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Holland Knight News

21 Feb 2024

BIMCO Publishes Quiet Enjoyment Letters

© Gajus / Adobe Stock

BIMCO has published two standard Quiet Enjoyment Letters (QELs), the first standard form QELs available to the industry, to offer a tool that can ensure the charterers’ uninterrupted use of a ship if the owner defaults under the financing facility. The QELs will be provided by the lender to the charterer to ensure that the charterer, who does not have a contractual relationship with the lender but only with the owner, can continue to “quietly enjoy” the ship in case of the owner’s default.

30 Apr 2021

Mexican Yard Services US-sanctioned Tankers that Carry Venezuelan Oil

Three Cuban-flagged tankers that are under U.S. sanctions for transporting Venezuelan oil to the Communist-run island have been serviced in the port of Veracruz on Mexico's Gulf coast, according to vessel tracking data and industry sources.The maintenance work on the vessels—one of which was serviced as recently as this month—is a potential breach of sanctions on Venezuela, two lawyers who specialize in U.S. sanctions said.However, the United States has in the past not brought enforcement actions against shipyards for doing work on blacklisted vessels from those countries, according to U.S. Treasury Department data.Under U.S. law, companies and individuals are prohibited from materially assisting sanctioned entities.

16 Jan 2015

US Revises Cuba Sanctions Regulations

The U.S. Treasury Department, Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce Bureau of Industry and Security (BIS) has publish revised Cuba sanctions regulations opening trade with Cuba for the first time in decades. Those changes, issued January 16, 2015, are the first step in moving toward normal relations with Cuba. The revised regulations ease certain limitations on travel to Cuba and certain associated services (e.g., insurance services), broaden exports and imports, and make financial transactions related to authorized transactions easier. The biggest impacts appear to be in travel, telecommunications, financial services and exports to the Cuban private sector. A pre-release of the revised regulations from the U.S.

22 Jul 2013

Shipping Registries and Piracy Response

Brad Berman, ship finance and registry lawyer,  Partner at Holland & Knight (H&K)

International shipping registries have continued to sharpen their aim taken at a longstanding maritime problem: What is the appropriate response to piracy? As attacks have shifted from Somalia to West Africa, the issue remains at top of mind. Armed guards have proven to be a successful deterrent against attacks. Ship finance and registry lawyer Brad Berman, a Partner at Holland & Knight (H&K), sums up a sea change in views over the past year in views about guns aboard ships, telling Maritime Reporter: “A few years ago most of the shipping industry was against having weapons aboard…

20 Feb 2013

Pacific Drilling Gets Funding for Two Drillships

Pacific Drilling S.A. sign a $1 billion senior secured credit facility agreement to finance construction of the Pacific Sharav & Pacific Meltem. The term loan made pursuant to the credit facility will have a maturity of 5 years from the delivery date of the Pacific Meltem. A portion of the funding will be provided before delivery of the vessels, with all drawdowns from the facility subject to satisfaction of customary conditions precedent. The transaction was led and structured by Citibank and DNB, and supported by the Norwegian export credit agencies Garanti-Instituttet for Eksportkreditt (GIEK) and Eksportkreditt Norge AS. Also acting as Mandated Lead Arrangers were ABN AMRO, ING, SEB and Standard Chartered Bank.

29 Apr 2011

Brad L. Berman Joins Holland and Knight as Partner

New York City – April 29, 2011 – Holland & Knight is pleased to announce that Brad L. Berman has joined the firm as Partner in the firm's New York City office. Prior to joining Holland & Knight, Berman served as Executive Director of the Liberian International Ship & Corporate Registry (LISCR), the world's second largest ship registry and 60+ year old corporate registry, where he oversaw all aspects of the Liberian corporate and shipping program, including corporate and other entity formation, and ship registration and mortgaging.

