Russian Federation amends merchant shipping code
Russian Federation amends merchant shipping code
THE number of cases relating to the detention and arrest of vessels in Russia may be set to increase following the adoption of the new Merchant Shipping Code of the Russian Federation in May 1999.
Under the new code, harbour masters have the right to refuse permission for a vessel to leave port if (a) it is unseaworthy, improperly loaded, supplied or manned, or otherwise defective, creating danger to safety of navigation or to the health of the people on board, or in danger of causing damage to the marine environment; (b) its papers do not meet requirements; (c) established port dues and charges have not been settled; and (d) there is a sanitary, quarantine, emigration, customs, coastguard or other state authority covering detention.
Intertanko welcomes Marpol initiative
INTERTANKO has welcomed the recent entry into force of new requirements prohibiting the discharge into the sea of oil or oily mixtures from any oil tanker and any other ship over 400 gross tons in north-west European waters.
Introduced under the 1997 amendments to the Marpol convention, the requirements making the seas around north-west Europe a so-called Special Area will help in the drive to minimise ship-sourced pollution of these waters.
India warns on inspections
INDIA's mercantile marine department has warned shipowners that vessels calling at Mumbai and along the west coast of India will be inspected for compliance with all international statutory regulations.
Many ships are currently under detention and, unless deficiencies are put right, are not allowed to leave. Reports from the area confirm that the port state control authorities are fully committed to the strictest possible adherence to the regulations in respect of both foreign-flag and Indian registry vessels.
Associated ship warning in South Africa
A RECENT decision of the Supreme Court of Appeal in South Africa has highlighted serious repercussions regarding ship arrest and associated ships.
Following the case of Belfry Marine Ltd v Palm Base, the court found that ships from completely different fleets may be considered associated simply by virtue of the beneficial owners using the same nominee shareholder. On many occasions this is the lawyer who has arranged the purchase.
The South African associated ship provisions permit an associated ship to be arrested for the debts of the ship in respect of which the claim arose. An association is recognised between two vessels when their owning companies are controlled by the same party. A full judgment of the case can be seen on www.lawpublisher.co.za/belfry.htm
Dubai customs initiative
THE Dubai Department of Customs has issued a decree stating that, with effect from January 1, 2000, all importers will be required to submit commercial invoices with detailed descriptions of goods, along with the Harmonised System (HS) Commodity Code. The HS Code is an internationally recognised method of labelling commodities for identification purposes. The new detailed commercial invoices will enable customs to closely monitor the value of cargo entering the emirate, so that duty can be levied accordingly.