Marine Link
Sunday, March 26, 2017

USCG Revises Model Maritime Service Code

The U.S. Coast Guard announced on May 18 the publication of an updated and revised Model Maritime Service Code designed to assist countries seeking guidance in developing effective maritime forces with corresponding authorities. The Model Maritime Service Code, primarily based on some of the laws and directives of the United States Coast Guard, provides a structure that endeavors to ensure the economy of forces and unity of effort necessary to address the spectrum of issues a maritime country may face. The code provides the legal framework to address emerging maritime safety and security concerns, including the protection of mariner rights and the effective flow of global commerce, pollution prevention, protection of living marine resources and preservation of the marine environment.

Despite Sanctions Relief, Shell Still Cool on Iranian Oil Buys

Royal Dutch Shell has bought only three cargoes of Iranian oil since sanctions were eased a year ago, a small fraction of what it used to buy and an indication of the legal difficulties and high prices that still hamper the trade. The Anglo-Dutch firm did not give a reason for the drop in purchases, which were disclosed in its annual report, and the company declined to comment further. But oil trading sources say Iranian oil is often too expensive and in any case remaining sanctions make dealing with the Islamic Republic a legal minefield. As an example of sanctions-related difficulties, Shell's filings showed it had to disclose payments of only a few hundred dollars when its employees bought tickets with Iranian airlines.

Mead Promoted at Crowley

Crowley Maritime promoted Art Mead to Senior Vice President and General Counsel effective January 1. He will remain in Jacksonville and will report to Bill Pennella, Crowley's Vice Chairman and Executive Vice President. Mead will have corporate wide responsibility for all legal matters. As general counsel, Mead ensures that the business practices, policies and dealings of the corporation and its affiliates meet regulatory requirements protecting Crowley from adverse legal action. Additionally, Mead will direct legal actions for, and manage the defense of claims against Crowley and also interpret and prepare legal documents. Mead will join Crowley's Management Team and provide counsel to management on legal matters.

OMSA to Host Legal Forum

The Offshore Marine Service Association will hold the 2nd annual OMSA Legal Forum on Thursday, November 15 at the Hilton New Orleans - St. Charles Avenue Hotel. This event is a practical common-sense look at the legal issues facing the offshore workboat sector. Some of the topics will include a look at shipyard contracts from both the vessel owner and the shipyard’s perspective, the impact of the proposed Coast Guard medical fitness for duty standards and case studies of offshore collisions involving both vessels and rigs. The forum will also feature speakers from the U.S. Coast Guard who will talk about new policies that affect the offshore industry and private investigators who will talk about using surveillance techniques to bolster a legal case.

PD Ports Appoints Legal Contracts Manager

PD Ports recently appointed Deborah McGargle as legal contracts manager, based at the Port’s Queen’s Square headquarters in Middlesbrough. McGargle, who joined PD Ports on February 17, has extensive experience in both the legal profession and within the industry, most notably with Siemens plc in South Tyneside, where she was legal advisor and company secretary.

Maersk Legal Department Applies Lean Methodologies

IQPC Exchange interviewed the General Counsel of Maersk Line, Martin Clausen, to find out how the legal department of the largest container ship operator in the world has utilised lean methodologies, and what impact this is having on productivity. Martin's team has implemented a number of systems and methods and is planning to expand these in the future. One of the key tools they have applied so far is a visual management system. The team has also done work observations to investigate how their legal executives currently work, offer tips on how to improve their processes and identify training needs. The next stage planned for the legal department is a Gemba observation, which is a workplace observation technique used in Lean theory.

Wiswall Receives International Maritime Prize

Dr. Frank Lawrence Wiswall Junior (Photo: IMO)

Maritime lawyer Dr. Frank Lawrence Wiswall Junior, former Chair of the International Maritime Organization (IMO) Legal Committee and Vice President (Honoris Causa) of the Comité Maritime International (CMI), has received the International Maritime Prize for 2015 for his contribution to the work of IMO over many years. Presenting the Prize, during a ceremony at IMO Headquarters on Monday, December 5, IMO Secretary-General Kitack Lim highlighted Dr. Wiswall's dedication and leadership in the field of international maritime law over several decades…

Security Tops IMO Agenda

Headquarters, London, April 22 - 26). the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation(SUA Convention) and its related Protocol. Convention for the Suppression of Terrorist Bombings (STB Convention). discussed are proposals to incorporate a number of additional offences into the SUA Convention. define the terms "ownership" and "control" of ships in the context of maritime security. that many IMO instruments place responsibilities on the shipowner. continued efficiency of commercial navigation. also expected to examine a draft protocol to establish a voluntary third tier of compensation for oil pollution victims, supplementary to the International Oil Pollution Compensation (IOPC) Fund Convention, 1992.

