The Maritime Advocate-Issue 689



1. US Withdraws Plans To Tighten Jones Act Coastal Shipping Rules
2. Unsafe at Any Draft-The Stellar Daisy
3. New AAA Chairman Richards sets out his Stall
4. The Polar Code Explained
5. Design for the World’s First Autonomous Zero Emission Container Ship
6. People and Places

FOB Network News

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1. US Withdraws Plans To Tighten Jones Act Coastal Shipping Rules

Jason P. Minkin and Nicole M. Gallagher of the Chicago-based firm of BatesCarey LLP write:-

Under the Jones Act, vessels carrying cargo between US ports must be US built, US owned, and staffed by US crews. Vessels that are built, owned, or staffed by foreigners may operate in intra-US waters so long as they are not carrying merchandise or passengers. The United States Customs and Border Protection (CBP) rules outline various scenarios where the carrying of equipment that is used in offshore operations (e.g., offshore hydrocarbon and wind projects, etc.) would not be classified as “merchandise.”

On January 18, 2017, the CBP announced a plan to revoke its rules permitting non-US flagged offshore vessels to carry out these specialized services in specific circumstances for US offshore energy projects.
When the CBP solicited industry comments on its January 18, 2017 proposal to end the exemptions for foreign vessels, it received a negative response from overseas government bodies, the international shipping industry, and US energy companies who rely on services that would have been eliminated by the proposed revocation.
The proposal to revoke the rulings to the Jones Act was formally withdrawn by the CBP on May 10, 2017. In its Customs Bulletin Weekly, the CBP wrote:

“Based on the many substantive comments CBP received, both supporting and opposing the proposed action, and CBP’s further research on the issue, we conclude that the Agency’s notice of proposed modification and revocation of the various ruling letters relating to the Jones Act should be reconsidered. Accordingly, CBP is withdrawing its proposed action relating to the modification of HQ 101925 and revision of rulings determining certain articles are vessel equipment under T.D. 49815(4), as set forth in the January 18, 2017 notice.”

While the proposed revocation of the various rules under the Jones Act are still subject to reconsideration by the CBP, thus far the decision to withdraw the plan has been well received by many who would have been impacted by its regulation on intra-coastal shipping.

2. Unsafe at Any Draft-The Stellar Daisy

Whenever we read of concern in shipping industry circles at how badly the industry does in public perception and we grope towards an explanation, this piece by Andrew Craig-Bennett in Splash 24/7 casts illumination on the issue. The Stella Daisy was a converted VLCC which sank suddenly for no obvious reason on a trip in her new career as an ore fines bulk carrier. You might have thought a large industrial accident which kills 22 people going about their ordinary work would produce consternation, maybe a hardship fund for families and determination to get to the bottom of the facts on the part of the parties concerned rather than a duck dive. Read on:-

3. New AAA Chairman Richards sets out his Stall

Sheila Jones has sent in this bulletin reflecting recent activities:-

Willum Richards, the new chairman of the Association of Average Adjusters, has set out his aim to build on the work of his predecessor, Keith Martin, in advancing the Association internationally. Along with the management committee, Mr Richards will also be steering the Association through some organisational changes required by the success achieved in expanding the scope of, and interest in, the Association’s highly-regarded examinations.

Mr Richards was confirmed as chairman for 2017-18 at the Association’s annual meeting, which took place at the London offices of law firm Clyde & Co, on May 11, 2017. Mr Richards said that “it is a sign of the international development of the Association over the past years, with more and more Fellows, Senior Associates and Associates based outside the UK, that it has been deemed the time is right to appoint a non-UK based chairman. The fact that the first such chairman is based in New Zealand, about as far away as one can get from the UK, is a credit to the Association and the technology which allows for remote participation in meetings.”

Mr Richards has spent most of his career outside the UK – in India, the US, Singapore, Hong Kong and now New Zealand where he runs the average adjusting and insurance claims consulting company Willum Richards Consulting Ltd. He said: “My involvement in the marine insurance industries in different markets as well as over 10 years working within insurance companies in Asia and Australasia, gives me a unique perspective on the international value and regard afforded to average adjusters and the importance of the qualifications they bring to the table.”

Average adjusters are experts in insurance and maritime law, who may be appointed by any party in a marine or energy claim, and are obliged by the terms of their profession to act in an impartial and independent manner. The Association’s rigorous examinations are a keystone in the career path not only of average adjusters but of men and women involved in other aspects of marine and offshore energy insurance.

