Marine Link
Monday, September 25, 2017

Robert Clyne Gets Outstanding Professional Achievement Award

John Artzen, Chairman of the U.S. Merchant Marine Academy (USMMA) Alumni Association (far left), Rear Admiral Mark H. Buzby, USN, Ret., Maritime Administrator (third from left), and Rear Admiral James Helis, USMS, USMMA Superintendent (far right), present the Outstanding Professional Achievement Award to Robert Clyne, ABS Senior Vice President, General Counsel and Corporate Secretary. Photo: ABS

Robert (Bob) Clyne, ABS Senior Vice President, General Counsel and Corporate Secretary , was recognized with the Outstanding Professional Achievement Award for his distinguished accomplishments as a graduate who best exemplifies the finest tradition of Kings Point – Acta Non Verba – and lending honor and prestige to the United States Merchant Marine Academy. “Bob is most deserving of this recognition,” said ABS Chairman, President and Chief Executive Officer Christopher J. Wiernicki. Clyne began his career at ABS working in various positions from 1982 to 1988.

Norwegian Authorities Investigation on HARRIER

Photo: NGO Shipbreaking Platform

The HARRIER is still under arrest in Norway after its owners failed to illegally set sail for the dangerous and dirty scrapping yards in Gadani, Pakistan, last February. The owners are now forced to find a safe and environmentally sound recycling destination. In parallel, investigations are still ongoing following the charges pressed by the Norwegian environmental authorities against the owners of the TIDE CARRIER for having attempted to breach existing waste trade laws. At the edge of bankruptcy…

Phillips 66 Charters Foreign Tanker for Domestic Voyage

Phillips 66 has chartered a Marshall Islands-flagged vessel, making use of a temporary waiver of the Jones Act that was put in place to meet fuel shortages in the wake of hurricanes Harvey and Irma, Argus Media reported on Thursday. The vessel, Nave Jupiter, departed from Houston, Texas on Sept. 9, and was docked near the company's Alliance refinery in Louisiana, the report said. The nearly 100 year-old law mandates the use of U.S.-flagged vessels to transport merchandise between U.S. coasts. Last week, the U.S. Homeland Security Department had waived the law for a week, the first such waiver since December 2012 after Hurricane Sandy. The department said earlier this week that it was extending the temporary waiver until Sept. 22.

WFW Advises Berenberg on Shipping Loan

Photo by International Chamber of Shipping (ICS)

International law firm Watson Farley & Williams (WFW) has advised private bank Berenberg on its acquisition, jointly with a Japanese financial institution, of a circa US$460m performing shipping loan portfolio from the Royal Bank of Scotland (RBS). WFW previously advised Berenberg on the acquisition of a similar US$300m portfolio from RBS in February 2017. Hamburg-based international investment and private bank Berenberg was founded in 1590 and is the world’s oldest merchant bank and the world’s second oldest bank overall.

Six Companies Buy Oil from US Emergency Crude Reserve

Six companies bought 14 million barrels of oil from the U.S. Strategic Petroleum Reserve in a sale required by law to help fund medical research and the federal government, said the Department of Energy on Thursday.   BP Oil Supply, Exxon Mobil Corp, Phillips 66 , Shell Trading, Valero Marketing and Supply Company, and Macquarie Commodities Trading bought oil from the reserve, which is held in salt caverns on the Texas and Louisiana coasts.   No prices were immediately available. (Reporting by Timothy Gardner; Editing by Lisa Shumaker)

Enhancing Maritime Security in Peru

Photo: International Maritime Organization (IMO)

A national table-top exercise on maritime security in Lima, Peru (18-19 September) has supported the country to implement the United Nations Security Council resolution 1540 (2004), which imposes binding obligations on all States to adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons, and their means of delivery and establish appropriate domestic controls over related materials to prevent their illicit trafficking. The Lima exercise focused…

Implementation of Standards On Board Ships Matters

Photo: International Maritime Organization (IMO)

Once technical standards have been developed by IMO and adopted into national laws, the next step is implementation on board ships. This is the role of both flag States, who issue surveys and certificates, as well as port States, who can inspect all ships in their ports. The Sub-Committee on Implementation of IMO Instruments, meeting this week for its fourth session (III 4, 25-29 September) provides a forum where all matters relating to implementation are discussed. This week’s agenda includes the finalization of revised and updated Procedures for Port State Control…

