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The sanctions landscape for the container trade has grown increasingly complex over the past decade. To provide the container industry with a bespoke contractual solution that addresses the practical and commercial realities of the liner trade BIMCO has developed a Sanctions Clause for Container Vessel Time Charter Parties 2020.
The sanctions landscape has grown increasingly complex since BIMCO published its Sanctions Clause for Time Charter Parties in 2010 and the Designated Entities Clause for Charter Parties in 2013. International sanctions regimes are constantly changing with new restrictions being added and new persons and entities being listed. A violation of sanctions restrictions can have severe consequences and in the worst cases can lead to parties being listed as sanctioned parties. Therefore, carefully worded sanctions clauses in charter parties and other contracts are vital for internationally trading companies to help them manage and mitigate their sanctions risk and to enable them to continue to do business while remaining compliant with the various sanctions regimes. The absence of a standard BIMCO sanctions clause for voyage charter parties has resulted in owners and charterers amending the BIMCO Sanctions Clause for Time Charter Parties or drafting bespoke clauses. BIMCO has therefore developed this sanctions clause for use in voyage charter parties so that there is an industry standard clause. It is intended to provide a balanced allocation of the risks posed by sanctions as between owners and charterers. This clause is intended for use in all trades except for container trades. A separate sanctions clause for the container trades is under development. This clause was published on 19 December 2019. It is a sanctions clause that also covers issues related to designated entities previously found in BIMCO’s Designated Entities Clause for Charter Parties 2013. This new sanctions clause should be used instead of the old Designated Entities Clause.
The sanctions landscape has grown increasingly complex. International sanctions regimes are constantly changing with new restrictions being added and new persons and entities being listed. A violation of sanctions restrictions can have severe consequences and in the worst cases can lead to parties being listed as sanctioned parties. Therefore, carefully worded sanctions clauses in contracts of affreightment are vital for internationally trading companies to help them manage and mitigate their sanctions risk and to enable them to continue to do business while remaining compliant with the various sanctions regimes.
The complexities of maritime decarbonisation are underscored by the industry's multifaceted challenges in reducing greenhouse gas emissions. The European Union (EU) and the International Maritime Organization (IMO) have implemented new rules to address this imperative. The EU and the IMO have set ambitious emission reduction targets for the shipping sector, encouraging the adoption of alternative fuels and energy-efficient technologies. Simultaneously, the IMO’s strategy for reducing GHG Emissions from ships outlines a phased approach towards decarbonisation. These regulations necessitate significant technological and operational changes for shipowners, charterers, and operators. Achieving compliance involves navigating intricate compliance frameworks, especially considering the diverse nature of vessels and trades.
Ashok Srinivasan, Manager in Maritime Safety and Security at BIMCO, is speaking as part of panel for Maritime Technologies Forum (MTF) on Safe Maritime Decarbonisation and alternative fuels.
At the Connecticut Maritime Association's conference in Stamford in mid-March, Thomas gave a keynote speech which was reported on by Lloyd's List.
BIMCO’s Immediate Past President and Kaptanoglu group CEO, Sadan Kaptanoglu, believes that the industry must find international consensus on the path to decarbonisation and take action on diversity.