Holland Knight Llp News

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.

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.

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.

Today, October 15, 2008, the US Coast Guard will commence enforcement of the Transportation Worker Identification Credential (TWIC) rules for regulated facilities in Captain of the Port (COTP) Zones Northern New England, , and . If you work at or intend to visit regulated marine facilities in these COTP Zones, bring your TWIC card. (Source: Holland & Knight LLP)

Legislation has been favorably reported out of the Senate Committee in Commerce, Science, and Transportation that would, if enacted, constitute the first official steps by the federal government to come to grips with biofouling of the hulls of ships. The Ballast Water Management Act of 2007 (S. 1578) would, among other things, require the U.S. Coast Guard to conduct a study of vessel-borne vectors (other than ballast water and sediment), specifically including vessel hulls, anchors, and equipment.

On February 5, the US Coast Guard promulgated its long-awaited proposal for updating the Certificate of Financial Responsibility (COFR) program. Owners and operators of vessels over 300 gross tons operating in United States waters have been required to provide evidence of financial responsibility to respond to oil spills from their vessels since 1972. The program was significantly broadened with enactment of the Oil Pollution Act of 1990 (OPA 90), which increased the categories of damages for which oil spill liability could attach.

Holland & Knight LLP issued a Maritime Alert advising clients of the recent amendment of the Oil Pollution Act of 1990 (OPA 90) that substantially ameliorates the risk of oil pollution liability for financial lessors. A copy of the Maritime Alert may be obtained from Nancy Hengen, Partner, New York Office [1-212-513-3255 and [email protected] ].

Traffic at UK ports rose by one per cent in 2000 to reach a record 573 million tonnes (Mt), according to a report, Maritime Statistics 2000, issued today by the Department for Transport Local Government and the Regions. The report says that at the end of 2000, UK companies owned 624 trading vessels of 100 gross tons and over with a tonnage of 10.5 million deadweight tonnes. This is 46 per cent higher than a year earlier, reversing previous declines in UK company owned tonnage. · Inwards traffic rose by 9 Mt (three per cent) to 316 Mt, while outwards traffic fell by 2 Mt (one per cent) to 257 Mt. · Traffic at the major ports (generally those with at least one Mt of cargo) totalled 556 Mt, accounting for 97 per cent of all UK port traffic in 2000.

The U.S. Customs Service issued a Notice stating that it has introduced the Trade Partnerships Against Terrorism (TPAT) initiative. The goal is to engage the trade community (including exporters, importers, and carriers) in a cooperative relationship to fight terrorism by exchanging anti-terrorism ideas, concepts, and information. Those in the business community should review their entire logistics chain and incorporate sound security principles to reduce their exposure to product and conveyance tampering. Failure to do so will necessitate Customs to classify the importer or carrier into an ‘unknown category’ resulting in higher scrutiny, increased reviews and audits, added examinations, requests for more information, and no guarantee of processing times. Source: Holland & Knight LLP

Many in the maritime industry are beginning to view the oil record book as a signed confession. The number of prosecutions in the United States for fraudulent entries in oil record books is rising exponentially and fines have recently skyrocketed. In the years 1998 through 2001, research has revealed one prosecution in each year for oil record book violations. In 2002, there were seven prosecutions - and four of those were against individual chief engineers. In 2003, nine prosecutions, four of which were again against individual chief engineers. Through the middle of August 2004, there have been seven prosecutions, and only two were directed at individual chief engineers. Criminal fines to date have totaled $52,285,000.

The U.S. Department of Homeland Security recently released its draft White Paper on a National Cargo Security Strategy. The Department is seeking stakeholder feedback. The White Paper is a long-belated and somewhat half-hearted attempt to mend fences and appear to be moving forward, while expending little new capital. The paper runs on for nine pages, offering no new ideas and making few commitments. It has the appearance of an uneasy political compromise between feuding federal agencies. The one clear commitment is found on page eight, where it says the Department “will, as a short-term step, mandate the use of high security mechanical seals on all in-bound containers.” There is, as yet, no official government standard as to what constitutes a high security mechanical seal.

Holland & Knight Partners James T. Shirley, Jr. and Brian D. Starer have been selected for The Best Lawyers in America 2005-2006 (Copyright 2004 by Woodward/White, Inc., of Aiken, S.C.) a publication widely regarded as the definitive legal referral guide in the United States. As a follow up to their bi-annual survey in which 16,000 leading attorneys are asked to cast votes on the legal abilities of their colleagues, Best Lawyers in America recently conducted a special telephone poll of the New York City legal community. This new poll identified Shirley and Starer as top maritime lawyers in the U.S. They join colleagues Randolph DelFranco…

The U.S. Coast Guard recently issued interim guidance for the development and review of oil spill response plans for nontank vessels. Since 1993, tank vessels have carried oil spill response plans. A recent legislative change will soon mandate similar response plans for most other ships. The problem is that the legislation requires nontank vessels to have the response plans sooner than the Coast Guard can promulgate regulations in accordance with standard procedures. Thus, the agency is unofficially advising stakeholders on how to comply with the legislation. Stakeholders will ignore the unofficial advice at their peril. The legislation has real teeth.

Dennis L. The concepts of quarantine and isolation lie at the juncture of medicine, law, and public safety. When these concepts intersect with the maritime community, things quickly get both interesting and complicated. Quarantine and isolation have been invoked in cases of communicable diseases throughout human history. Special treatment of lepers is mentioned in the Bible. During the middle ages, the Venetians required ships arriving from suspect areas to anchor out of port for 40 days, based on the assumption that any disease on board would run its course during that time. Modern quarantine and isolation are more sophisticated, but only slightly.

The U.S. District Court for Southern District of New York ruled that the cause of the December 14, 2002 collision between the container ship KARIBA and the ro-ro car carrier TRICOLOR in the English Channel was the sole and exclusive fault of the KARIBA. In its decision, the court stated: “In short, it was not the Tricolor’s or Clary’s failure to act that was the cause; rather, the sole and exclusive cause of the collision was the Kariba’s turn to starboard.” The TRICOLOR and its owners were ably represented by lead counsel Chester D. Hooper, a partner in the firm of Holland & Knight LLP. In re Otal Investments Ltd , 03 Civ 4304 Source: HK Law

Holland & Knight LLP and Ecology and Environment, Inc. are co-hosting a free, half-day seminar on January 16, 2003 at the New York Yacht Club entitled "How to Implement Your Offshore Natural Gas Terminal.” The seminar will focus on the recent amendment to the U.S. Deepwater Port Act (DWPA). The featured speaker will be Captain Michael Brown, USCG, Chief, Vessel and Facility Operating Standards Division at U.S. Coast Guard Headquarters. Other speakers will address legal issues; financing options; siting, permitting, and environmental concerns; and the role of classification societies.

Several Additions have been made to the Transportation Security Administration’s (TSA) management team. VADM John Shkor, USCG (ret.) has been named TSA chief operating officer and associate administrator. Carol DiBattiste, partner at the law firm of Holland & Knight LLP, has been named TSA chief of staff.

William J. Honan was appointed executive partner of the N.Y. office of Holland & Knight LLP, effective October 1, 1999. As executive partner, Honan will focus on the continued growth of the N.Y. office, as well as the ongoing expansion of the firm into new practice areas.