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AFRICA: Joint War Committee lists Cabo Delgado as High-Risk Area
Following our circular on the increased risk of Piracy in the waters of the coast Mozambique (see https://efmarinegroup.com/index.php/node/7572) on April 26th, 2021 the Joint War Committee has now listed Cabo Delgado as a High-Risk Area. The new area includes waters within 50 nautical miles of Tanzania and Mozambique between Mnazi Bay in the north and Baia do Lurio in the South. The Joint War Committee’s full announcement JWLA026 can be found at: https://www.lmalloyds.com/lma/jointwar We will continue to monitor the situation closely and will provide with further updates would the situation develop into the feared scenario of piracy activity in that area. General information and guidance on piracy can be found at: https://www.imo.org/en/OurWork/Security/Pages/MaritimeSecurity.aspx and https://www.maritimeglobalsecurity.org/media/1046/bmp-westafrica.pdf QUESTIONS? Should you have any questions following this information, please do not hesitate to contact us. ABOUT EF MARINE EF Marine provides Fixed Premium P&I solutions to Shipowners, Charterers and MultiModal operators. EF Marine has a global client base and offices in Singapore and Rotterdam. EF Marine provides ‘AA-‘rated security from Swiss Re Corporate Solutions with limits up to USD 500m. Through our partnership with Swiss Re Corporate Solutions we provide our clients with first class security combined with EF Marine’s extensive knowledge of the P&I market.
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COVID-19 | UPDATED GUIDANCE FROM THE INTERNATIONAL CHAMBER OF SHIPPING (ICS)
The International Chamber of Shipping (ICS) has issued an updated Guidance for Ship Operators for the Protection of the Health of Seafarers. This best practice was issued to help protect the health of seafarers and passengers as well as the general public. The Guidance is for use on all types of ship and tries to consider the needs of both cargo and passenger ships. It is recognized that cargo ships are unlikely to have a fully trained doctor or nurse on board and that medical treatment on cargo ships will be provided by a crew member with training to STCW medical requirements. Because a ship is a closed environment, after being at sea for 14 days or more, and if no seafarers show signs of illness, a ship may be considered as free from COVID-19 and therefore safe. Any crew change or visit from shore-based personnel, including a pilot, may introduce the virus on board despite best practice quarantine and testing. Seafarers should therefore remain vigilant for the symptoms of COVID-19 in themselves and others and report such symptoms immediately to the person responsible for medical care on board. A copy of the full Guidance can be found at https://www.ics-shipping.org/docs/default-source/resources/covid19-guidance-for-ship-operators-for-the-protection-of-the-health-of-seafarers-v3.pdf?sfvrsn=4 Further guidance documents and posters in various languages can be found at https://www.icsshipping.org/free-resources/covid-19 QUESTIONS? Should you have any questions following this information, please do not hesitate to contact us. ABOUT EF MARINE EF Marine provides Fixed Premium P&I solutions to Shipowners, Charterers and MultiModal operators. EF Marine has a global client base and offices in Singapore and Rotterdam. EF Marine provides ‘AA-‘rated security from Swiss Re Corporate Solutions with limits up to USD 500m. Through our partnership with Swiss Re Corporate Solutions we provide our clients with first class security combined with EF Marine’s extensive knowledge of the P&I market.
