UPDATE: This policy has now been revoked. Please see the latest Club update here. On October 2, 2019, the US Customs and Border Protection (CBP) office in New York announced a new Shore Leave Policy restricting shore leave in the New York/Newark port area to crew members who have completed a minimum of five contracts. CBP New York explained that this new policy was required to address the problem of increasing desertions by crew members on shore leave at the port. It has now been clarified that a “contract” of service in the context of the policy means a full contract of service and not simply vessel voyages or calls made by a crew member to a particular port. For additional information, Members are referred to ECM Maritime Services LLC’s: Client Alert 19-2019 dated 28 October, 2019.
On 31 October, 2019, the IMO updated its “List of National Operational Contact Points Responsible for the Receipt, Transmission and Processing of Urgent Reports on Incidents Involving Harmful Substances, Including Oil from Ships to Coastal States”. This list may be accessed here (or select “National Contacts” link on the bottom of the IMO homepage). This online version of the list is updated on a quarterly basis and includes a summary indicating which country has submitted changes to its information. Members are reminded to ensure that SOPEPs or SMPEPs on board Members’ vessels are duly updated with the current list.
The ICC Incoterms rules define the responsibilities of buyers and sellers for the delivery of goods under sales contracts, and determine how costs and risks are allocated between the parties.The ICC published Incoterms 2020 (“the rules”) on 10 September and the terms will come into force on 1 January 2020.
Members’ attention is drawn to the USCG Marine Safety Bulletin (MSIB) 005-19 introducing a new procedure for ship owners and operators operating in the North American (NA) or US Caribbean Sea Emission Control Area (ECA) to comply with the MARPOL Annex VI Regulation 18.2.4.
Navigation restrictions around the Miaodao Archipelago are published on ECDIS, and navigation warnings and notices are issued to mariners sailing in the region.
Hong Kong and China have agreed new measures to allow parties to an arbitration seated in one jurisdiction to attach assets in the other jurisdiction pending an award. This is an important extension to arbitration proceedings of measures previously restricted to litigants before Hong Kong and Chinese courts. It also reflects the increasing use of Hong Kong as a forum for arbitration.
A US seaman sued his employer/vessel owner for injuries suffered on board a dredge vessel, alleging various claims which included negligence under the US Jones Act
The IMO Marine Environment Protection Committee (MEPC) met for its 74th session at the IMO Headquarters in London from 13-17 May. Below is a summary of the outcome from this meeting on the following topics
Today, more and more jurisdictions are either mandating or encouraging parties in dispute to make attempts to resolve their disputes through alternative dispute resolution forums before commencing proceedings in court.
We would like to draw Members’ attention to the latest Client Alert 4-2019 from ECM Maritime Services LLC.