18 Jan 2011

New York Shipping Conference: The New Normal

Examining key industry drivers is the focus of the 17th annual Hellenic-American and Norwegian-American Chambers of Commerce annual conference, often called the New York Shipping Conference. Entitled “Challenges & Opportunities for the Shipping Industry: Is There a New Normal?” the conference will present the macro shipping and economic overview, the impact of increasing environmental regulation on the shipping market, the availability of capital and its many forms, the growing influence of China and India on Shipping, and shipowners’ points of view. The event will be held on Tuesday, February 8th at the Waldorf-Astoria (a new venue for this event) starting at 0815 with conference registration and coffee.

26 Jan 2010

Large Marine Engine Standards Finalized

By Vincent J. Foley- New York and Patricia L. "Pat" Goughan- San Francisco, of Holland & Knight. On December 22, 2009, the U.S. Environmental Protection Agency (EPA) announced that it had finalized the new emission and fuel standards for Category 3 marine diesel engines proposed last summer. Because they have been harmonized to the October 2008 amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL), the new standards also will apply to non-U.S. vessels in U.S. waters once the U.S.-Canadian application to the International Maritime Organization (IMO) for an amendment to MARPOL Annex VI is approved. The amendment would designate an area up to 200 nautical miles off the U.S. coast as an emissions control area (ECA).

21 Jul 2009

Vessel Pollution Prosecutions – A New Twist

Vincent J. Foley

By Vincent J. Foley- New York and John S. On July 15, 2009, the U.S. Department of Justice announced that the Captain and Chief Officer of a foreign vessel pled guilty in the Eastern District of Louisiana (New Orleans) to charges that included not only the Act to Prevent Pollution from Ships (APPS), False Statements and Obstruction of Justice; but also failure to notify the Coast Guard of hazardous conditions and charges related to presentation of false or incomplete ballast tank reports.

26 Feb 2009

Proposed Changes, Alaska Pilotage Regs

The Alaska Board of Marine Pilots issued a second supplemental notice of proposed changes to the state pilotage regulations.  These proposed changes, like the earlier versions, would extend the compulsory pilotage requirement in Arctic waters well outside the three-mile territorial waters of Alaska.  Comments on the proposal should be submitted by March 27.  (2/18/09) (Source: Holland & Knight)

19 Feb 2009

Singapore Addresses Fight Against Piracy

The Singapore Ministry of Defence released the speech delivered by Minister for Defence Teo Chee Hean at a recent conference.  He stated, among other things, that he expects piracy in the Straits of Malacca to increase due to the declining economic situation.  He also announced the Singapore will be deploying a Landing Tank Ship with two helicopters to assist in combating piracy in the Gulf of Aden. (2/12/09). (Source: Holland & Knight)

19 Feb 2009

Passenger Weight Standards Extension

The US Coast Guard has extended, until March 20, the period in which to submit comments on its proposed rulemaking on regulations governing the stability of passenger vessels and the maximum number of passengers that may safely be permitted on board a vessel.  74 Fed. Reg. 7576  (February 18, 2009). (Source: Holland & Knight)

19 Feb 2009

Bill, Portable Electronic for Pilots

Representative Tauscher (D-CA) introduced a bill (H.R. 1100) to authorize the Commandant of the Coast Guard to issue regulations that require certain pilots on vessels operating in designated waters to carry and utilize a portable electronic device equipped for navigational purposes, and for other purposes. (2/14/09). (Source: Holland & Knight)

19 Feb 2009

MARAD Small Shipyard Grants

The Maritime Administration (MARAD) issued a notice announcing $9.8m in grants to small US shipyards.  The grants are to be used for capital improvements and related infrastructure improvements at qualified shipyards that facilitate the efficiency, cost-effectiveness, and quality of domestic ship construction for commercial and federal government use. (2/17/09). (Source: Holland & Knight)

13 Feb 2009

Feeder Ports for Marine Inspector Training

The US Coast Guard issued an ALCOAST (All Coast Guard Message) designating 18 Sectors and Marine Safety Units as “Feeder Ports” to be utilized for training of new marine safety and security personnel.  The designation recognizes that these units have a sufficiently diverse workload and volume to allow for training in at least four of the 17 marine inspection and port state control examination competencies, as well as sufficient experienced staff to provide mentoring. (2/11/09). (Source: Holland & Knight)

