT’s Peregrine Storrs-Fox. “The‘International workshop on reducing the introduction of pests through the sea container pathway’, being held over two days in London in September, could be a significant part of that opportunity.  We would encourage as many of those involved in the packing, transporting, handling and providing containers for export to attend.”

The workshop will take place from 19 to 20 September 2022, at Queen Elizabeth II Centre, London, United Kingdom. Participation is free of charge. Register HERE

Young Logistics Professionals award

FIATA International Federation of Freight Forwarders Associations and TT Club, international freight transport insurer, have revealed this year’s regional winners of the Young Logistics Professionals (YLP) Award 2022.

The 2022 regional winners are:

Region Africa and Middle East: Ruvimbo Gukwe, SFAAZ, Zimbabwe

Dissertation: Growth by COVID

Region Americas: Karina Daniela Perez Perez, CIFFA, Canada

Dissertation: Resilient Solutions: The Future of Freight Forwarding and Logistics

Region Asia-Pacific: Avishkar Srivastava, FFFAI, India

Dissertation: Sustainability through efficiency. Decarbonising trade lanes through sustainable logistics

Region Europe: Maximilian Druschler, DSLV, Germany

Dissertation: Logistics’ crucial role in the battle against the UN Global Issues

FIATA Director General, Dr Stéphane Graber, shared his congratulations to the four regional winners: “The YLP Award is of outmost importance for FIATA. It aims at developing the youth’s interest in the industry but also the soft skills that are crucial in the daily work of our demanding sector. I would like to extend my warmest congratulations to all the YLP Award 2022 candidates and most particularly to the four regional winners for their impressive dissertations. They have managed to put into words complex processes of the global supply chain while taking into account diverse parameters. The future of logistics is in the youth’s hands, and I could not be more proud.”

NI in Singapore

The Singapore branch of The Nautical Institute is hosting its annual conference on 1 September 2022 at the Suntec City Convention Centre with as guest of honour,   Quah Ley Hoon, Chief Executive of Maritime Port Authority of Singapore.The conference will start with a keynote address by Capt André LeGoubin , President of The Nautical Institute and Mark Cameron, Chief Operating Officer, Ardmore Shipping Corporation.

The theme for this year, “Navigating Through the Digital Age: Towards a Green Future” aims to discuss current navigational practices used onboard modern ships and the challenges that will be faced in the future as technology develops.

If you want to attend please RSVP by 25 August 2022, Thursday at 12pm (SG) to Pravin Nair (+65 9199 0370 / pravin.nair@helixpr.asia).

ICS ebooks

International Chamber of Shipping has partnered with NAVTOR to offer shipping companies better access to the ebook versions of its bestselling guides.

ICS is continually striving to make its publications more accessible to shipping companies and crew members. As the industry adapts to the digital changes taking place,  ebooks have become an essential resource for on board training and process implementation and ICS’s guides are now available on three major digital ebook platforms, allowing a greater choice of options for fleets to access guidance all in one place.

ICS publications can now be downloaded through:

  •   NavStation e-Publication Reader – visit site
  •   Witherby Connect – visit site
  •   Weilbach SeaReader – visit site

The latest editions of ICS guides are available as ebooks, including:

  • Bridge Procedures Guide
  • Guide to Helicopter/Ship Operations
  • Engine Room Procedures Guide
  • Guidelines on the Application of the ILO Maritime Labour Convention

Visit the ICS shop for a full list of which ebooks are available and to order the latest releases

Please notify the Editor of your appointments, promotions, new office openings and other important happenings: contactus@themaritimeadvocate.com


And finally,

(With thanks to Paul Dixon)

A Guide to Software Revisions

1.0:
Also known as “one point uh-oh”, or “barely out of beta”. We had to release because the lab guys had reached a point of exhaustion and the marketing guys were in a cold sweat of terror.

1.1:
We fixed all the killer bugs …

1.2:
Uh, we introduced a few new bugs fixing the killer bugs and so we had to fix them, too.

2.0:
We did the product we really wanted to do to begin with. Mind you, it’s really not what the customer needs yet, but we’re working on it.

2.1:
Well, not surprisingly, we broke some things in making major changes so we had to fix them. But we did a really good job of testing this time, so we don’t think we introduced any new bugs while we were fixing these bugs.

2.2:
Uh, sorry, one slipped through. One lousy typo error and you won’t believe how much trouble it caused!

2.3:
Some jerk found a deep-seated bug that’s been there since 1.0 and wouldn’t stop nagging until we fixed it!!

3.0:
Hey, we finally think we’ve got it right! Most of the customers are really happy with this.

3.1:
Of course, we did break a few little things.

4.0:
More features. It’s doubled in size now, by the way, and you’ll need to get more memory and a faster processor …


Thanks for Reading the Maritime Advocate online

Thanks for Reading the Maritime Advocate online. Maritime Advocate Online is a fortnightly digest of news and views on the maritime industries, with particular reference to legal issues and dispute resolution. It is published to over 20,000 individual subscribers each edition and republished within firms and organisations all over the maritime world. It is the largest publication of its kind. We estimate it goes to around 60,000 readers in over 120 countries.

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