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AFRICA: PIRACY – The Mozambique Channel
Assureds and their crew on board their vessels are advised to be vigilant when passing the waters off Mozambique. Since 2017 there is local unrest in Mozambique caused by conflicts between insurgents and government forces. Regretfully this includes more than 800 separate attacks across northern Mozambique, resulting in 2,600 deaths and more than 600,000 people displaced. Armed clashes apparently sharply escalated in 2020 with attacks spilling over the boarder with Tanzania. In August 2020 insurgents seized a key port in northern Mozambique from government forces. This raises strong concerns and is seen as a first step in insurgents venturing into piracy, similar as occurred in the Horn of Africa. It threatens security in the Mozambique Channel, a 1,000 nautical miles long waterway between Madagascar and East Africa. This area is the location of some of the world’s largest gas reserves and carries approximately 30% of global tanker traffic. We will continue to monitor the situation closely and will provide with further updates would the situation develop into the feared scenario of piracy activity in that area. General information and guidance on piracy can be found at: https://www.imo.org/en/OurWork/Security/Pages/MaritimeSecurity.aspx and https://www.maritimeglobalsecurity.org/media/1046/bmp-westafrica.pdf QUESTIONS? Should you have any questions following this information, please do not hesitate to contact us. ABOUT EF MARINE EF Marine provides Fixed Premium P&I solutions to Shipowners, Charterers and MultiModal operators. EF Marine has a global client base and offices in Singapore and Rotterdam. EF Marine provides ‘AA-‘rated security from Swiss Re Corporate Solutions with limits up to USD 500m. Through our partnership with Swiss Re Corporate Solutions we provide our clients with first class security combined with EF Marine’s extensive knowledge of the P&I market.
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Inventory of Hazardous Materials (IHM)
In accordance with Regulation (EU) 1257/2013 of the European Parliament and the Council on ship recycling with effect from 31st December 2020 all vessels of 500 GT or larger will require a valid and certified Inventory of Hazardous Materials (referred to as IHM or The Inventory) on board if calling at an EU port or anchorage. This also applies to non-EU flagged vessels calling an EU port or anchorage. The Regulation will apply to all vessels of any type whatsoever operating or having operated in the marine environment including submarines, floating craft, floating platforms, self-elevating platforms, FSU’s, FPSO’s as well as ships stripped of equipment or being towed. What is the IHM? The IHM is a structured system to control hazardous materials onboard ships and achieve compliance with the EU Ship Recycling Regulation (EU SRR) and Hong Kong Convention (HKC) for the Safe and Environmentally Sound Recycling of Ships. The objectives of the Inventory are to provide ship-specific information on the actual hazardous materials present on board, to protect health and safety and to prevent environmental pollution at ship recycling facilities. This information will be used by the ship recycling facilities to decide how to manage the types and amounts of materials identified in the Inventory of Hazardous Materials. Missing the deadline to hold a valid IHM means you will be operating in a breach which could result in delays, detainment and dismissal at EU ports. The relevant certification can be obtained from an IHM expert company, such as an IACS classification society. Full information can be found at the website of the European Maritime Safety Agency (EMSA) at: http://www.emsa.europa.eu/emsa-homepage/2-news-a-press-centre/news/3003-emsaguidance-on-the-inventory-of-hazardous-materials.html Further information can be found at the website of the International Maritime Organization (IMO) at: http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/MEPC%20Resolutions/MEPC.269(68).pdf QUESTIONS? Should you have any questions following this information, please do not hesitate to contact us. ABOUT EF MARINE EF Marine provides Fixed Premium P&I solutions to Shipowners, Charterers and MultiModal operators. EF Marine has a global client base and offices in Singapore and Rotterdam. EF Marine provides ‘AA-‘rated security from Swiss Re Corporate Solutions with limits up to USD 500m. Through our partnership with Swiss Re Corporate Solutions we provide our clients with first class security combined with EF Marine’s extensive knowledge of the P&I market.