13 Feb 2009

Legal Alert, Maintaining an Oil Record Book

Chris Myers, John Rowley, and John Irving of the Holland & Knight firm have authored a Client Alert on the recent decision of the US Court of Appeals for the Second Circuit rejecting a challenge to vicarious corporate criminal liability. The case involved the criminal prosecution of a ship owner/operator for failure to properly maintain an oil record book (ORB) as required by Coast Guard regulations. Members of the engineering department on the ship had utilized a by-pass pipe to route oily wastewater directly into the ocean. The ORB was falsified to omit this activity. The owner/operator contended that its policies prohibited such activity and that the government should be required to prove that the company did not have an effective compliance program.

13 Feb 2009

MCA’s Response to Fleet Growth

The UK National Audit Office (NAO) released its audit of the response of the Maritime and Coastguard Agency (MCA) to the rapid growth of the UK merchant fleet.  The MCA managed the growth reasonably well, but the overall quality of ships operating under the British flag has declined.  The MCA delegated more survey work to classification societies.  Certification and survey fees have not covered costs. (2/11/09). (Source: Holland & Knight)

06 Feb 2009

Policy on Prevention of Air Pollution

The US Coast Guard issued guidelines for ensuring compliance with MARPOL Annex VI on the prevention of air pollution from ships.  MARPOL Annex VI entered into force for the United States on January 8.  Coast Guard field units are directed to enforce the provisions of Annex VI against all pertinent US vessels and all foreign calling in US waters.  CG-543 Policy Letter 09-01 (February 4, 2009). (Source: Holland & Knight)

06 Feb 2009

Report on 2007 Passenger Cessel Grounding

The National Transportation Safety Board (NTSB) released its full report on the grounding of a passenger vessel at the intersection of Lynn Canal and icy Strait in Southeast Alaska on May 14, 2007.  Factors leading to this casualty included the master’s decision to put an inexperienced third mate on watch without supervision or guidance and poor watchkeeping procedures.  It was noted that the ship’s voyage data recorder (VDR) recorded some, but not all, of the required parameters.  MAR-08/02 (2/4/09). (Source: Holland & Knight)

06 Feb 2009

Black Sea Boundary Delimitation

The International Court of Justice (ICJ) issued its decision in the maritime boundary dispute between Romania and Ukraine.  The parties have disagreed over the boundaries of their respective continental shelves and exclusive economic zones in the Black Sea to the south and east of Serpents’ Island since the Ukraine became independent.  The ICJ basically split the difference between the contending claims.  Romania v. Ukraine, General List No. 132 (ICJ, 3 February 2009). (Source: Holland & Knight)

09 Feb 2009

Export Privileges Denied to Iranian Co.

The U.S. Bureau of Industry and Security (BIS) issued an order temporarily denying export privileges to the Islamic Republic of Iran Shipping Lines, as well as two related companies.  The order relies on evidence that the parties are about to engage in conduct prohibited by the Export Administration Regulations by re-exporting US-origin items.  Specifically, it appears that the parties are planning to re-export from South Africa a Bladerunner 51 powerboat, known as the Bradstone Challenger, for use by the Iranian Revolutionary Guard Corps.  Under the Order, no person subject to the jurisdiction of the United States may take any action that facilitates this re-exportation.  74 Fed. Reg. 6265  (February 6, 2009). (Source: Holland & Knight)

11 Feb 2009

Segregated Ballast Tanks of Oil Tankers

The IMO issued a circular providing guidance on implementation of Assembly Resolution A.747(18) on application of tonnage measurement of segregated ballast tanks in oil tankers.  MSC.1/Circ.1300 (9 January 2009).   (Source: Holland & Knight)

13 Feb 2009

Report on Blackout and Grounding

The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation into the electrical blackout and subsequent grounding of a ro-ro cargo ship in Warrenpoint Harbor, Northern Ireland on 29 June 2008.  The circumstances were highly confused and caused largely by a long series of failures to communicate.  The ship’s management system in general and its safety management system in particular seem to have broken down.  Report No. 5/2009 (2/10/09). (Source: Holland & Knight)