BIMCO has issued a warning about the use of unauthorised versions of BIMCO documents, a damaging practice that can have unexpected and costly implications because the law assumes that parties will have read their contract and so a later argument that the content was not as expected is unlikely to succeed.
In its notice dated 28 August, published at www.bimco.org, BIMCO states:
The unamended terms set out in a standard BIMCO form can be relied upon as a true version of the document or provision and so there is no need to proof read the content to establish its authenticity. However, this is not necessarily the position with an unauthorised edition which might have the outward appearance of a BIMCO standard form but nevertheless contains subtle amendments. Differences that might arise are, for example, adjustments to wording that change the allocation of risk and responsibility, the inclusion of additional liabilities or perhaps insertion of the York Antwerp Rules 2004 which are less favourable to owners than the 1994 Rules. As well as the risk of more onerous terms being surreptitiously introduced into a contract, the resulting changes might create conflict between charter party and bill of lading terms and possibly prejudice P&I Club cover.
One of the objectives of BIMCO’s development of standard form documentation is to eliminate the time-consuming task of having to check every line in the clean version of a contract to verify the authenticity of each provision. Use of authorised documents thus enables market users to be confident that the content does not require proof reading….
….If there are any doubts about the authenticity of a BIMCO provision, a copy should be sent to the Documentary Affairs Department, if possible indicating the source. Information which enables the origin of a counterfeit document to be identified will be rewarded with idea prints in recognition of the assistance given to help BIMCO put an end to the circulation of fake forms. Contact: firstname.lastname@example.org
For information about operations around the world, contact the respective GAC office. For details, go to www.gac.com/worldwide
NATO Operation Active Endeavor continues
This MARAD Advisory provides guidance to vessels transiting and operating in the waters of the Mediterranean Sea.
U.S.-flag operators with ships in the affected area are requested to forward this advisory to their ships by the most expeditious means.
Under Operation Active Endeavor (OAE) NATO ships are patrolling the Mediterranean and monitoring shipping to help deter, defend, disrupt and protect against terrorist activity. The operation, carried out under article 5 of the NATO Charter and consistent with international law, evolved out of NATO’s immediate response to the terrorist attacks against the United States of 11 September 2001 and, in view of its success, is being continued. See NATO website at www.nato.int/cps/en/natolive/topics_7932.htm.
Under OAE NATO ships hail vessels and request identification and other information. Boarding of vessels may be requested, and is carried out only with the consent of the master and/or the flag state. Non-compliant vessels are reported to appropriate law enforcement organizations and shadowed until action is taken by a responsible agency/authority or until it enters a country’s territorial sea.
U.S.-flag vessels hailed by NATO warships under OAE should cooperate to the extent possible without jeapordizing the safety and security of the vessel, crew, or cargo. In the event the vessel cannot fully cooperate with OAE, provide the hailing warship the vesssel name, IMO number and company security officer contact information, and report the circumstances immediately to the company security officer.
Report any suspicious activity or information to NATO warships or NATO Shipping Center, phone: 44 192 395 6574, e-mail: email@example.com
MARAD advisories are published on the MARAD web site at www.marad.dot.gov and on the Maritime Safety Information web site: msi.nga.mil/ngaportal/msi.portal under “Broadcast Warnings”, select MARAD Advisories.
For further information regarding this advisory, contact Captain Robert Ford, Maritime Administration, Office of Security, Code: Mar-420, Room W25-308, 1200 New Jersey Ave, S.E., Washington, DC 20590, Telephone 202-366-0223, Fax 202-366-3954, Tlx II 710.822.9426 (MARAD DOT WSH), or email: firstname.lastname@example.org
(For information about operations in the Mediterranean region, contact the respective GAC office. Details may be found at www.gac.com/worldwide)
Source: USA Marine Administration (MARAD) Advisory No.2014-01 dated 28 August 2014
Salvage of Wreck off Stonecutters Island
August 29, 2014, Hong Kong, Hong Kong
For approximately 3 weeks, salvage operations to remove a wreck will be carried out [off Stonecutters Island] within an area bounded by straight lines joining the following coordinates (WGS84 Datum) from (A) to (D):
(A) 22° 18.860’N / 114° 08.590’E
(B) 22° 18.800’N / 114° 08.590’E
(C) 22° 18.800’N / 114° 08.510’E
(D) 22° 18.860’N / 114° 08.510’E
The works will be carried out round-the-clock daily by a group of vessels comprising of two crane barges, one tug, one launch and one work boat. The number of vessels engaged in the works will change from time to time to suit operational requirements.
Vessels engaged in the works will remain in the working area and display signals as prescribed in international and local regulations. Yellow marker buoys fitted with yellow flashing lights will be laid to mark the positions of the anchors extending from the barges.
Diving operations will be carried out from time to time during the works. Vessels navigating in the vicinity should proceed with caution and keep well clear at slow speed, bearing in mind there are divers working in the area.
(For information about operations in Hong Kong contact GAC Hong Kong at email@example.com)
Source: Government of Hong Kong SAR Marine Department Notice No.106 of 2014
Bosphorus to close to transits
August 29, 2014, Turkey, Turkish Straits
The Bosphorus will be closed to transits on Monday (1 September) during the northbound passage of the platform Castoro Sei to Burgas.
For information about operations in the Turkish Straits contact GAC Istanbul at firstname.lastname@example.org
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