UK CLUB Archives - SHIP IP LTD

uk-p-i-club_98910.png

Source: British Ports Association, 2020-05-20

The British Ports Association (BPA) has today published an economic recovery plan for government that highlights how investment in ports can play a part in the UK’s healing from the deepest economic shock in living memory. Included in the proposals are a Green Maritime Fund to drive sustainable development and help stimulate growth consistent with Net Zero aims. A key message is to energise our ports by igniting their potential to fire up the economy.

The document outlines a framework for recovery, providing government with ideas on how to unlock the untapped potential of UK ports to drive growth; supporting a recovery process that brings all of the regions of the UK along with it – to create a stronger Britain than ever before. It focuses on three key areas to kick start economic activity:

  • Continued medium-term cash flow and business support
  • A massive scaling up of the UK’s infrastructure ambitions including a Green Maritime Fund for sustainable development
  • A bold and broad-based inclusive Freeports and fast track planing policy

Divided into short, medium and long-term initiatives, the plan outlines how government can utilise ports and the wider maritime industry, not only to administer first aid to the economy in its first steps towards recovery but to prevent economic aftershocks and stimulate growth for years to come. This plan is for 2020 and beyond.

Commenting, Richard Ballantyne, Chief Executive at the British Ports Association said “The Covid-19 crisis has been unprecedented in both the speed at which it has hit and the depth. Many ports have seen significant drops in volumes in activity which were impossible to predict and the impact is likely to be felt over the medium-term as the health crisis eases but the economic impact bites.

Ports are key national and regional hubs for economic activity and jobs. However collected by the BPA shows that just 36% of our ports feel confident about their business outlook over the next 12 months so we need Government to fan the flames of their potential to spark wider economic benefits. Help ports and you help the country.

The BPA is, therefore, proposing the following three packages; Continued medium-term cash flow and business support; a massive scaling up of the UK’s infrastructure ambitions; and a bold and broad-based Freeports policy and port zoning strategy. We are promoting a Green Maritime Fund to provide a pro Net Zero development and growth agenda.

These packages offer a path to prosperity in the long-term while promoting sustainable growth and helping ports to realise their potential in what is likely to be the most challenging economic climate for a generation. Ports have the ambition to lead the country to a new future.

A key message is that we want energise our ports by igniting their potential to fire up the economy. Let’s make it happen.”

1. Continued medium-term cash flow and business support

According to data collected by the BPA, 86% of ports have seen either substantial or severe impacts on shipping and customer activities. However, ports are not only seeing a vast impact on their commercial activity but facing requests for assistance to help keep port users afloat too. Furthermore, 32% of ports are now concerned about borrowings and banking covenants. The government must, therefore, support investment and cash flow in the short-term.

Measures outlined within the plan including a government factoring service. This would allow ports and other businesses to raise funds in the short term. The BPA also highlights how a deferral of business rates backed by central Government would also free up capital to help cash flow.

Looking ahead, the BPA is asking government to support skills development to ensure retaining and developing people is not a cost burden.

2. A massive scaling up of the UK’s infrastructure ambitions

Without a doubt, investment in infrastructure will play a fundamental role in securing the UK’s future prosperity. Infrastructure investments are entirely cost-effective; when money is channelled into infrastructure, returns to the economy are multiplied. Measures outlined within the plan include a UK Infrastructure Bank and a Green Maritime Fund.

The BPA welcomes government’s sustainability objectives but stresses that significant investment will be required to achieve these targets. The BPA is, therefore, proposing government adopts a Green Maritime Fund, to unlock capital, aid the growth of the sector while also taking steps towards the Government’s most critical long-term policy aims. The BPA will also shortly be publishing a paper that explores how to overcome the barriers to ship-to-shore power.

3. A bold and broad-based inclusive Freeports policy

The UK government is in the process of developing a UK-wide strategy on Freeports, and the BPA will be outlining our views further within our response to the consultation. However, we have identified several imperative conditions of the UK Freeport model to unlock the untapped potential of the UK’s coastal communities – leaving no region behind through this process – by drawing investment into manufacturing and logistics

We urge the government not to limit its ambition to the previously suggested 10 site proposals as there is a real danger of the leaving some regions behind by limiting the scope. We also ask that government reclassifies ‘port zones’ with improved planning, fiscal and regulatory status.