New Guide for Shipmasters, Int’l Maritime Law

Photo courtesy Morgan Marketing  & Communications

Tara Leiter, an attorney at Blank Rome LLP, collaborated with John A.C. Cartner (United States Coast Guard shipmaster and lawyer) and Richard P. Fiske (retired U.S. naval captain and attorney with John Cartner at Cartner & Fiske LLC) to author the recently released legal treatise The International Law of the Shipmaster. Released in the IMO’s declared Year of the Seafarer, the book is designed to identify and explain the complexity of the legal position faced daily by today’s shipmasters…

Maritime Administration Releases Compilation of Maritime Laws

The Maritime Administrations announced it has released its annual Compilation of Maritime Laws for fiscal year 2007. Each year since 1995, the Maritime Administration has published the laws as an essential reference for its Agency leadership and staff. The compilation is also widely used by the Members of Congress, their staffs and committees, attorneys practicing in the area of Federal Maritime Law and interested members of the general public. The Maritime Administration believes that it is essential that this publication be made available to ensure access to the current state of significant maritime laws, including current statutory amendments.

Maritime Transportation Act Signed into Law

The White House issued a Press Release stating, among other things, that President Bush signed into law the Coast Guard and Maritime Transportation Act of 2004 (H.R. 2443). In addition to serving as the annual authorization act for the Coast Guard and the Federal Maritime Commission, this law inserts an exemption for certain passive owners (primarily institutional lenders) into OPA 90, mandates oil spill response plans for non-tank vessels in excess of 400 gross tons, and makes numerous other changes to U.S. maritime law. It is worth your careful read. (HK Law)

Cummings: Administrative Law Functions Should be Separate from Coast Guard

Congressman Elijah E. Cummings (D-MD), Chairman of Subcommittee on Coast Guard and Maritime Transportation, convened the Subcommittee to examine the Coast Guard's administrative law system. "Today, the Subcommittee received testimony regarding the Coast Guard's administrative law system from two former Administrative Law Judges (ALJ) suggesting that during their tenure, they worked in an atmosphere that did not support their exercise of judicial independence in the consideration of cases. "Additionally, serious allegations were raised that, if true, would imply that patently improper actions may have been committed to direct an ALJ to decide matters in the Coast Guard's favor. The Subcommittee received testimony from Mr. Peter A. Fitzpatrick, Ms. Rosemary Denson, and Ms.

International Maritime Prize for Mexican Legal Expert

Dr. Eusebio Salgado y Salgado: Photo courtesy of UACJS

The Council of the International Maritime Organization (IMO) informs it decided at its recent meeting to award the International Maritime Prize for 2013 to Dr. José Eusebio Salgado y Salgado, Mexican academic and author of the Manual de Derecho Internacional Marítimo (Manual of International Maritime Law), for his significant contribution to the work and objectives of IMO. In nominating his candidature, the Government of Mexico drew attention to Dr. Salgado y Salgado’s distinguished career as an academic in international maritime law…

Wikborg Rein : Shipbrokers Should Beware of Changes to Competition Law

law firm Wikborg Rein. penalties, says Wikborg Rein partner Trond Eilertsen. competition law regime has been viewed as an issue for owners. agreements between shipowners. warns Eilertsen. Norwegian competition authorities for approval of individual agreements. is increasingly important. agreements," Eilertsen says.

Court Rules on Salvage v. Finds

The U.S. Court of Appeals for the Fourth Circuit ruled that the law of salvage rather than the law of finds applies to the on-going work related to the wreck of the RMS TITANIC. The court also overturned the lower court’s actions regarding certain artifacts that had been retrieved and taken to France in 1987, ruling that the court had no in rem jurisdiction over those artifacts. The decision includes a lengthy comparison of the law of salvage and the law of finds. The case was remanded to the trial court with instructions to apply the principles of traditional salvage law to the wreck of the TITANIC in a manner that serves either the owner or, absent an owner, the public interest and at the same time provides an appropriate award to the salvor. RMS Titanic, Inc.

Jones Act Doesn't Preempt State

The Supreme Court of Texas ruled that a state law respecting a procedural framework for claims for personal injury allegedly caused by silica and asbestos is not preempted by the federal law regarding claims for personal injury of crewmembers (the Jones Act). In the instant case, the plaintiff alleged injury from asbestos and silica while employed by defendant corporation aboard a vessel. He brought suit in state court under the Jones Act. Plaintiff failed to comply with certain procedural requirements of the state law and the defendant moved to have the case transferred to another court in accordance with the state law. Plaintiff opposed the transfer, arguing that the Jones Act preempted the state law. The court hearing the motion agreed with the plaintiff and the defendant appealed.