Mr Richards is looking forward to assisting the Association as it grows with the addition this year of the new A3 module and examination. “The A3 module was the brainchild of my predecessor, Keith Martin (who is UK energy claims advocacy leader for the Marsh broking group), and looks to provide practitioners in the offshore industry an alternative to the marine A2 module with questions and situations tailored to the issues which more commonly arise in their field. Candidates can now achieve an Associateship qualification with the A1 module and either the A2 (marine) or A3 (offshore) module. The first A3 examinations are expected to take place during the October 2017 exam sitting.”

Both routes would lead to an Associateship, but the change would be an excellent way for practitioners in the offshore sector to aim for the greatly-valued qualification, said Mr Richards.

Burkhard Fischer, a director of Albatross Adjusters of Limassol, will be staying on for 2017-18 as vice-chairman of the Association, and the management committee has been supplemented by Chris Kilbee of Marine Claims Office of Asia, Singapore, and by Amy O’Neill of Richards Hogg Lindley, Liverpool. Mr Richards said: “I am grateful for Burkhard’s commitment to assist me with the management of the Association, and the new members of the management committee will add further expertise and international balance to the committee reflecting the ever more diverse qualified and unqualified membership of the Association.”

Mr Richards commented: “With the increasing membership of the Association and their varied professional interests, the challenge is to keep the Association relevant for more than simply its examinations. We have some 565 men and women from 45 countries who are variously Fellows, Associates, Subscribers, Representatives and Affiliates and their requirements from the Association need to be a priority.

“We are also proud to have first-class relations with the Association of Average Adjusters of the United States and Canada, as well as with the Association Mondiale de Dispacheurs (International Association of Average Adjusters) and European and Japanese associations.”

Mr Richards will lead the Association in maintaining a strong profile by means of, among other initiatives, reinforcing its biannual London seminars in conjunction with the International Underwriting Association; and attending the International Marine Claims Conference in Dublin, the Association Mondiale de Dispacheurs conference in Alexandria, Virginia, and the annual meeting in New York of the Association of Average Adjusters of the United States and Canada. He is also looking to arrange events in Asia for the Association’s membership there.

4. The Polar Code Explained

Karine Langlois is the maker behind this new IMO video designed to explain and illustrate the new Polar Code:-

5. Design for the World’s First Autonomous Zero Emission Container Ship

Doing the rounds this May is this animation of a ship design intended to carry boxes 50 miles in sheltered Norwegian waters by the firm of Yara. Intended to save 40,000 road journies a year, she has battery power, no ballast and pas de humans.

6. People and Places

The Baltic Exchange has appointed a new Chief Commercial Officer. Janet Sykes, former head of communications at shipping services provider Clarksons Platou, will join the Baltic Exchange on 3 July.

Janet Sykes worked at Clarksons Platou between 2010 and 2017 where she was responsible for all internal and external communication and marketing. She was previously head of marketing at the Baltic Exchange (2001-2010) and has previously worked as shipbroker at Howe Robinson (1991-2000).


Kay Wayland-Jones has joined brokers CSL as a Broker Support Technician.


Captain John Lloyd RD MBA FNI has been appointed as as the Nautical Institute’s new Chief Executive Officer. He takes over from Philip Wake OBE RD* MSc FNI, who is retiring after 14 years in post.

In his previous role as Chief Operating Officer, John had overall responsibility for the Institute’s specialised training services, including the industry-standard Dynamic Positioning Operator (DPO) accreditation and certification scheme.

John’s 16-year seagoing career began in 1975, gaining command in 1987 and spending two years as a marine pilot at Walvis Bay. His extensive experience in maritime education has included senior positions at Warsash Maritime Academy and Flagship Training in the UK, CEO of Vanuatu Maritime College and Professor of Maritime Training at the Australian Maritime College in Tasmania.

As CEO of The Nautical Institute, John will be managing the resources of an organisation that has 7,000 members and over 50 branches around the world. He has been a member of the Institute for 30 years.


The International Maritime Rescue Federation (IMRF), the international charity focussed on preventing loss of life in the world’s waters, has announced that Theresa Crossley will be its new Chief Executive.

Theresa will join IMRF in October this year, when she steps down from her role as Executive Director of The United Kingdom Major Ports Group (UKMPG).

The International Maritime Rescue Federation (IMRF) brings the world’s maritime search and rescue organisations together in one global and growing family. IMRF’s member organisations share their lifesaving ideas, technologies and experiences and freely cooperate with one another to achieve their common humanitarian aim: “Preventing loss of life in the world’s waters”.

The International Maritime Rescue Federation was founded (as the International Lifeboat Federation) in 1924. In 1985 it was granted non-governmental consultative status with the International Maritime Organization (IMO) in recognition of the good work being undertaken and the growing need for an organisation to act as a global focal point for maritime search and rescue. In 2003 it was registered as an independent charity and in 2007 the organisation was renamed the International Maritime Rescue Federation (IMRF), reflecting the broader scope of modern maritime search and rescue activity.


