United States - Exporters Competitive Maritime Council
To represent the interests of United States exporters with respect to project cargo, export trade, transportation and regulatory issues.
The Exporters Competitive Maritime Council (ECMC) is an alliance of project cargo industry representatives working together to support, foster, and maintain the competitive advantage of U.S. domiciled companies in international trade through participation in and development of key initiatives.
Specialized Freight Mobility Initiative
High, Wide and Heavy cargo movement represents a small percentage of the overall freight movement on our National Highway System. However, the efficient movement of this freight is critical to maintaining our strategic domestic infrastructure, manufacturing base and the ability for U.S. companies to compete in global markets with their export products. The current system for obtaining multi-State permits for high, wide and heavy freight movement is archaic and inefficient, and in many ways introduces significant safety hazards to the traveling public, bottlenecks to our National Transportation System and unnecessary impact to our environment.
The ECMC believes a cooperative, realistic and managed approach to resolving issues relating to the movement of high, wide and heavy freight will benefit the entire Nation, our National Highway System, the safety of its' Citizens' and a more sustainable environment.
Substandard Vessel Clause
The US Exporters Competitive Maritime Council strongly encourages its' membership to utilize this clause or a variation thereof in their negotiations and contracting with vessel owners, brokers and/or agents:
"Owner guarantees that this vessel complies fully with the International Safety Management (ISM) Code and is in possession of a valid Document of Compliance and Safety Management Certificate and will remain so for the entirety of her employment under this Booking Note/Charter Party. Owners are to provide the Shippers with satisfactory evidence of compliance, if required to do so and to remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM Code."
Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C Section 2302 (e), establishes effective January 1, 1999, with respect to non-US flag vessels and operators/owners, that substandard vessels and vessels operated by operators of substandard vessels are prohibited from the carriage of government impelled (preference) cargo(s) for up to one year after such substandard determination has been published electronically. As this cargo may be a preference cargo, operators/owners must warrant that the vessel(s) and owner/operator are not disqualified to carry such cargo(s).
In the event contracted vessel and or vessel operator/owner under this Booking Note/Charter Party is determined to be substandard vessel and or operator/owner of substandard vessel by the U.S. Coast Guard, the shipper shall be entitled to hold said operator/owner fully responsible for all consequential and liquidated damages that may arise as a direct or indirect result of said disqualification.
SUBSTITUTION ISPS CLAUSE
(A)From the date of coming into force of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) in relation to the Vessel, Carrier shall ensure that both the Vessel and "the Company" (as defined by the ISPS Code) shall comply with the requirements of the ISPS Code and all applicable laws and regulations relating to the Vessel and "the Company" and shall report and send all notices as and when required to obtain entry and exit clearances from the relevant authorities at each port of call on the voyage. Upon request Carrier shall provide a copy of the relevant International Ship Security Certificate (or the Interim International Ship Security Certificate) to the Charterers. Carrier shall provide the Merchant with the full style contact details of the Company Security Officer (CSO).(ii) Notwithstanding any other provision in this Booking note, any and all loss, damage, expense or delay, excluding consequential loss incurred by the carrier, caused by failure on the part of Carrier or "the Company" to comply with the requirements of the ISPS Code or this Clause shall be for Carrier's account.
(B)The Merchant shall provide the CSO and the Ship Security Officer (SSO)/Master with their full style contact details and any other information Carrier reasonably requires and requests concerning the Merchantís goods to submit a timely and accurately cargo declaration.
(i) Notwithstanding any other provision in this Booking note, any and all loss, damage, expense, excluding consequential loss incurred by the merchant, caused by failure on the part of the Merchant to comply with this Clause shall be for the Merchant's account and any delay caused by such failure shall be compensated at the damages for detention rate or demurrage rate.
(C) Provided that the delay is not caused by Carrier's failure to comply with their obligations under the ISPS Code and this Clause, the following shall apply:
(i) Notwithstanding anything to the contrary provided in this Booking note, the Vessel shall not be entitled to tender Notice of Readiness if the Vessel is delayed in clearance due to applicable security regulations or measures imposed by a port facility or any relevant authority under the ISPS Code, until the Vessel is cleared and berthed at the anchorage agreed by Carrier and Merchant.
(ii) Any delay caused solely by failure on the part of Merchant to comply with this Clause and resulting from measures imposed by a port facility or by any relevant authority under the ISPS Code shall count as time for which damages for detention apply or lay-time or time on demurrage if the Vessel is on lay-time or demurrage. If any such delay is caused solely by failure on the part of Merchant to comply with this Clause before lay-time has started or after lay-time or time on demurrage has ceased to count, it shall be compensated by the Merchant at the damages for detention rate or at the demurrage rate. If any such delay is not caused solely by failure on the part of Merchant to comply with this Clause, the delay and all associated costs, loss, damage and expense shall be for Carrierís account.
(d) Provided that the delay is not caused, in whole or in part, by Carrierís failure to comply with their obligations under ISPS Code, and measures imposed by the port facility or relevant authorities applies to all vessels in the port and not solely to the Carrierís vessel, or solely to vessels flying the flag of the Vessel, the following shall apply:
(i) Notwithstanding anything to the contrary provided in this Charter Party, the Vessel shall not be entitled to tender Notice of Readiness if not cleared due to applicable security regulations or measures imposed by a port facility or any relevant authority under ISPS Code.
(ii) Any delay resulting from measures imposed by a port facility under the ISPS Code shall be compensated as half lay-time or half-time demurrage as may be applicable.
(e) If either party makes any payment which is for the other partyís account according to this clause, the other party shall indemnify the paying party.
(f) If other merchants with part cargoes on the same Carrierís Vessel should cause delays to the Vessel, due solely to their failure to comply with ISPS Code, in part or in whole, these delays and all associated costs, losses, damages and expenses shall not be for Merchantís account.
Find us on LinkedIn: https://www.linkedin.com/groups/8554361