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.
The new season for BMSBs bugs starts in September and with that, a whole new string of measures has been implemented jointly by New Zealand and Australia to stem the tide of these bugs coming into their countries. For the 2021/2022 season, seasonal measures will apply to :
- targeted goods manufactured in, or shipped from target risk countries
- vessels that berth at, load or tranship from target risk countries.
- goods that have been shipped between 1 September 2021 and 30 April 2022 ( inclusive)
Due to the rapid spread of these BMSBs in Europe and North America, the list of countries targeted for having BMSBs has now grown to 38 countries for New Zealand and Australia. There are also countries that have been identified as emerging risk countries for this season.
New Zealand's MPI has released a revised version of their "Import Health Standard for Vehicles, Machinery and Parts" that came into effect 11 August 2021. The " Import Health Standard for Sea Containers from all countries" which entered into force on 19 July 2019 remains. These revised standards impose various requirements for certain goods as well as specific ones for sea containers coming from Italy and used vehicles from Japan.
To see all of the above requirements, please refer to our section on "Asian Gypsy Moth & phytosanitary restrictions/Brown Marmorated Stink Bug Regulations" for details.
Members operating ships heading for Australia, New Zealand and Chile should ensure that the above BMSB seasonal measures are complied with in order to avoid ships being turned away from their territorial waters, notwithstanding that the responsibility of ensuring the cargo is ¨'clean' lies with the importers.
Australian Brown marmorated Stink Bugs (BMSBs) requirements
BMSBs pose a high biosecurity risk to Australia. This is an invasive pest, native to Asia, and is highly capable of hitchhiking, highly mobile in nature and lack of effective lures. They can severely impact the Australian agricultural industries as well as a nuisance pest to homes, vehicles and factories, seeking shelter in these areas over the winter. They are more frequently found on goods arriving in Australia between September and April, coinciding with the late autumn and winter seasons in the northern hemisphere.
Due to the high risks posed by BMSBs, the Australian Department of Agriculture and Water Resources (DAWR) has introduced seasonal measures to manage these risks. These seasonal measures will apply between 1 September 2018 and 30 April 2019; both dates inclusive.
Heightened surveillance on all roll-on/roll-off (ro-ro) and general cargo vessels through additional pre-arrival reporting with a BMSB questionnaire and daily checks conducted by vessel masters.
Target risk countries
Any target high risk or target risk goods manufactured in, or shipped from these countries are subject to the BMSB seasonal measures. Any vessel that tranships or loads goods from these countries are also subject to heightened vessel surveillance:
- United States of America
- Japan (heightened vessel surveillance will be the only measure applied).
Target high risk or target risk goods
Some goods manufactured in, or shipped from the target risk countries as sea cargo have been identified as target high risk or target risk goods. To view the list as well as how these goods should be subject to BMSB treatments, please click on this DAWR link here
Throughout the season, the measures based on detections of BMSB and the risk pathways would be continuously reviewed.
New Zealand BMSB requirements
For BMST requirements in New Zealand, please to the Biosecurity New Zealand website
Chilean BMSB requirements
Servicio Agricola y Ganadero (SAG) Resolution No. 971/2018 (Spanish only)
Members operating ships to Australia, New Zealand and Chile are urged to familiarise themselves of the above BMSB requirements and compliance.
Trading restrictions imposed by Australia
Asian Gypsy Moth Regulations
See: Australian Asian Gypsy Moth Regulations
- Fiji: Arms embargo
- Iranian sanctions
On 29 July 2010, the Australian Minister for Foreign Affairs and Trade announced new sanctions against Iran supplementing existing United Nations Security Council sanctions against Iran.
The new measures include
- Targeted financial sanctions: Restrictions on financial transactions involving designated individuals and entities which contribute to Iran's nuclear and missile programs; or assist Iran to violate its sanctions obligations.
- Travel restrictions: Restrictions on visas to travel to Australia by individuals who contribute to Iran's nuclear and missile programs; or assist Iran to violate its sanctions obligations.
- Arms and strategic goods and services embargo: The range of goods and services prohibited for supply to Iran has been expanded to include any items, or related services, that could contribute to Iran’s nuclear or missile programs, as well as heavy military equipment. In addition, the Iran Regulations now prohibit the transfer of technology or technical assistance to Iran related to ballistic missiles.
The new sanctions also prohibit the provision of bunkering services for Iranian vessels without prior authorisation from the Foreign Minister.
- Democratic People's Republic of Korea sanctions
Vessels flying the DPR Korean flag are banned from Australian ports since 10 October 2006.
- United Nations Security Council Resolutions