Conference on Legal Issues Relating to Shipping

Hinode Maritime Events informed that it is organizing a "Conference on Legal issues relating to Shipping". It is scheduled to be held on Tuesday, March 10, 2015 in the Centrum, Center One, World Trade Center, Cuffe Parade, Mumbai. The Conference will offer opportunity to delegates at the forum to discuss legal issues pertaining to shipping and will see ship owners, ship agencies, shippers, insurers, maritime law fraternity, port authorities and other maritime interests who have already registered. Recent legal developments and case studies having an impact on shipping will be the focus in the deliberations. The Conference would be of special interest to Commercial, Claims and Legal officers in shipping companies. * “Insights into Maritime Frauds” by Capt. J.P.

Attorney's Services are not "Necessary" …

In March of 1998, the owners of M/V Golden Prince were locked in a wage dispute with current and former crewmembers. The vessel owners hired a law firm from New Orleans, La., to help resolve this wage dispute. The crew sought wages and penalties from the ship owner due to an alleged breach of contract governing their pay. Ultimately, the crewmembers seized M/V Golden Prince to enforce their claims. The law firm rendered over $136,000.00 in legal fees to settle the wage claims and negotiate the release of the seized vessel. These legal fees were never paid by the ship owner. Subsequently, in January of 1999, creditors of M/V Golden Prince seized the vessel. The vessel was then sold at a public auction for $3.51 million.

Capacity Building for Sustainable Shipping

Photo: International Maritime Organization (IMO)

International Maritime Organization (IMO)'s response to the needs of developing countries for building capacity and facilitating technology transfer to promote low-carbon shipping was highlighted at the Environmental Sustainable Shipping Industry Conference (ESSIC), held in Panama City, Panama (14 March). The international conference was held in parallel with the Panama Maritime XIII World Conference and Exhibition. IMO’s Jose Matheickal talked through the Global Maritime Energy Efficiency Partnerships Project (GloMEEP) funded by the Global Environmental Facility (GEF)…

Crowley Promotes VP and Deputy General Counsel

Kerri McClellan (Photo: Crowley)

Crowley Maritime Corporation announced today that Kerri McClellan has been promoted to vice president and deputy general counsel for the corporation. McClellan, who is based in Jacksonville and reports to Senior Vice President and General Counsel Mike Roberts, joined Crowley approximately two years ago as senior corporate counsel and assistant corporate secretary and has excelled at corporate governance and transactional work among other legal areas, the company said. “Kerri has been a tremendous partner in the legal department…

SRI Website Launch to Coincide with "Day of the Seafarer"

The International Maritime Organization (IMO) ‘Day of the Seafarer’ (June 25) is the opportunity for renewed efforts to safeguard the human rights of seafarers throughout the world and ensure that they are offered proper legal protection and support. That is the message from Deirdre Fitzpatrick, Executive Director of Seafarers’ Rights International (SRI). “On this important date, players in the maritime world have to ask themselves the question: how much do they care about the workers who transport over 90% of the goods we all rely on…

Spinnaker Cautions Shipping Employers Over Foreign Workers' Rights

Maritime recruitment specialist, Spinnaker Consulting has warned shipping firms that they could face legal action if they do not apply UK standards to foreign workers. Overseas workers who spend some working time in the UK qualify for the same employment protection rights as resident UK workers. Writing in the latest issue of Changing Course, Spinnaker's monthly e-mail newsletter, managing director Phil Parry says, "A London employment tribunal ruled last month that foreign workers can claim rights under English employment law if they have spent some of their time working in the UK. The decision arises out of legal changes made in 1999 implementing an EU directive on the posting of workers.

TOTE’s Carlile Names New VP

Henri Legal

Carlile Transportation Systems, Inc., a TOTE Logistics company, has named Henri Legal Vice President, LTL & Facilities. Henri will be responsible for setting the strategy and business plan for Carlile’s LTL and Facility locations. He joins Carlile most recently from Western Canada Express, Inc. where he was the Vice President, Western Canada Operations and Vice President, Portside Warehousing and Distribution. Legal has extensive leadership, operations, employee development and strategic planning experience and is looking forward to growing Carlile’s business.

