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Restrictions & Sanctions

Asian gypsy moth season 2021 - be prepared!

Members are hereby reminded that calling at areas considered AGM high risk have to be aware of the AGM requirements imposed on ships by various governments that are bent on keeping AGM at bay. The usual suspects are Australia, Canada, USA, Chile and New Zealand. Argentina is the latest country to join the ranks by having AGM regulations in place effective from April 2021.

The AGM high risk period usually starts from late May to September. A ship that has called at a port in the regulated AGM area during the specified risk period of the current or previous year will be considered a ship of high AGM risk and in general is required to get a proper AGM-free certificate at the last port visited at the high risk area. Some countries, e.g., Canada has their own inspection regimes where arrivals in Canada subject to AGM inspections are from 1 March to 15 September for western ports and from 15 March to 15 September for eastern ports, taking into account of the specified risk periods indicated in their requirements.

In addition, Canada has revised their AGM Policy Directive as follows:

  • Section 2.1 has been updated to clarify the requirement that AGM inspection reports which indicate the presence of AGM life stages, after AGM certification has been issued in an AGM regulated area, must be presented to the Canada Food Inspection Agency (CFIA).
  • Section 3.0 has been updated to outline conditions for exempting a vessel from inspection by the CFIA if the vessel presents the required phytosanitary certificate or other approved certificate for AGM and a negative inspection report from New Zealand
  • Section 4.3 has been added to clarify that failure of the Canadian agent to notify the CFIA of the arrival of a regulated vessel, prior to the vessel entering Canadian water is considered to be a non-compliance

The revised AGM Policy Directive is effective as from March 2021.

Members are advised to refer to our AGM section for information and guidance on the AGM regulations imposed by the above-mentioned countries, as well as using our BIMCO AGM clause for Time Charter Parties 2015.

 

Argentina pushes forward with new regulations to battle against Asian Gypsy Moth

Argentina has joined USA, Canada, Australia, New Zealand and Chile to impose AGM regulations on international ships visiting Argentinian ports.

The Argentinian National Service of Agri-Food Health and Quality (SENASA)  is the competent authority dealing with AGM regulations in Argentina and has recently approved a new resolution 764/2020 together with two integrated Annexes, prescribing phytosanitary measures for ships that have sailed or remained in the 'AGM-risk' or 'AGM-regulated' areas during the last 24 months, counting from the arrival of the ship at Argentinian ports.

This new Argentinian resolution was published in the Official Gazette on 14 October 2020 and enters into force 90 days after this date, i.e. on 12 January 2021. It is our understanding that notwithstanding the new measures will only enter into force  on 12 January 2021, it will be applied “retroactively”.  Therefore, if a ship arrives in Argentina on 12 January 2021, the period to be considered would be from 12 January 2019. So if the ship has visited one of the AGM-risk or  regulated areas in that period, this will have to be stated in the pre-arrival information; and if the visit coincided with the specified risk period, an AGM-free certificate must be obtained as well.

For full details of the AGM requirements, please go to our AGM section/Argentina for information and guidance.

Asian Gypsy Moth Season 2020 - be prepared!

Members are hereby reminded that calling at areas considered AGM high risk have to be aware of the AGM requirements imposed on ships by various governments that are bent on keeping AGM at bay. The usual suspects are Australia, Canada, USA, Chile and New Zealand.

The AGM high risk period usually starts from late May to September. A ship that has called at a port in the regulated AGM area during the specified risk period of the current or previous year will be considered a ship of high AGM risk and in general is required to get a proper AGM-free certificate at the last port visited at the high risk area.

Members are advised to refer to our AGM section for information and guidance, as well as using our BIMCO AGM clause for Time Charter Parties 2015

Trading restrictions (Argentina)

Trading restrictions imposed against Argentina:

None

 

Trading restrictions imposed by Argentina:

Transit between Argentina ports and the Falkland Islands
Decree 256/2010 on the authorization for vessels intending to transit between Argentina and the Falkland Islands.

Flag Waiver 
Although the Argentine "Law of the Reserve of Cargoes (1969)" relating to the carriage of goods by Argentine flag ships was revoked in 1991, there are still bilateral treaties which reserves the carriage of cargo between Argentina and the following countries to national tonnage only.

Armenia Moldavia
Azerbaijan Peru
Belorussia Russia
Brazil Tadjikistan
China* Turkmenia
Cuba Ukraine
Georgia Uruguay (relates solely to passenger vessels)
Kazakhstan Uzbekistan
Kirgizia

* excluding the islands of Kinmen, Matsu, Penghu and Taiwan and Hong Kong Special Administrative Region.

In cases where such national tonnage is not available, a flag waiver can be obtained allowing for the cargo to be carried on board non-national tonnage.


Explosives
The import, export and/or transit of explosives within Argentine ports/waters can only be undertaken subject to prior approval (Governmental Decree No. 302/83).


Toxic and /or Nuclear Residues
Vessels carrying such cargoes of prohibited from calling Argentine ports.


Union action
Seaman's Union (SOMU) require an ITF Blue Card Certificate at all ports where tug service is rendered prior to allowing their members (tugboats' crew) to proceed with the assistance. If a vessel does not have the required certificate no tug service will be provided. 

The list of flags subject to the above are currently as follows: 

Antigua and Barbuda

Jamaica

Bahamas

Korea, Democratic People's Republic of

Barbados

Lebanon

Belize

Liberia

Bermuda

Malta

Bolivia

Marshall island

Cambodia

Mauritius

Cayman Islands

Mongolia

Comoros, Union of

Myanmar, Union of

Cyprus

Netherlands Antilles

France

Panama

Georgia

Sao Tome & Principe

Germany

Sri Lanka

Gibraltar

St. Vincent & the Grenadines

Guinea, Equatorial

Tonga

Honduras

Vanuatu

In additon the Union is reported to be delaying berthing / unberthing of vessels flying the following flags. 

Antigua and Barbuda

Isle of Man

Bermuda

Malta

Cayman Islands

United Kingdom

Gibraltar

 




See also United Nations Security Council Resolutions

Restrictions & sanctions (Argentina)

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