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Following years of disruption to US soya bean exports due to the US-China trade war, the first seven weeks of the 2020/2021 marketing year, which runs from 1 September to 31 August, have seen the strongest exports ever.
Despite decades of the shipping Industry's and the regulators' efforts in developing guidance and even changing the SOLAS regulations, it has to be admitted that the task of entering enclosed spaces is still a high risk operation.
After the killing of General Qassem Soleimani by a US drone in early January 2020, and the following retaliation by Iran, BIMCO is publishing its view of the escalated tension in the Persian Gulf, as well as advice regarding the new sanctions clauses, and encourages owners, operators and charterers to follow the operational and contractual guidance set out in this article.
Although risks remain, all indicators point to solid and sustained market strength not seen since the financial crisis hit in 2008.
The International Group of P&I Clubs, International Chamber of Shipping (ICS), BIMCO and InterManager (the “international industry organisations”) draw Members’ attention to the series of recent ship detentions and crew arrests in Mexico and, in the case of the UBC Savannah, the lengthy and continuing detention in custody of the ship’s Master without any formal charges against him, following the discovery of illegal narcotics on board.
In November 1998, BIMCO was approached by the European Community Shipowners’ Association (ECSA) to discuss the possibility of developing a Recommended Quality Clause that would encourage the practical implementation of the European Shippers Council (ESC) “Voluntary Code of Best Practice”. The ESC’s Code was published as a self-regulatory measure in support of the European Community’s Quality Shipping Campaign. In recognition of BIMCO’s role as the shipping industry’s lead organisation in the development of standard clauses, ECSA and ESC felt that BIMCO was the most appropriate body to produce such a clause. As a signatory of the Maritime Industry Charter on Quality, BIMCO was keen to demonstrate its support for the initiative to promote a quality culture throughout the industry by all participants. Of paramount importance to BIMCO was to ensure that by developing a Standard Quality Clause for the industry, the risk of a proliferation of charterer-inspired quality-related clauses was kept to a minimum.
When BIMCO’s Documentary Committee (DC) met on 11 October in Copenhagen, it approved two new clauses and two revised versions of existing contracts. The new standards are being finalised for publication and will soon be made available for use on SmartCon and on the BIMCO website accompanied by explanatory notes.
The ongoing blockage of the Suez Canal has resulted in ships diverting south to transit around the Cape of Good Hope, potentially taking them through the High Risk Area. It is noted that whilst the threat of Somalia-based piracy is currently suppressed through a combination of military operations, application of BMP 5 and the presence of armed guards, an increase in maritime traffic through the area may present opportunities for Somali Pirate Groups to attack shipping. The consequences of not adopting effective security measures can be severe.
Anna Wollin, Manager, Contracts and Clauses at BIMCO, says that many of the disputes that commonly occur when a ship is redelivered at the end of a time charter could be avoided by using clearer wording in contracts.
