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December 2019 IMO publishes a Corrigenda to the IMDG Code (Amendment 39-18)
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. 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 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 International Maritime Dangerous Goods Code (IMDG Code) is pubslished by the International Maritime Organization.
SOLAS Chapter VII part B - Construction and equipment of ships carrying dangerous liquid chemicals in bulk - made the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, in short - the IBC code - mandatory for chemical tankers constructed on or after 1 July 1986.
Amendment 39-18 will be incorporated into the International Maritime Dangerous Goods Code (IMDG), 2018 Edition, and come into force on 1 January 2020.
Providing the significant changes under the Amendment 39-18, 2018 edition to the IMDG Code. Note that the IMDG Code, Amendment 39-18, 2018 edition, published by the International Maritime Organization (IMO) is mandatory from 1 January 2020 and applicable for two years until the next edition of the IMDG Code becomes mandatory from 2022.
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