Time bar clause

BIMCO’s CII Operations Clause – Questions and answers

The CII regulation which came into force on 1 January 2023 is complex. In November, BIMCO published a clause to help the industry navigate it. Below, we have gathered some questions and answers to help understand the fundamentals of the clause.

General Average Absorption Clause 2018

The BIMCO Standard General Average Absorption Clause, for use in marine insurance policies, was updated in 2017 to give effect to the revised York-Antwerp Rules 2016. Further modifications have now been made to streamline the basis for determining insurers’ payments. Details are set out below together with advice on adapting the clause where the underlying marine insurance policy covers more than one vessel. The 2018 clause should be used in place of the 2017 provision. The original 2002 version of the Clause, based on the York-Antwerp Rules 1994, should no longer be used.

AIS Switch Off Clause 2021

AIS manipulation is one tool used by parties to evade sanctions. This clause addresses this issue and is part of the BIMCO suite of sanctions clauses. It is intended to be part of a company’s sanctions compliance due diligence programme. Although the continuous operation of a ship’s Automatic Identification System (AIS) is mandatory under SOLAS, there are circumstances where it may be legitimately be switched off. The purpose of the clause is to ensure that when this is done legitimately, it does not give rise to termination rights and ensures a balance of the rights and responsibilities between owners and charterers in preventing AIS manipulation to evade sanctions.

Documentary Committee adopts string of important contracts and clauses

When BIMCO’s Documentary Committee (DC) met on 11 October in Copenhagen, it approved two new clauses and two revised versions of existing contracts. The new standards are being finalised for publication and will soon be made available for use on SmartCon and on the BIMCO website accompanied by explanatory notes.

Performance clause

Calcutta - Sandheads Clauses

Contract Authenticity Clause

The purpose of the BIMCO Contract Authenticity Clause is to encourage parties issuing contracts based on a BIMCO form to agree to use one obtained from an authorised source (such as SmartCon).

New terminal conditions clause takes balanced approach

A new, “ Terminals Conditions of Use ” clause gives owners and operators in the oil, gas, dry bulk and container trades the means to respond to unreasonable terms imposed by terminals as a condition of using their facilities.

BIMCHEMTIME Vetting and Inspection Clause 2006

The development of the Vetting and Inspection Clause formed part of the general task of modernising the 1984 BIMCHEMTIME charter party. However, recognising the potential benefit to the chemical industry of coming up with a good standard vetting and inspection clause, BIMCO decided to prepare the BIMCHEMTIME Vetting and Inspection Clause as a free-standing standard clause that can be incorporated into other chemical carrier time charter parties. The Vetting and Inspection Clause forms a cornerstone of any time charter party in the chemical trade. BIMCO’s Vetting and Inspection Clause for Chemical Carriers is an attempt to deal in a reasonable way with a fundamentally unreasonable situation.