DOWNLOAD REPORT HERE


uk-p-i-club_98910.png

The Loss Prevention team at UK P&I Club has launched a new series of Risk Awareness guides which identify the myriad risks and threats onboard, and the controls that can be implemented to mitigate them.

The series of guides are being released over the course of 2020 and will cover a vast range of vessel types, including tankers, bulk carriers, containerships and passenger vessels.

The first in the series ‘Risk Awareness – Bulk Carriers, General Cargo & Reefers’ , an aid to risk identification and loss reduction, was recently published and identifies the common risks posed to these vessel types and methods to avoid or minimise them.

The guide provides a colour coded checklist to denote the various elements in the risk awareness process:

  • Threat – a variable that if not controlled could cause a P&I incident
  • Consequence – the monetary cost to the Club or Member
  • Control – measures which reduces the possibility of a ‘threat’ causing an incident

The series of guides provide the ‘controls’ and key points the UK Club’s Risk Assessors look for when inspecting a vessel and allows all Members to carry out similar checks on the ‘threats’ and ‘controls’ to make sure all vessels have a good risk profile. Each guide in the Risk Assessment series deals with an area of risk, whether it is personal injury, collision, pollution and each area is sub-divided into ‘threats’, ‘consequences’ and ‘controls’.

The first guide on Cargo Claims looks at threats including wet damage, cargo securing, theft, cargo temperature, contamination/infestation, ventilation and fire damage. Once scores have been attributed to these threats, controls such as damage limitation and emergency procedures, as well as the adequacy of emergency equipment and record keeping checklists are provided to mitigate claims.  The guides aim to provide ‘controls’ to ensure ‘threats’ are contained and ‘incidents’ do not happen.

UK P&I Club operates a full-time, worldwide loss prevention team, servicing its Members and wider maritime industry through proactive and inclusive loss prevention support. The team provides technical and operational advice as well as participating in crew seminars and training days.

To download the first Risk Assessment guide in the series, please visit: https://www.ukpandi.com/loss-prevention/article/risk-awareness-bulk-carriers-general-carriers-reefers-151818/


uk-p-i-club_98910.png

OUTLINE

  • PdVsA has been made a target of U.S. sanctions and added to the OFAC SDN list.
  • A number of General Licences have been issued with authorisations of varying duration to allow U.S. persons to wind down existing business with PdVSA or its subsidiaries.
  • FAQs issued by OFAC suggest (but do not explicitly confirm) that non-U.S. persons may continue to do business with PdVSA and its subsidiaries without risk of sanctions provided that restrictions on U.S. persons are observed.
  • Members are therefore recommended to exercise caution in dealings with PdVSA and subsidiaries, and to take legal advice if in any doubt as to whether any proposed transactions may incur a risk of U.S. sanctions.

TO THE MEMBERS

VENEZUELAN SANCTIONS – DESIGNATIONS AGAINST PDVSA

Executive Order 13857 dated 25th January 2019, published by the U.S.Department of the Treasury’s Office of Foreign Assets Control (OFAC), amends several previous Executive Orders to include Petroleos deVenezuela, S.A. (PdVSA) within the meaning of “Government of Venezuela”, thereby making PdVSA a sanctions target. PdVSA has also been added to the OFAC SDN list with effect from 28th January 2019.

Alongside the Executive Order, a number of general licenses have been issued, to authorise U.S. persons (both individuals and entities) to wind down or continue commercial activities relating to PdVSA and its subsidiaries, but requiring in some cases that payments can only be made to blocked accounts which PdVSA cannot access.

The following licenses,which it should be noted contain authorisations of varying lengths of validity,may be of particular relevance to Members who have business with PdVSA or its subsidiaries:

General License 7 – authorises (a) up to 27 July 2019, transactions and activities involving PDV Holding Inc (PDVH),CITGO Holding Inc. and their subsidiaries; (b) up to 28 April 2019, PDVH,CITGO Holding Inc. and their subsidiaries to engage in transactions and activities ordinarily incident and necessary to the purchase and importation of petroleum and petroleum products from PdVSA.

General License 8 – authorises up to 27 July 2019, all transactions and activities ordinarily incident and necessary to the operations inVenezuela involving PdVSA or its subsidiaries for: Chevron Corporation, Halliburton, Schlumberger Limited, Baker Hughes, andWeatherford International.

