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Cyprus: New Regulations On Fees And Dues For Ocean-Going Commercial Ships

The Shipping Deputy Ministry recently issued the Merchant Shipping (Fees and Dues with respect to Ocean Going Commercial Cyprus Ships) Regulations 2019 (Administrative Act 322/2019), which contain the new fees and charges payable for ocean-going commercial ships registered in Cyprus applicable as of 27 September 2019. The regulations define ‘ocean-going commercial Cyprus ships’ as Cyprus ships which carry out their usual activity outside Cyprus’s territorial sea for commercial purposes. As explained in the ministry’s Circular 16/2019, the aim of the new regulations is to: simplify the relevant fees and dues ...

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Annotation on amendments to Turkish port regulations

Some major amendments on Turkish Port Regulation took place in the Official Gazette dated 24th September, 2019. By this article, Mehmet Dogu, Interlegal partner from Turkey (Dogu Law Firm) draws attention of viewers to the important points of amendments. 1) Obligation to Notify Changes About Estimated Time of Arrival: The 12 hours time limit on notifying the Harbour Master’s Office about the estimated time of arrival was amended with this new regulation. By the amendment, the time of the notification on the estimated time of arrival was increased to 24 ...

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Working hours – a dated but still key notion?

A common stipulation is that NOR is tendered during working hours, or more usually within stated such times, thus governing laytime but perhaps also giving charterers the right to cancel. In Bilgent Shipping v ADM International ([2019] EWHC 2522 (Comm)) (the “ALPHA HARMONY”) familiar weekday and shorter Saturday tender ranges (but with the right to cancel arising only on the Sunday) left intermediate owners exposed, as the head and sub charters were not back-to-back. Fixtures The head charter was on an amended Norgrain 1973 form between owners and ADM. The ...

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The Shipping Industry Is Increasingly Embracing Environmental Sustainability

The plastic continent — and how to tackle it — may be hogging the headlines, but the shipping industry – frowned upon as a notorious polluter on a massive scale – is also being effectively reined in and compelled by law to go green. EU legislation and the International Maritime Organisation (IMO) are wielding their increasingly environmental sustainability vision and doing so in a holistic manner that is impacting shipping worldwide. Indeed the targeted spheres are: • Sea transport of toxic waste • Dismantling of ships • Sulphur emissions In ...

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The Maltese Ship Registry establishes a regional office in Greece

The Maltese Flag registry continues to retain its status as one of the largest flags in Europe and the sixth largest maritime flag in the world. During the past year, Malta has recorded the largest increase world-wide of the number of ships newly registered with its flag, an increase of 7% so far. With this significant and constant growth as a backdrop, the Merchant Shipping Directorate has been working towards expanding its offices outside Maltese shores. In October 2019, The Minister of Transport, Infrastructure and Capital Projects inaugurated the first ...

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All Hands on Deck: Malware Is Infecting Cargo Vessels Arriving in the United States

Cargo vessels have been carrying essential goods to U.S. ports for hundreds of years. Increasingly, they are arriving with hazardous goods — debilitating and potentially destructive malware and malicious cyber tools that pose a threat to our critical infrastructure. In February 2019, the Port Authority of New York and New Jersey alerted U.S. Coast Guard (“USCG”) authorities about a U.S.-flagged cargo ship that intended to dock in New York. The alert was in response to the ship’s reporting “that they were experiencing a significant cyber incident impacting their shipboard network” ...

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Decision on shipbrokers’ informative obligations

A significant recent judgment by the Genoa Court of Appeal examined the extent and nature of the informative duties imposed on shipbrokers under Italian law. Facts The case concerned the potential liability of a shipbroker in the conclusion of a charter contract in light of certain statements made by the shipbroker to the contracting parties. In particular, during the negotiations, the broker told the charterers that the shipowners “are German owners and they are very punctual and precise but very strict in their terms”. The charter was concluded, but remained ...

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MARAD Seeks to Reestablish Voluntary Tanker Agreement

On November 1, 2019, the Maritime Administration (MARAD) published a notice seeking public comment on its draft Voluntary Tanker Agreement (VTA). After being dormant since 2013, MARAD is seeking to reestablish the VTA under the voluntary agreement authority of the Defense Production Act of 1950 (DPA), to provide the U.S. Transportation Command (USTRANSCOM) with assured access to tanker capacity to meet national defense needs. The program shares a number of similarities with the successful Voluntary Intermodal Sealift Agreement (VISA), which provides USTRANSCOM with assured access to vessels, intermodal systems and ...

