Member circulars

There have been cases reported in the US where claimants have filed suit against vessel managers in order to avoid the COGSA defences/limitations which protect shipowners. US legal advice was therefore obtained on a possible amendment of the current revised clause ...

On 14 April 2014 the Nairobi International Convention on the Removal of Wrecks, 2007 achieved the requisite number of ratifications triggering the entry into force conditions. The Convention will enter into force in State Parties on 14 April 2015.

We are pleased to report that the financial position of Gard P. & I. (Bermuda) Ltd and Assuranceforeningen Gard – gjensidig as at the end of the second quarter of 2014 (20 August, 2014) remains strong.

The six month temporary suspension period of certain transportation and insurance prohibitions expired on 20 July 2014. Subject to the parties to the JPoA meeting certain conditions, it has been agreed that a further period of temporary suspension of prohibition measures will apply until 24 November 2014.

The European Union has published Regulation 692/2014 of 23 June 2014, introducing trade sanctions in respect of goods originating in Crimea or Sevastopol and on the provision of financing or financial assistance, insurance and reinsurance, related to the import of such goods

At their recent meetings your Boards received reports on matters of importance for the business activities of Gard P. & I. (Bermuda) Ltd and Assuranceforeningen Gard - gjensidig (the “Associations”) and were pleased to note that the financial position of the Associations had strengthened further.

Members are referred to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by the 2002 Protocol (the “Convention”), together with the 2006 IMO Reservation and Guidelines for Implementation of the Convention covering war risks.

GUARDCON West Africa is approved by all of the International Group clubs. It will provide contract certainty and make it simpler and quicker for shipowners to put in place appropriate security arrangements when trading in the high risk areas off West Africa.

OFAC has advised that it is not presently able to confirm whether the insurance cover provided in respect of liabilities arising during the six month period will be prohibited from responding after 20 July 2014 and clubs should proceed on the basis that beyond 20 July 2014, clubs will not be able to respond to any claims presented in respect of liabilities arising during the 20 January/20 July suspension period.

Further to our member circular no. 21/2013, and the fact that the terms of the enrolment agreement do not conform with the International Group Guidelines on Vessel Response Plans, we have been informed that a further change will be made to the enrolment agreement to make specific reference to Alaska Chadux in tick box 3.   

A new iron ore fines (IOF) Schedule to the International Maritime Solid Bulk Cargoes (IMSBC) Code governing the carriage of IOF by sea, and an amended iron ore Schedule, were agreed at the IMO DSC 18 meeting in September 2013, subject to final approval by the IMO Maritime Safety Committee at its 95^th session in 2015.

Members are reminded that the US Non-Tank Vessel Response Plan (NTVRP) final rule will come into force on 30 January 2014.  Despite an approach by the International Group, amongst others, requesting an extension to the deadline, the US Coast Guard (USCG) has stated that there will be no extension of the deadline.

This Circular addresses the anticipated changes in EU and US sanctions measures relating principally to transportation and insurance of oil, petroleum and petrochemical cargoes from Iran. The anticipated measures will have effect from Monday 20 January once the International Atomic Energy Agency (IAEA) has confirmed that Iran complies with the nuclear measures in the Joint Plan of Action (JPoA) set out in annex 1 to this Circular.

This circular outlines amendments to the Rules for P&I cover for Mobile Offshore Units (Rules for MOUs) of both Assuranceforeningen Gard - gjensidig - and Gard P. & I. (Bermuda) Ltd which will enter into force at noon GMT on 20 February 2014.

This circular outlines amendments to the Rules for Ships of both Assuranceforeningen Gard - gjensidig - and Gard P. & I. (Bermuda) Ltd, which will enter into force at noon GMT on 20 February 2014.

Reinsurance arrangements for the 2014 policy year for P&I entries with Gard P. & I. (Bermuda) Ltd and Assuranceforeningen Gard - gjensidig -

As stated in Circular 13/2013 every tank vessel and every other vessel over 300 gt is required under State law to file a contingency plan prior to entry into the waters of Washington State and that instead of filing his own plan an owner can subscribe to an umbrella oil spill contingency plan. 

The second issuance of the US VGP, the first issuance of which entered into force on 19 December 2008, will become effective on 19 December 2013 for a period of five years and will supersede the first VGP.