General License 11 – authorises up to 29 March 2019 (a) U.S. person employees and contractors of non-U.S. entities located outside of the U.S. andVenezuela to engage in all transactions and activities that are ordinarily incident and necessary to the maintenance or wind down of operations, contracts, or other agreements involving PdVSA and its subsidiaries, and (b) U.S. Financial institutions to reject funds transfers involving PdVSA and non-U.S. entities located outside of the U.S. orVenezuela.The GL expressly prohibits dealings with ALBA de Nicaragua (ALBANISA).

General License 12 – authorises (a) up to 28 April 2019, all transactions and activities ordinarily incident and necessary to the purchase and import into the United States of petroleum and petroleum products from PdVSA or its subsidiaries, and (b) up to 28 February 2019, all transactions ordinarily incidental and necessary to the wind down of operations, contracts, or other agreements, including the importation into the United States of goods, services, or technology not authorised under (a) involving PdVSA or its subsidiaries.

General License 13 – authorises up to 27 July 2019, all transactions where the only PdVSA entities involved are Nynas AB or any of its subsidiaries.

New FAQs providing guidance on the interpretation of the relevant Executive Orders and the General Licences have been published on the OFAC website with effect from 31 January 2019.

FAQ 657, set out below, addresses questions that may be of interest to Members who are non-U.S. persons involved in trade with PdVSA.

657. I am a non-U.S. entity that purchases petroleum and petroleum products from Petróleos deVenezuela, S.A. (PdVSA) or an entity in which PdVSA owns, directly or indirectly, a 50 percent or greater interest.Am I now prohibited from purchasing petroleum and petroleum products from these companies?

Transactions to purchase petroleum and petroleum products from PdVSA or any entity in which PdVSA owns, directly or indirectly, a 50 percent or greater interest, and that involve U.S. persons or any other U.S. nexus (e.g., transactions involving the U.S. financial system or U.S. commodity brokers) must be wound down byApril 28, 2019 pursuant toVenezuela-related General License 12. In addition, under General License 11,U.S. person employees and contractors of non-U.S. companies located in a country other the United States orVenezuela are authorized to engage in certain maintenance or wind-down transactions with PdVSA, or any entity in which PdVSA owns, directly or indirectly, a 50 percent or greater interest, through 12:01 a.m. eastern daylight time,March 29, 2019. (See FAQ 654.) [01-31-2019]

Members may note that the answer in FAQ 657 suggests, but does not explicitly say, that non-U.S. entities may continue to purchase petroleum and petroleum products from PdVSA and its subsidiaries, provided that restrictions on U.S. entities are observed.

FAQ 657 does not, however, address the effect of Section 1 (a) (iii) of EO 13850 which provides for the blocking of all property in the U.S. of “any person” (not limited to U.S. persons) who is determined – “to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of … any person whose property and interests in property are blocked pursuant to this order.”

The Club’s legal counsel has therefore been asked whether a non-U.S. shipowner who provides ocean transportation for PdVSA would be at risk of being regarded as providing services in support of a blocked person. The Club’s legal counsel considers it unlikely that the U.S. intends to target non-U.S. persons, bearing in mind the absence of any explicit prohibition on PdVSA shipments to third countries and an absence of wind-down licenses for such shipments. It is also considered significant that there are no specific secondary sanctions directed against insurance of targeted trades or activities.

Members are nevertheless reminded that cover remains subject to the Club’s Rule 5V which would exclude the right of recovery from the Club in circumstances where such recovery may expose the Club to a sanction or other adverse action by a competent authority or government. Members who have trading relationships with PdVSA or its subsidiaries and who could potentially be affected by the sanctions are therefore recommended to exercise caution in their dealings with PdVSA or its subsidiaries and to take legal advice on proposed trades until the situation becomes clearer.

SOURCE READ FULL ARTICLE


Twitter

@AnyawbSales - 7 months

INDIA TO BAN SINGLE USE PLASTIC ON ALL CALLING SHIPS

@AnyawbSales - 1 year

SQEXpress maritime electronic sms forms platform just released

Photo Gallery

https://www.instagram.com/p/BatcssbnSgk/https://www.instagram.com/p/BJzdwtGgh4v/https://www.instagram.com/p/BGO4t61PyVg/https://www.instagram.com/p/BGG80Upvyfs/https://www.instagram.com/p/BGG8nnCvyfX/https://www.instagram.com/p/BGG8XW4vye2/https://www.instagram.com/p/BGG8QKPPyen/