The Asian Gypsy Moth (AGM) season has struck again. It starts from late May to September which is considered the high risk AGM period. So a vessel which 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 vessel of high AGM risk. These vessels are required to comply with the relevant AGM regulations ( for example, a so-called AGM approved certificate) issued by the regulating countries, namely, Australia, Canada, Chile, USA and New Zealand.
Members are advised to refer to our AGM section for information and guidance.
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.
More AGM detections have been reported lately resulting in delayed entry to ports in the United States and Canada. According to reports received, this is due to high population levels of AGM in some countries regulated for AGM.
To combat this AGM invasion, the US and Canadian authorities have jointly issued a bulletin to advise vessel operators of what they can do to avoid potential delays at ports, bearing in mind that possessing a valid AGM certificate does not mean that the vessel cannot be ordered out of the port if AGM is detected.
Click here to read the joint-bulletin. Please also read BIMCO news piece of 27 June 2019 advising members of AGM dangers, precautions and usage of AGM clauses.
Trading restrictions imposed by Canada
In addition to the United Nations sanctions Canada has imposed the following:
Canadian Sanctions Related to Belarus
Canadian Sanctions Related to Russia
Canadian sanctions against the Democratic People’s Republic of Korea
The Special Economic Measures (Democratic People’s Republic of Korea) Regulations which entered into force on 31 August 2011, subject to certain exceptions, include:
- A prohibition on any ship that is registered in the DPRK to dock in Canada or pass through Canada unless such docking or passage is necessary to safeguard human life.
- A prohibition on financial services to, from or for the benefit of or on the direction or order of the DPRK or any person in the DPRK by any person in Canada and any Canadian outside Canada.
- A prohibition on all imports or shipment of any goods that are exported, supplied or shipped from the DPRK, whether the goods originated in the DPRK or elsewhere, by any person in Canada and any Canadian outside Canada.
- A prohibition on all exports or shipment any goods, wherever situated, to the DPRK or any person in the DPRK or to deal in any goods destined for the DPRK or any person in the DPRK, by any person in Canada and any Canadian outside Canada.
Canadian sanctions against Myanmar
Sanctions are specified under the Special Economic Measures (Burma) Regulations which entered into force on 13 December 2007.
The current sanctions include:
- a freeze on assets in Canada of any designated Myanmar national connected with the State of Myanmar and prohibitions on several categories of transactions, services and dealings involving property of designated persons, wherever situated
- an arms embargo, including prohibitions on exporting and importing arms and related material to and from Myanmar, on communicating technical data related to military activities or arms and related material, and on financial services related to military activities or arms and related material. Exempt are certain protective or non-lethal military clothing and equipment when intended for use by media, humanitarian, human rights or other listed personnel.
- The Canadian Sanctions Related to Myanmar were updated on 14 May 2021.
Canadian sanctions against Iran
Canada imposed new sanctions on Iran under the Special Economic Measures Act (SEMA). These sanctions were in addition to existing sanctions passed by the United Nations Security Council and entered into force on 22 July 2010.
On 29 May 2013 Canada announced an immediate ban on all imports to and exports from Iran, subject to certain exemptions; and added a further 30 individuals and 82 entities to Canada's list of designated persons with whom dealings are prohibited under the Special Economic Measures Act. With these new measures, the total number of designated persons rises to 78 individuals and 508 entities.
Except where designated individuals and entities are involved, exemptions are provided for activities that safeguard human life, provide disaster relief, food or medicine and the new exemptions for equipment, services and software that facilitate secure and widespread communications via information technologies; goods used to purify water for civilian and public health purposes, and for the provision of listed medical equipment; and expand the existing exemptions for the provision of legal services.
Canadian sanctions against Syria
Sanctions are specified under the Special Economic Measures (Syria) Regulations which were last amended on 28 November 2012.
Some of the sanctions include:
- a prohibition on the import, purchase, acquisition, or transportation of goods, other than food for human consumption, that are exported, supplied or shipped from Syria after 23 December 2011
- a prohibition on the import, purchase, acquisition, or transportation of petroleum or petroleum products, excluding natural gas, from Syria;
- an asset freeze on designated individuals and entities
- a prohibition on new investment in the oil industry in Syria; and
- a prohibition on providing financing for the activities described above.
- a prohibition on the export, sell, supply or ship to Syria or any person in Syria any of the goods set out in Schedule 2 of the Act.
For a complete list of sanctions please see Special Economic Measures (Syria) Regulations below.