Neeraj Bansal Appointed Deputy Chairman of JNPT

Neeraj Bansal appointed Deputy Chairman

The Government of India has appointed Neeraj Bansal as Deputy Chairman of India's largest container port,  Jawaharlal Nehru Port Trust with immediate effect. Mr Neeraj Bansal is an Officer of Indian Revenue Servie with around twenty years of experience across the country in Direct Tax Administration, Investigation, Tax-payer Service, Vigilance, Legal & Co-ordination. * LL.B. * Wide administrative experience in the general managerial capacity in handling the Legal, Personnel, Co-ordination…

Norwegian Launches Legal Weddings at Sea

Pic by Norwegian Cruise Line

If you've dreamed of tying the knot at sea onboard a Cruise ship, you can now do so legally. Norwegian Cruise Line is inviting couples to tie the knot with new legally recognized ceremonies at sea aboard certain ships. The Miami-based cruise line said Thursday that captains will start performing legal weddings at sea on the Norwegian Breakaway and Norwegian Getaway this month. Ceremonies will also be held on Norwegian Escape, which will sail from Miami after it launches this fall. The line’s wedding package includes a bridal bouquet and matching boutonniere, Champagne toast and wedding cake.

EU Re-imposes Sanctions on Iranian Bank, Shipping Firms

The European Union re-imposed sanctions on an Iranian bank and 32 Iranian shipping companies on Wednesday, using new legal grounds, after the measures were struck down by a European court. The EU's second highest court annulled an EU asset freeze on Bank Tejarat and 40 Iranian shipping companies in January, finding fault with the legal grounds given by the EU. The EU, as it has done in other cases, responded by re-listing Bank Tejarat and 32 of the Iranian shipping firms using new legal grounds. Eight firms were not put back on the list published in the EU's Official Journal on Wednesday. The decision comes days after Iran and six major powers reached a framework agreement to end a dispute over Iran's nuclear activities which prompted the sanctions. Reporting by Adrian Croft

US Pollution Risks: Federal & State Summaries

US Pollution Risks: Image courtesy of UK Club

The US Pollution Risks publication, recently published for its members by the UK P&I Club, compiles summaries of all the Federal and state requirements on liability, COFR requirements and vessel contingency plan requirements. Legal Briefings provide an overview of certain laws and regulations. The UK Club points out that while every effort has been made to ensure accuracy, the publication is only a guide and not a substitute for formal legal advice. The Oil Pollution Act of…

USCG Civil Penalty Appeal Decisions

The U.S. Coast Guard has begun posting redacted versions of its Civil Penalty Appeal Decisions on its Coast Guard Legal page on the Internet located at http://www.uscg.mil/legal . Clicking on "Civil Penalty Appeals" will they lead you to a menu of cases involving bridges, COLREGS, commercial vessel violations, marine casualties, negligence, pollution, recreational vessels, and uninspected passenger vessels. Source: HK Law

Golden Ocean Halts Legal Action

Golden Ocean Group announced an end to its legal dispute with S.A. Marine Corp. of South Africa following a successful resolution. The announcement follows a capital injection of $41 million into S.A. Marine.

Legal Committee of IMO to Meet in London

The Legal Committee of IMO will meet in London on April 28 - May 2. Items on the provisional agenda include the draft convention on wreck removal; review of the Convention for the Suppression of Unlawful Acts against Marine Navigation; provision of financial security relating to carriage of passengers and claims for death, personal injury, and abandonment of seafarers; places of refuge; and treatment of persons rescued at sea.

Emergency Evacuation Plan Does Not Create Legal Duties

The U.S. Court of Appeals for the Fifth Circuit has ruled that an Emergency Evacuation Plan for a mobile offshore drilling unit (MODU) does not create legal duties to third parties. U.S. Coast Guard requires the operator of MODUs located on the U.S. outer continental shelf to prepare and submit an emergency evacuation plan. Two employees on a MODU alleged that they were injured while being evacuated to shore as a hurricane approached. The employees brought suit against the MODU owner, the MODU operator, and the owner of the vessel chartered to evacuate the employees. The trial court held that, because the USCG-approved emergency evacuation plan (as prepared and submitted by the MODU operator) provided that the MODU owner's person-in-charge had some duties…

Maritime Reporter Magazine Cover Mar 2017 - The Green Marine Technology Edition

Maritime Reporter and Engineering News’ first edition was published in New York City in 1883 and became our flagship publication in 1939. It is the world’s largest audited circulation magazine serving the global maritime industry, delivering more insightful editorial and news to more industry decision makers than any other source.

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