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COVID-19 – TAKE RESPONSIBILITY
Since our circular in respect of COVID-19 dated 5 February 2020 we have unfortunately witnessed increasing numbers and exponential growth of COVID-19 cases worldwide. More and more countries are taking necessary and far reaching measures by which all non-essential movements of people are restricted/prohibited. In order to avoid further spreading of the virus and to avoid an overload of health care systems and medical facilities in countries across the globe it is of paramount importance that we all remain alert and vigilant and implement and comply with the most recent advices and recommendations in respect of hygiene measures, precautionary measures and restricting or banning travel. This accounts for both your land-based offices as well as on board of your vessels, if not already done. EF Marine is monitoring the recommendations by the World Health Organization (WHO) and other experts. It is important to keep your crews updated with the most recent recommendations in respect of hygiene and preventive measures which include more frequent cleaning and disinfection strategies on board of your vessels and limiting the number of on board and visitors from shore and their access to ships areas. We wish everyone strength and the best of health in these difficult times and recommend you take note of the below: DISEASE OUTBREAK PREPAREDNESS AND RESPONSE PLAN It is highly recommended to develop a clear and written disease outbreak preparedness and response plan. In case you are unable to do this yourself please contact a medical service supplier to assist you. For the disease outbreak preparedness and response plan for your land-based offices we refer you to the guidance and instructions of your local authorities. For the disease outbreak preparedness and response plan for your vessels we advise that the plan should at least (but not limited to) cover the following topics: Stringent hygienic rules in respect of cleaning, disinfection and waste management on board of your vessel. Options for onboard treatment and medical equipment inventories. Management of close contacts. Identifying a suspected case of COVID-19. An isolation plan stipulating the locations where suspected cases can be emporarily individually isolated until disembarkation together with hygiene rules for the isolation room including the use of personal protective equipment, cleaning and disinfection procedures and waste management. FURTHER RECOMMENDATIONS Considering the international trade shipping is involved in, several medical experts, government agencies and stakeholders have over time issued guidelines with the aim to support ship operators and crews in managing suspect COVID-19 cases on board of vessels. Below we have listed the more/most important ones: A. FINDING ACCURATE INFORMATION ON COVID-19 In the times of social media and fast online communication, fake news is unfortunately spreading rapidly and can lead to people treating the issue with the wrong measures. Official government website and the website of the World Health Organization (WHO) should be consulted and considered as reliable source of information. Other website information should be taken with caution and doubled checked against official sources. B. WHAT ARE THE SYMPTOMS OF COVID-19? Most common symptoms for COVID-19 are fever, tiredness and a dry cough. Some patients also develop aches and pains, nasal congestion, runny nose, sore throat or diarrhea. It can be difficult to dissociate these symptoms from the common flu or a cold. It is therefore important to treat all cases – even mild cases - with caution. Some people become infected but do not develop any symptoms and do not feel unwell while others become seriously ill (respiratory distress). From the current observations made, most of the patients affected with COVID-19 who have become seriously ill are above 70 years of age or have underlying conditions that make them more susceptible to develop a serious condition from the COVID-19. C. KNOWN INCUBATION PERIOD OF COVID-19 Based on what is known to date, the incubation period might go up to 14 days. This means that someone who has visited an affected area or has been in close contact with someone sick with COVID-19 can take up to 14 days to show symptoms. From what is known, a person infected with COVID-19 that does not show symptoms can be contagious and therefore anyone who stays on board after having visited an affected area or been in close contact with someone sick without protection should self-isolate for a period of 14 days. D. ISOLATION ON BOARD THE VESSEL If it is determined that there is a suspected case