The Iran Threat Reduction and Syria Human Rights Act of 2012 substantially expands the already broad sanctions, which could be imposed against foreign entities doing business with Iran. It also provides for sanctions against persons engaging in activities related to human rights abuses in Iran and Syria. This is an overview of key provisions of the new legislation most likely to impact businesses:
New wide-ranging amendments to the STCW rules, agreed by governments in Manila in 2010, are intended to ensure that STCW standards stay relevant, so that seafarers can continue to develop
OCIMF - Recommendations Relating to the Application of Requirements Governing Seafarers' Hours of Work and Rest
With the entry into force of the 2010 Manila amendments to the STCW Convention and the 2006 Maritime Labour Convention (MLC 2006), it is expected that Port State Control procedures will pay increasing attention to ensuring compliance with the requirements. There is a risk that variations in interpretation of the regulations by Port States will increase the likelihood of deficiencies being reported and/or vessels being detained.
The distinction between 'crew negligence' and 'crew incompetence' and the consequence thereof
This brief article gives some guidance as to what may constitute incompetence in contrast to negligence as derived from the existing case law. Konstantinos Bachxevanis of Reed Smith LLP's Shipping Group uses a practical example of an on-board incident to develop understanding of these concepts.
The publication of the International Atomic Energy Agency's latest report on Iran has prompted a fresh round of sanctions against Iran. The White House and U.S. Treasury took a series of actions yesterday to increase pressure on Iran. The biggest impact for the shipping industry would seem to be the new petroleum sector sanctions under Executive Order 13590, which are aimed at non-U.S. persons that provide support to Iran's energy sector. This briefing note also includes information on the UK's Financial Restrictions (Iran) Order 2011.
Piracy - Threat at sea: A risk analysis
This latest work in Munich Re's knowledge series has been written as a contribution towards the international debate on this topical issue. Piracy - Threat at sea provides a risk analysis of the danger emanating from piracy and marine terrorism and explains the legal position at national and international levels. It highlights underwriting aspects and describes ways of minimising the risk.
These recommendations are for the guidance of masters, their supporting personnel and pilots in laying down the minimum standards to be expected of the pilotage service given on board ships in pilotage waters worldwide and aims to clarify the roles of the master and the pilot and the working relationship between them. Such guidance is designed to supplement existing regulations and standard references on pilotage which include, but are not limited to, those listed in Section 10.
The vast majority of ships trading today are purchased with money advanced by a bank or other financial institution and are therefore subject to a mortgage. It will usually be agreed, however, that the owner will continue to trade the vessel himself so that the bank will not be directly involved in the ship's commercial operation. Indeed, it is likely to be the trading income earned by the owner which is used to pay the mortgage debt. But there will inevitably be occasions when the mortgagee bank wishes to exercise its option to enforce its mortgage, for example by arresting and selling the ship. Whatever the position between the bank and the shipowner, the effect of such an arrest may well be to prevent performance of the contracts of carriage to which the ship is then subject; thereby causing a breach of the charterparty between the owner and the charterer and/or the bill of lading contract between the owner and cargo interests. This article examines the extent to which the existence of a charterparty or bill of lading contract may inhibit the ability of a mortgagee to enforce his mortgage, and his potential liability if he goes beyond these limits.