New taxes in Brazil

New taxes in Brazil

A RESOLUTION was passed into Brazilian law in May which provides for the payment of new taxes to health authorities in Brazil. The following taxes will directly affect owners and operators of ships trading to Brazil:

  1. Issuance of derating certificates (approx $650)
  2. Issuance of free pratique certificates (approx $370)
  3. Issuance of disembarkation permit for passengers and crew (approx $325)

The taxes are embodied in resolution 003/99/ANVS, which regulates law 9.782 dated January 26, 1999.
(Williams, Recife)

Illegal sewage discharge in Korea

AUTHORITIES in the Republic of Korea have started imposing heavy fines on vessels for violating sewage discharge regulations, even though the vessels in question comply with Marpol Annex 1V. In one case, a vessel was fined $7,000 and detained for two days, although it was only discharging treated effluent and was using a certified sewage plant. Another vessel was fined $600, while a tanker was required to pay $5,200 for illegal sewage discharge.

Local rules now stipulate that treated sewage cannot be discharged in any Republic of Korea harbour area, or in certain other restricted areas. Vessels discharging treated sewage through an approved sewage system can be adjudged to be breaking the law if they carry out such an operation within three miles of Republic of Korea territory, including the ports.

Despite the fact that it has not ratified Annex 1V, which has yet to come into force, the Korean Republic seems to be imposing more stringent requirements than those required by Marpol.
(BIMCO)

Lloyd's and IUA join forces

LLOYD'S and the International Underwriting Association of London (IUA) have joined forces in an effort to ensure that London retains its role as the world's leading insurance marketplace. A top-level forum has been devised with the objective of streamlining business processes to the benefit of customers, intermediaries and underwriters. Meeting monthly, the forum will focus on four key areas:

  1. Ensuring the shortest possible delivery time for the payment of claims, the issuance of policies and the payment of premiums.
  2. Improving service performance by setting ambitious service standards in a number of areas. Statistics will be published showing the performance of brokers, underwriters and central services against these agreed standards in the hope of reinforcing the pressure to improve service performance.
  3. Supporting existing and new initiatives to improve access for brokers to the London market. This will be achieved through the simplification of procedures, adopting international processing standards and sponsoring joint developments between LPC and LPSO.
  4. The promotion and early adoption of e-commerce and electronic trading.

LLMC signatories increase

THE 1976 Convention on Limitation of Liability for Maritime Claims (LLMC) has welcomed three new ratifying parties - the United Arab Emirates, Guyana and Turkey.

Although it has not yet ratified the convention itself, Canada is reported to have recently incorporated the provisions of the 1976 LLMC into its domestic law.

While the total number of signatories to the LLMC has now reached 34, there are significant geographical areas which have not yet ratified either the 1976 LLMC or the earlier 1957 Limitation Convention.

Liability reminder from Brazil

UNDER Brazilian law, shipowners can only seek to rely on an exclusion from liability for cargo damage by reason of force majeure if they have ratified a sea protest in the Brazilian courts not more than 24 hours after the vessel's arrival at its first Brazilian port of call.

There have been a number of recent cases reported of vessels which, having encountered heavy weather, have not been able to exclude liability because no protest has been filed with the courts.
(London P&I Club)

IMO addresses Athens convention

FOLLOWING its 76th meeting, the Legal Committee of the International Maritime Organisation is concentrating on amendments to the Athens Convention in connection with the provision of financial security as a priority in its immediate work programme.

An international regime of compensation for pollution from ship bunkers, and a draft convention on wreck removal were also addressed at the meeting.

Work on the Athens Convention and compensation for bunker pollution is said to be well-advanced and expected to be finalised in coming sessions.

Doubts raised over quality charter

THE European Commission's Maritime Industry Charter received a mixed response at the Mare Forum '99, held in Amsterdam in June. The charter, introduced to promote quality shipping worldwide, was signed by seventeen international maritime and related industry representatives. It was not all plain sailing, with a number of organisations holding back due to doubts about the charter's political and legal implications. The Oil Companies International Marine Forum, Intercargo, the International Chamber of Shipping, the Baltic Exchange and the International Group of P&I Clubs all stressed that. despite not signing the charter at the conference, they did expect to sign it at a later date.