PowerLogistics Asia 2014 - Latest Developments on Project Logistics Related Contracts – Thomas Timlen, BIMCO
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BIMCO is an international membership organization with over 2,500 members across 123 countries, focusing on maintaining updated shipping contracts and advocating for the industry. It provides a variety of standard contracts, including those for heavy lift shipping, and addresses compliance with maritime labor conventions. Recent developments include clauses for the Maritime Labour Convention 2006, which allocate responsibilities for compliance concerning charterers' personnel.
PowerLogistics Asia 2014 - Latest Developments on Project Logistics Related Contracts – Thomas Timlen, BIMCO
- 1. Thomas Timlen Asia Liaison Officer
- 2. Agenda: next 20+ minutes • BIMCO Briefly • BIMCO Contracts for: • Heavy Lift & Project Cargos • Related Developments • The idea2 contract editor
- 4. Coal miners
- 5. 109 years later… • International membership organization • 2500 members in 123 countries
- 6. Diversity: Members •Owners • Port agents • Brokers • Insurers •Lawyers • Educational institutions •PMSCs
- 7. Diversity: Owner Members • Dry Bulk • Tankers • Containers • Heavylift • Offshore • Tugs • Barges • Crewboats
- 8. Diversity: Staff • Mariners •Captains • Chief Engineers • Officers • Maritime Lawyers • Brokers • Claims Handlers
- 9. BIMCO’s main activities • Maintain relevant & updated shipping contracts • Unite & Speak for the industry ▫ Internationally ▫ Regionally ▫ Locally • Assist BIMCO members ▫ Provide members with information & guidance ▫ Monitor and inform on rules & regulations
- 10. Meeting industry needs • Goals with BIMCO contracts; • Trade Facilitation • Harmonization • Raising Contractual Standards • Balanced Contracts • Legally Sound Language • Minimize Disputes • Contracts to cover life of the ship
- 11. Contracts & Forms • 100+ standard Contracts • 1909: BALTIME • 2005: GASVOY 2005 • 2007: NEWBUILDCON • 2011: LAYUPMAN • 2012: GUARDCON • 100+ standard clauses • Used in 75% of global shipping transactions 75%
- 13. Intervention
- 15. courses
- 16. elearning
- 17. BIMCO Live • www.bimco.org more than 200.000 pages of relevant information
- 18. BIMCO Contracts for Heavy Lift Shipping • PROJECTCON (2006) • HEAVYCON 2007 • HEAVYLIFTVOY (2009) • SUPPLYTIME 2005/1989 • BARGEHIRE 2008 • TOWCON 2008 • TOWHIRE 2008 • BARECON 2001
- 19. ST revision
- 20. Windtime
- 21. MLC concerns • Definition of “seafarer” under MLC 2006 • Very broad definition • Will vary between different flag states • Ship owner overall responsibility for MLC compliance for “seafarers”
- 22. Photo
- 23. Why MLC 2006 Clauses? • SHIPMAN, CREWMAN and SUPPLYTIME • Personnel on board the vessel not directly employed by owners • Owners’ potential MLC responsibility for such personnel
- 24. Why MLC 2006 Clauses? • Practical problems for owners to comply with MLC in respect of charterers’ or managers’ personnel • Need for delegation from owners to charterers/managers for certain MLC responsibilities
- 25. BIMCO’s MLC 2006 CLauses • Clauses created specifically for SHIPMAN, CREWMAN and SUPPLYTIME • Clauses published on 11 June 2013 • Allocate responsibility for MLC compliance in respect of personnel not employed by the owners
- 26. BIMCO MLC 2006 Clause for SUPPLYTIME • Charterers’ Personnel clearly identified • Charterers ensure compliance with certain requirements as per list from owners and as applicable to charterers’ personnel • Charterers evidence of compliance to owners • Charterers’ indemnity to owners
- 27. BIMCO MLC 2006 Clause for SUPPLYTIME Charterers’ Personnel • any employees, • directors, • officers, • servants, • agents or invitees of each of the Charterers and their contractors, sub-contractors of any tier, • co-venturers and • customers (having a contractual relationship with the Charterers, always with respect to the job or project on which the Vessel is employed) • and of each of their parent, affiliated, related and subsidiary companies, who are on board the Vessel
- 28. BIMCO MLC 2006 Clause for SUPPLYTIME Charterers ensure compliance with; 1. Minimum age; 2. Medical certificate; 3. Training and qualifications; 4. Recruitment and placement; 5. Employment agreements; 6. Wages; 7. Hours of work and rest; 8. Entitlement to leave; 9. Repatriation; 10. Compensation for the Vessel’s loss or foundering; 11. Liability for sickness, injury and death; 12. Health and safety protection and accident prevention, to the extent that these are under the Charterers’ control.
- 29. BIMCO idea2
- 30. Using the MLC Clauses Part 2 idea2
- 31. Thank you BIMCO Asia Representative Office Level 30, Six Battery Road, Singapore 049909 Phone: +65 6321 9116 Fax: +65 6321 9117 Email: [email protected] www.bimco.org