BIMCO ISPS / Security Clauses for Time and Voyage Charterparties


  • Date: 26/03/2004
  • Source: BIMCO

ISPS/Security Clauses for US Trade

 BIMCO has produced standard ISPS clauses for voyage and time charter parties. These clauses are specifically designed to meet the needs of owners and charterers engaged in worldwide trading. BIMCO recommends their inclusion in all relevant charter parties.
 
For those involved in trading to the United States of America, BIMCO recommends that the ISPS clauses are supplemented by its US Security Clauses for voyage and time charter parties. The US Security Clauses have been developed by BIMCO to take into account the special security requirements imposed by the US, which has not adopted the ISPS Code.
 
For worldwide trading that includes trading to the US, the combination of the BIMCO ISPS Clauses and US Security Clauses should provide members with the necessary charter party provisions to cover security requirements.

 

U.S. Security Clause for Voyage Chartering

If the Vessel calls in the United States, including any U.S. territory, the following provisions shall apply with respect to any applicable security regulations or measures:
 
Reporting
The Vessel or its agents shall report and send all notices as required to obtain entry and exit clearances from the relevant U.S. authorities. Any delay caused by the failure to so report shall be for the Owners’ account, unless such failure to report is caused by or attributable to the Charterers or their representatives or agents including but not limited to the shipper and/or receiver of the cargo.
 
Clearances
Unless caused by the Owners’ negligence, any delay suffered or time lost in obtaining the entry and exit clearances from the relevant U.S. authorities shall count as laytime or time on demurrage.
 
Expenses
Any expenses or additional fees relating to the cargo, even if levied against the Vessel, that arise out of security measures imposed at the loading and/or discharging port and/or any other port to which the Charterers order the Vessel, shall be for the Charterers’ account.
 
Notice of Readiness
Notwithstanding anything to the contrary contained in this Charter Party the Vessel shall be entitled to tender Notice of Readiness whether cleared for entry or not by any relevant U.S. authority.


U.S. Security Clause for Time Chartering

If the Vessel calls in the United States, including any U.S. territory, the following provisions shall apply with respect to any applicable security regulations or measures:
 
Notwithstanding anything else contained in this Charter Party all costs or expenses arising out of or related to security regulations or measures required by any U.S. authority including, but not limited to, security guards, launch services, tug escorts, port security fees or taxes and inspections, shall be for the Charterers’ account, unless such costs or expenses result solely from the Owners’ negligence.

 

 

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