The British International Freight Association (BIFA) has confirmed the appointment of Pawel Jarza as policy and compliance advisor with responsibility for issues concerning Customs.

This role will involve working with the trade, HMRC and other bodies to ensure customs processes and policies represent the best solutions for both trade and regulators particularly as new routines and solutions emerge during the negotiations and preparations for the UK to leave the European Union.

Jarza started his career in the industry 12 years ago when he joined Yamato Transport Europe. After that he moved to Acrid and Landmark Global UK Ltd, gaining experience in a traditional forwarding environment, as well as specialising in e-commerce logistics.

He has always specialised in the Customs environment and been involved in a number of Customs-related projects and assisting employers to obtain the appropriate authorisations.

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.

Casting around for references to robotic ships or similar, we found little but we did find these droll reminders of how this publication has steadfastly refused to eschew humour. These appeared in Issue 99 of 31st March, 03

Top Tips on How to be Really Annoying

1. Sing the Birdie Song incessantly

2. If you have a glass eye, tap on it occasionally with you pen while talking to others.

3. Speak only in a robot voice.

4. Push all the thin, flat Lego pieces tightly together.

5. Start each meal by licking all your food, and explain that you are doing it so that no-one will swipe your grub.

6. Leave the office photocopy machine set to reduce 200 per cent, extra dark, seventeen-inch paper, 99 copies.

7. Sniff incessantly.

8. Leave the right-turn indicator on in your car for fifty miles.

9. Wear a special hip holster for your remote control.

10. Drum your fingers on every available surface.

11. Cultivate a Norwegian accent.

12. Never make eye contact.

13. Never break eye contact.

Guidelines for Incarceration

A kleptomaniac woman had been caught shoplifting in a supermarket and had to appear in court, taking along her long-suffering husband for marital support.

The prosecution proved that the theft had taken place so the judge told her that, considering her record, he was forced to impose a jail term.

“This time you stole a can of tomatoes. Let us suppose that there were six tomatoes in the can. Do you agree?”

The woman agreed. “Then I sentence you to six nights in jail.”

The husband jumped to his feet , addressing the judge, “Your honor, may I approach the bench?”

“Well,” said his honor, this is somewhat unusual but I will make an exception in this case. You may approach the bench.”

The husband wasted no time getting there and, leaning forward, he said in a low voice, “She also stole a can of peas, your honor.”

[Paul Dixon]

Fine Drafting

Those wonderful Church Bulletins! African Shipping expert Steve Cameron thanks God for the church ladies with typewriters and no auto correct. These sentences actually appeared in church bulletins or were announced at church services:

The Fasting & Prayer Conference includes meals.

Scouts are saving aluminium cans, bottles and other items to be recycled Proceeds will be used to cripple children.

The sermon this morning: ‘Jesus Walks on the Water.’
The sermon tonight:’Searching for Jesus.’

Ladies, don’t forget the rummage sale. It’s a chance to get rid of those things not worth keeping around the house. Bring your husbands.

Don’t let worry kill you off – let the Church help.

Miss Charlene Mason sang ‘I will not pass this way again,’ giving obvious pleasure to the congregation.

For those of you who have children and don’t know it, we have a nursery

Next Thursday there will be try-outs for the choir. They need all the help they can get.

Irving Benson and Jessie Carter were married on October 24 in the church. So ends a friendship that began in their school days.

A bean supper will be held on Tuesday evening in the church hall. Music will follow.

At the evening service tonight, the sermon topic will be ‘What Is Hell?’ Come early and listen to our choir practice.

Eight new choir robes are currently needed due to the addition of several new members and to the deterioration of some older ones.

Please place your donation in the envelope along with the deceased person you want remembered.

The church will host an evening of fine dining, super entertainment and gracious hostility.

Pot-luck supper Sunday at 5:00 PM – prayer and medication to follow.

The ladies of the Church have cast off clothing of every kind. They may be seen in the basement on Friday afternoon.

This evening at 7 PM there will be a hymn singing in the park across from the Church. Bring a blanket and come prepared to sin.

The pastor would appreciate it if the ladies of the Congregation would lend him their electric girdles for the pancake breakfast next Sunday.

Low Self Esteem Support Group will meet Thursday at 7 PM . Please use the back door.

The eighth-graders will be presenting Shakespeare’s Hamlet in the Church basement Friday at 7 PM. The congregation is invited to attend this tragedy.

Weight Watchers will meet at 7 PM at the First Presbyterian Church. Please use large double door at the side entrance.