of COVID-19 on board, isolate the patient immediately, in a predefined isolation ward, cabin, room or quarters, with the door closed. Minimal contact should take place with the patient and only designated personnel should be allowed to enter the room where the patient is isolated. The caretaker should protect him/herself from in turn contracting the virus in wearing protective gear such as a mask, gloves, goggles and an overall. Once the caretaker has left the room, he/she should immediately disinfect all protective reusable gear and dispose of any garbage into a closed specifically designated bin. Depending on the configuration of the vessel, in case no separate bathroom / lavatory is available, the facilities should be thoroughly disinfected every time the patient has made use of it. Other crew members or passengers that were in close contact with the ill person should also be asked to keep distances from other crew on board, to adopt a strict hygiene and to self-isolate as much as possible. Close contact can be working in the same area or share a cabin. Due to the confined space on board of a vessel, it will unfortunately not be rare that most of the crew has been in close contact with the patient during the incubation period. It is therefore recommended that each crew self-monitors its health and report any issues once a suspected case is declared on board. A log of the patient condition and treatment provided should be kept. E. HOW TO TREAT COVID-19? Unfortunately, no cure or specific vaccine is yet available. Usual cold and flu medicine available in the vessels’ pharmacy should be provided on a case by case and as necessary. The patient should be monitored to make sure that his / her condition does not require emergency (respiratory) care. Medical advice should be seek if the patient develops a breathing problem or feels very ill (for example a fever that cannot be brought down by usual medicines such as paracetamol). If the respiratory frequency is above 20 breath per minute when the person is resting, or if the person has a moderately to severely reduced general condition it might be necessary to provide hospital care. In case of doubt the crew should contact medical services for advice. F. MEDICAL SUPPLIES AND EQUIPMENT To allow your crew to deal with a possible infection by COVID-19, necessary disinfection products such as hand gel and protective gown should be available on board. See also the International Chamber of Shipping’s “Guidance for Ship Operators for the Protection of the Health of Seafarers”. https://www.ics-shipping.org/docs/default-source/resources/coronavirus-(covid-19)-guidance-for-ship-operators-for-the-protection-of-the-health-of-seafarers.pdf?sfvrsn=6 G. CALLING A PORT WITH A SUSPECTED CASE ON BOARD In the event of a suspected diagnosis of COVID-19 onboard, the master should report the event as soon as possible to the next port of call, to allow the competent authority at the port to arrange, depending on the situation, medical evacuation or special arrangements for disembarkation and hospitalization of the patient and laboratory diagnosis. As soon as the patient has been removed from the ship, the cabin or quarters where the suspected case of COVID-19 was isolated and managed should be thoroughly cleaned and disinfected by staff using PPE and who are trained to clean surfaces contaminated with infectious agents. The port health authority will conduct a risk assessment and all contacts of the suspect case should be identified and follow the instructions of the public health authorities, until the laboratory results of the suspect case are available. If the laboratory examination of the suspect case is positive for COVID-19, then all close contacts are likely to be quarantined for 14 days according to instructions from the competent authorities. USEFUL LINKS: https://www.who.int/emergencies/diseases/novel-coronavirus-2019 https://www.ics-shipping.org/news/press-releases/2020/03/05/international- chamber-ofshipping-(ics)-issues-new-coronavirus-(covid-19)-guidance-for- shipping-industry http://www.imo.org/en/MediaCentre/HotTopics/Pages/Coronavirus.aspx QUESTIONS? Should you have any questions following this information, please do not hesitate to contact us. ABOUT EF MARINE EF Marine provides Fixed Premium P&I solutions to Shipowners, Charterers and MultiModal operators. EF Marine has a global client base and offices in Singapore and Rotterdam. EF Marine provides ‘AA-‘rated security from Swiss Re Corporate Solutions with limits up to USD 500m. Through our partnership with Swiss Re Corporate Solutions we provide our clients with first class security combined with EF Marine’s extensive knowledge of the P&I market.