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Does IMO 2020 expose shipbuilders to claims for breach of contract?

Since the adoption of the 0.50% m/m maximum global limit on sulphur content by the IMO in October 2016 much consideration has been given to the practical and legal challenges facing shipowners in meeting the global limit effective from 1 January 2020. However, there has been little focus on the potential impact on shipbuilders, specifically their potential exposure for breach of contract. Regulation 14.1.3 Annex VI of the Marpol Convention applies directly to shipowners, reducing the permissible sulphur content of fuel on board intended for use as bunkers from 3.5% ...

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New Horizons for MOORE Greece

Moore Stephens Greece, a pioneer in the Greek audit and accounting sector, a firm with deep roots in shipping, has changed its name to Moore Greece. This is part of a broader global rebranding whereby Moore Stephens International will now be known as Moore Global. This change coincides with the appointment of Costas Constantinou as Global Head of Shipping within the Moore Global network. Moore Stephens Greece was established in 1963 by Damianos Constantinou as the first internationally affiliated certified audit and accounting firm in Greece. Headquartered in Piraeus, the ...

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Malta: The Meaning Of ‘Ship’ In Judicial Sales In Malta

Because of its geographical location in the centre of the Mediterranean, Malta has since time immemorial served as a maritime centre. Straddling major shipping routes, Malta has attracted ships to its shores, whether for supplies, repairs or to load or discharge cargo. This tradition has continued in more recent times and developed further when large transhipment facilities were constructed, turning Malta into a maritime hub. Maltese law and court practice operate together in such a manner that renders Malta an interesting and attractive jurisdiction for the arrest of ships and, ...

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Defeat for shipping’s “most spectacular fraud”

War Risk underwriters have succeeded in rejecting a $77m claim on the basis that the constructive total loss of the Brillante Virtuoso was caused by the wilful misconduct of the Owner. On October 7, 2019, Mr Justice Teare handed down a 140 page judgment putting to bed the questions about what has been described as the “most spectacular fraud in shipping history”. The background facts – the “hijacking” The Brillante Virtuoso was carrying a cargo of fuel oil on a voyage from Ukraine to China. Shortly before midnight on July ...

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Emirates Maritime Arbitration Centre discusses session on maritime casualties in UAE waters

Marine casualty management has been a topic of interest to maritime stakeholders in the Middle East region, which is why EMAC has provided a discussion platform focusing on maritime casualties in UAE waters with Mehtab Kassam, Senior Associate at Clyde & Co. In her presentation, Ms. Kassam spoke about the complexities in maritime casualties; what this means through the eyes of Sharia laws and criminal aspects of casualties. “EMAC has continued to work towards bringing topics of vital importance to the UAE maritime community. We believe that prevention is better ...

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Cyprus: Cyprus As A Regional Trade And Financial Services Centre – The Way Ahead?

Elias Neocleous and Co LLC was pleased to support a recent seminar organized by the Cypriot Branch of the International Law Association (“ILA”). The event took place on 4th October 2019 at the Cultural Center of Hellenic Bank in Limassol. The topic for discussion was “Cyprus as a Regional Trade and Financial Services Center: Opportunities and Risks”. The timing of the seminar was particularly apt given the trade and financial opportunities that will exist for Cyprus as a result of BREXIT. Alongside this, the recent creation of a Deputy Minister ...

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Two International Shipping Companies Pay $1.8 Million for Failing to Notify the Coast Guard of a Hazardous Vessel Condition and Concealing Vessel Oil Pollution

Two shipping companies incorporated in Liberia pled guilty today in federal court in Wilmington, Delaware, to failing to notify the U.S. Coast Guard of a hazardous condition on one if its vessels and to violating the Act to Prevent Pollution from Ships (APPS) by presenting false documents to the Coast Guard that covered up vessel oil pollution. Jeffrey Bossert Clark, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and David C. Weiss, U.S. Attorney for the District of Delaware announced the plea agreement. The agreement includes ...

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