On 10 October 2025, the Ministry of Transportation of the People’s Republic of China issued Announcement No. 54 [2025], introducing a Special Port Fee on vessels with a nexus to the United States calling at Chinese ports. This measure, which came into effect on 14 October 2025, was a direct countermeasure to the United States Trade Representative’s Section 301 investigation into China’s maritime, logistics, and shipbuilding sectors. These fees have since been suspended for 12 months, but BIMCO has acted proactively by publishing the Chinese Special Port Fee Clause for Time Charter Parties 2025. This clause is designed for incorporation into both new and existing charterparties to help parties manage potential exposure beyond the suspension period or in case of reinstatement.
The clause provides a framework for allocating responsibility for these fees between owners and charterers and is intended for use in both new and existing agreements. It mirrors the structure of the BIMCO USTR Clause for Time Charter Parties 2025 while adapting to the specific features of the Chinese measures. The subcommittee has acknowledged that some ambiguities in the PRC MOT Announcement, such as the undefined term “operator”, cannot be resolved within the clause.
Unlike the USTR measures, which apply different levels of fees, the PRC MOT Announcement imposes a single fee category, simplifying the contractual framework and removing the need for provisions addressing fee increases.
Owners must declare whether any entities associated with the vessel have a nexus to the United States or whether the vessel was built in the United States and notify charterers of any changes during the charter period. This ensures transparency without requiring disclosure of sensitive organisational details.
Charterers are generally responsible for all fees incurred when the vessel calls at Chinese ports pursuant to their orders, but liability may shift to owners if they fail to provide accurate declarations, make changes to ownership or operational nexus after the declaration, or direct the vessel to call at a Chinese port for solely for their own purposes.
Parties should review their contractual chains carefully when assessing exposure to these fees. Owners should ensure accurate and timely declarations to avoid liability, while charterers should establish clear processes for prompt payment and reimbursement to prevent operational disruptions. The clause does not grant rights to terminate the contract, exercise a lien on cargo, or trigger automatic off-hire; these remedies remain governed by the underlying charterparty terms.
For further guidance or questions about the clause, please contact contracts@bimco.org.
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