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United States Ramps Up Sanctions Pressure on Venezuela with Issuance of Executive Order 13884
For more than a decade, the United States has employed sanctions in responsive to activities of the Venezuelan government and Venezuelan individuals. The US measures against the government of Venezuela were significantly extended in January 2019 as US imposed sanctions on Venezuela’s state-oil company Petroleos de Venezuela, S.A. (PdVSA). On 5 August 2019, a further significant development took place with the issuance of the Executive Order (EO) 13884. The EO, entitled ‘Blocking Property of the Government of Venezuela’, is designed to further increase pressure on the Nicolás Maduro regime by blocking all property and property interests of the Government of Venezuela under US jurisdiction, and by authorizing the Department of Treasury to sanction additional persons who have assisted or supported the Government of Venezuela, including through the provision of goods or services. The full text of the EO can be read at https://www.treasury.gov/resource-center/sanctions/Programs/Documents/13884.pdf On August 6, 2019, the Department of Treasury’s Office of Foreign Assets Control (OFAC) amended several existing general licenses and issued numerous general licenses authorizing a number of activities. OFAC also issued new frequently asked questions, FAQs no.665-681. IMPACT ON US PERSONS EO 13884, although not a full embargo, broadly prohibits virtually all US Persons from dealings and transactions with the Government of Venezuela, including all Venezuelan state-owned enterprises. US Persons includes US companies, their branches, US banks, citizens and green-card holders, as well as any person when they are physically located in the United States. Any funds, property, contracts or other property interests that come into the possession or control of US Persons must be blocked and reported to OFAC. The EO includes a broad definition of the Government of Venezuela which is, as follows:  ‘The state and Government of Venezuela, any political subdivision, agency, or instrumentality thereof, including the Central Bank of Venezuela and Petroleos de Venezuela, S.A. (PdVSA), any person owned or controlled, directly or indirectly, by the foregoing, and any person who is acted or purported to act directly or indirectly for or on behalf of, any of the foregoing, including as a member of the Maduro regime.’ OFAC FAQ no. 680, issued on August 6, clarifies that the above definition of the government of Venezuela expressly excludes the Venezuelan private sector. The FAQ states that without specific authorization from OFAC, US persons are generally prohibited from engaging in transactions with the Government of Venezuela or entities in which the Government of Venezuela owns, directly or indirectly, a 50% or greater interest (which includes PdVSA), even if those entities are not specifically named on the US Specially Designated Nationals and Blocked Persons List (SDN List). IMPACT ON NON-US PERSONS EO 13884 also provides that any non-US person determined to have material assistance to, or goods or services in support of, the Government of Venezuela, its agencies and any entity in which it holds a 50% or greater interest could itself be sanctioned and have its property in the United States blocked. Regarding whether the provision of ocean transportation could be considered either ‘material assistance’ or ‘service’ in support of an entity whose property is blocked under the EO, legal firm Freehill Hogan & Mahar LLC suggested that it would certainly seem conceivable that OFAC could make this determination and comments by US National Security Advisor John Bolton suggest that Executive Order 13884 could be construed broadly. The client alert issued by FHM can be read at https://www.freehill.com/wp-content/uploads/2019/08/ NYDOCS1-509645-v1-Client_Alert_on_Venezuela_-_Executive_Order_138841.pdf OUR RECOMMENDATION Due to the broad reach of US sanctions and the punitive consequences of breaching this EO, both US and non-US persons should proceed with extreme caution when considering whether to engage in any business which could be deemed providing material assistance or goods/services in support of the Government of Venezuela or entities in which the Government of Venezuela owns, directly or indirectly, a 50% or greater interest (which includes PdVSA). We also recommend clients to evaluate their current dealings involving Venezuela and conduct thorough due diligence to ensure that they are not at risk of breaching sanctions. If you have any queries, please do not hesitate to contact us.
