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The Documentary Committee, under the chairmanship of Mr Francis Sarre, met in Copenhagen on 17 November in Copenhagen for its regular autumn meeting. Following two years’ intensive work involving owners, lawyers and financial institutions, a new Standard Term Sheet for Bilateral Financing was adopted.
BIMCO is developing its own standard Memorandum of Agreement (MOA) for ship sale and purchase (S&P). The new BIMCO MOA is rapidly taking shape after just three meetings of the expert group, the most recent at the offices of Louis Dreyfus in Paris on 27 January.
The EU is carrying out an online survey which is relevant to all shipowners irrespective if they operate ships on EU-flag or not. The outcome of the survey will be used to establish criteria for determining that a ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner. The outcome could result in reduced fees for delivering waste to a port reception facility, and BIMCO encourages all shipowners to take part in the survey.
BIMCO has taken the decision to revise and update SHIPMAN 2009 and CREWMAN A and B 2009 - the ship management sector's "go to" standard agreements.
Sale and leaseback transactions have seen a substantial increase in recent years as an alternative method of ship financing, and BIMCO has adopted a new term sheet which will facilitate the negotiation of sale and leaseback deals and make the process cheaper for parties involved.
SHIPLEASE is a standardised term sheet intended for use in ship sale and leaseback transactions. The term sheet has been principally developed for sale and leaseback transactions involving second-hand ships, but it can be readily adapted to fit structures involving newbuildings or vessels that are undergoing major refit. It is suitable for use for both operating and finance leases, although it may need to be adjusted as appropriate. The latest edition of this contract is SHIPLEASE, issued in 2020.
The BIMCO Shipping KPI is a global shipping industry tool for defining, measuring and reporting information on ship performance.
BIMCO has enhanced its ship finance term sheet suite by introducing SHIPLEASE, an industry first standard for ship sale and leaseback. SHIPLEASE is an indicative term sheet for use in both operating and finance leases. It has been developed mainly for second-hand ships but can be adapted to fit newbuildings.
The new agreement is designed to meet the contractual needs of small to medium sized shippers, which, despite the large number and global value of the shipments they transport, often lack the legal resources to develop their own agreements with carriers.
The intention and purpose of the BIMCO Ship Sales Further Trading Clause 2023 (the “Clause”) is for the Buyers and Sellers of a Vessel to agree that the Vessel will continue to trade. This provides the Sellers with a reasonable level of protection and reduces any risk that they will be held liable for the actions of the Buyers once proprietary interest in the Vessel has passed onto the Buyers in instances where the Buyers dispose of the Vessel in contravention of any rules and regulations concerning the demolition or dismantling of Vessels.
