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The experiences of operating during the Covid-19 pandemic and the challenges this has created have prompted a review of the BIMCO Infectious or Contagious Diseases Clauses (the "IOCD Clauses”).
The threshold for invoking BIMCO’s Infectious or Contagious Diseases (IOCD) Clauses is necessarily set at a high level to avoid misuse. The two clauses, one for time and the other for voyage charters, are designed to respond to extreme outbreaks of diseases and not just “everyday” illnesses.
BIMCO updating Infectious or Contagious Diseases Clauses to address pandemics
BIMCO updating Infectious or Contagious Diseases Clauses to address pandemics
BIMCO has published two clauses that take a balanced approach to termination risk following ship arrest, in response to cases seen in recent years when some dry cargo charterers have tightened procedures to arrest under a charter party.
BIMCO is merging its sanctions and designated entities charter party clauses, following revisions by a specialist subcommittee, to create a more robust contractual solution for sanctioning.
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.