Thomas Miller Acquires Marine Law Firm

Peter Jackson, Head of TM Law

Thomas Miller the international insurance, professional and insurance services provider announces the acquisition of the partners and staff of specialist marine law firm, Davies Johnson & Co of Plymouth. The acquisition brings an additional six fee earners to the Thomas Miller Law Ltd (TM Law) team. The firm will operate from Plymouth and London in addition to TM Law’s main office in Newcastle, where it forms part of the Group’s claims handling and risk management consultancy business.

Cruise-to-Nowhere Measure Introduced

U.S. Rep. Frank R. Wolf (R-Va.) introduced legislation (H.R. 316) that threatens to halt, and even reverse the expansion of the offshore gaming industry. Under existing law, offshore gaming in international water is legal, unless states pass laws specifically prohibiting the activity. Wolf's bill would reverse the situation, requiring states that want offshore casino vessels pass laws to allow them. Offshore gaming operations would be outlawed in states that have not passed laws to legalize them.

Admiralty Law Firm’s Insurance Rescinded

In an unpublished decision, the U.S. Court of Appeals for the Sixth Circuit ruled that an insurance company could rescind the professional liability insurance of an admiralty law firm for material misrepresentation in the application. The law firm (noted for filing asbestos claims against ship owners, among other things) indicated in its application that none of its lawyers knew of any circumstances that could result in a professional liability claim. Following the death of the senior partner, it was found that he had misappropriated more than $15 million of settlement funds owed to clients. The insurance company filed suit to rescind the policy. The law firm contended that the partner who signed the application was unaware of the misappropriation.

Choice of Law May Result in Claim Forfeiture

In an unpublished decision, the U.S. Court of Appeals for the Second Circuit ruled that a freely negotiated choice of law clause is binding, even where that choice tacitly included forfeiture of a claim. In the instant case, an insurance policy purchased by a ship owner included a clause providing that Norwegian law was controlling. Norwegian law does not recognize a maritime lien for unpaid insurance premiums. The ship owner went into bankruptcy, owing various debts, including the insurance premiums and various mortgages. The court held that, in transactions of an international character, a choice of law clause is binding unless the court finds that it would be unfair, unjust, or unreasonable to hold a party to its bargain. In re Millenium Seacarriers, Inc., No.

AKD Prinsen Van Wijmen Expands Transport Law Team

AKD Prinsen Van Wijmen, one of the largest law firms in the Netherlands, is expanding its transport law team. Effective October 15, three partners and three associates are joining AKD from the Rotterdam office of law firm NautaDutilh. Frans de Vries Lentsch. Also making the move are Emily Derogee van Roosmalen, who heads up the Netherlands arbitration platform, Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA), Taco van der Valk, researcher, maritime and transport law, and Haco van der Houven van Oordt. They will join AKD's existing transport and insurance division, which currently has two partners, Leo Boersen and Carel van Lynden.

Netherlands Changes Ship Registration Law

Recent changes to Dutch law safeguarding the right of free establishment in Europe mean that ship registration regulations in the Netherlands have been relaxed. The recent change brings Dutch law in line with a 2004 European Court of Justice decision which ruled that Dutch national law, although apparently in accordance with the UN Convention on the Law of the Sea which requires a “genuine link between the State and the ship,” contravened European law by being too restrictive. In the past companies could only register their vessels in the Netherlands if: At least two-thirds of the ship was owned by a European Community (EC) or European Economic Area (EEA) national company, and the business of the vessel was conducted by EC or EEA nationals through a Netherlands-based office.

Brudzinski Selected as USCG Chief Judge

Judge Walter J. Brudzinski

Judge Walter J. Brudzinski has been selected for the position of Chief, Administrative Law Judge, U.S. Coast Guard. In this capacity, Chief Judge Brudzinski will provide supervision and administration of the Coast Guard Administrative Law Judge program. Judge Brudzinski has more than 16 years of experience as an Administrative Law Judge and has been with the U.S. Coast Guard since 2003. Prior to his initial Administrative Law Judge appointment in 1996 with the Social Security Administration…

EU: Ships Will Measure CO2 Emissions

Shippers to begin monitoring from 2018; Environmental groups say law is weak, shippers favorable. The shipping sector will for the first time have to monitor its carbon emissions under a law agreed by the European Union on Wednesday, intended as a step towards tackling a growing source of pollutants linked to climate change. International shipping accounts for around 3 percent of the world's emissions of carbon dioxide, a share which could increase to 18 percent by 2050 if regulation is not in place, according to the International Maritime Organisation (IMO). The law stops short of including shipping in the EU's Emissions Trading System (ETS), the bloc's flagship tool for cutting pollution, but EU officials said it was a step in that direction.

Maritime Reporter Magazine Cover Sep 2017 - Maritime Port & Ship Security Edition

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