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The latest edition of this clause is the BIMCO Hull Fouling Clause for Time Charter Parties 2019
Political and civil unrest, wars and other conflicts are regularly raising concerns with regard to the safety of navigation and the safety and welfare of seafarers visiting ports belonging to countries involved in such conflicts.
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.
BIMCO has published an updated version of its widely used Hull Fouling Clause for Time Charter Parties. The new edition more clearly sets out the circumstances and point in time when responsibility for hull cleaning passes from owner to time charterer.
Many container operators use charter party trade limits as a sanctions management tool when operating liner services between non-sanctioned countries. To provide an alternative contractual solution and to proactively address the current trend to impose sanctions on the shipping industry, BIMCO is currently developing a sanctions clause specifically designed for time chartering container ships.