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Gulf of Guinea: Piracy
NUMBERS DOWN, STILL VERY MUCH A HIGH-RISK AREA Piracy in the Gulf of Guinea affects a number of countries in West Africa as well as the wider international community. By 2011, it had become an issue of global concern. Pirates in the Gulf of Guinea are often part of heavily armed criminal enterprises, who employ violent methods to steal oil cargo. In 2012, the International Maritime Bureau (IMB), Oceans Beyond Piracy and the Maritime Piracy Humanitarian Response Program reported that the number of vessels attacks by West African pirates had reached a world high, with 966 seafarers attacked during the year. A recent report by the IMB shows a reduced number of incidents in the area, from 156 incidents in 2018 to 119 incidents for the same period and area. These figures are based on notifications provided to the IMB Piracy Reporting Centre. The 2019 incidents include 95 vessels boarded, 10 vessels fired upon, 10 attempted attacks and four vessels hijacked. The number of crew taken hostage through the first nine months declined from 112 in 2018 to 49 in 2019. Despite the reduction in numbers of the overall incidents, incidents involving guns and knives remain consistent. Reportedly there have been 24 knife-related and 35 gun-related incidents in 2019 thus far, compared to 25 and 37 for the first nine months of 2018. “Although incidents are down, the Gulf of Guinea continues to be a concern for piracy and armed robbery-related activities with kidnappings of crew members increasing in both scale and frequency,” said Pottengal Mukundan, Director, ICC IMB. “It is important that shipmasters and owners continue to report all actual, attempted, and suspected incidents to ensure that an accurate picture of these attacks emerge, and action is taken against these criminals before the incidents further escalate.” Lagos recorded 11 incidents in 2019 – the highest number of any port in the world. Despite reporting more attacks than any other country, Nigeria has reduced Q3 piracy attacks from 41 in 2018 to 29 in 2019. RECOMMENDATION The Gulf of Guinea very much remains a high-risk area for piracy and armed robbery. The region accounts for 86% of crew taken hostage and nearly 82% of crew kidnappings globally. Shipowners and seafarers are required to stay extremely cautious and vigilant when their ship enters a piracy sensitive area. Shipowners and crew are strongly recommended to apply the latest Best Management Practice Guide (BMP). The current latest version is BMP5 and further consideration should be given to other guidance such as Global Counter Piracy Guidance for Companies, Master Free security related guidance, together with access to best practice guides, including BMP5, can be found at www.maritimeglobalsecurity.org Specific guidance for the Gulf of Guinea can be found at https://www.maritimeglobalsecurity.org/media/1026/gogguidelines-v3.pdf QUESTIONS? Should you have any questions following this information, please do not hesitate to contact us.   ---- ABOUT EF MARINE EF Marine provides Fixed Premium P&I solutions to Shipowners, Charterers and MultiModal operators. EF Marine has a global client base and offices in Singapore and Rotterdam. EF Marine provides ‘AA-‘rated security from Swiss Re Corporate Solutions with limits up to USD 500m. Through our partnership with Swiss Re Corporate Solutions we provide our clients with first class security combined with EF Marine’s extensive knowledge of the P&I market.
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JOINT WAR COMMITTEE | JWLA-029 | CHANGES TO LISTED AREAS
The Joint War Committee has recently reviewed the Listed Areas and has agreed the following changes which are incorporated in the new list which can be found at https://www.lmalloyds.com/lma/jointwar Amended: EUROPE 1. SEA OF AZOV AND BLACK SEA WATERS ENCLOSED BY THE FOLLOWING BOUNDARIES a) On the west, around Romanian waters, from the Ukraine-Romania border at 45° 10.858’N, 29° 45.929’E to high seas point 45° 11.235’N, 29° 51.140’E  b) thence to high seas point 45° 11.474’N, 29° 59.563’E and on to high seas point 45° 5.354’N, 30° 2.408’E c) thence to high seas point 44° 46.625’N, 30° 58.722’E and on to high seas point 44° 44.244’N, 31° 10.497’ d) thence to high seas point 44° 2.877’N, 31° 24.602’E and on to high seas point 43° 27.091’N, 31° 9.954’E e) and then east to the Russia-Georgia border at 43° 23.126’N, 40° 0.599’E 2. ALL INLAND WATERS OF UKRAINE 3. INLAND WATERS OF RUSSIA WITHIN THE FOLLOWING AREAS: b. River Don, from Sea of Azov to vertical line at 41° E c. River Donets, from River Don to Ukraine border 4. ALL INLAND WATERS OF BELARUS SOUTH OF HORIZONTAL LINE AT 52° 30’ N QUESTIONS? Should you have any questions following this information, please do not hesitate to contact us. ABOUT EF MARINE EF Marine provides Fixed Premium P&I solutions to Shipowners, Charterers and MultiModal operators. EF Marine has a global client base and offices in Singapore and Rotterdam. EF Marine provides ‘AA-‘rated security from Swiss Re Corporate Solutions with limits up to USD 500m. Through our partnership with Swiss Re Corporate Solutions we provide our clients with first class security combined with EF Marine’s extensive knowledge of the P&I market.
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