Friday, 4 March 2016

Company News

 

CMA-CGM

 

The CMA CGM Group has announced that it will deploy starting end of May its flagship fleet of six 18,000 TEU vessels between Asia and the West coast of the U.S
In total, 6 ships of 18,000 TEUS will join the Pearl River Express service; a series of 6 ships bearing the names of great explorers

For their Indian Subcontinent/Middle East Gulf and Douala they have announts the improvement of its service from Indian Subcontinent and Middle East Gulf to Cameroon.To increase the reliability of its service to Douala, CMA CGM will connect the cargo at Pointe Noire instead of Cotonou. Cargo from India/Middle East Gulf will then benefit from a fortnightly service to Douala with a 5-day gain in transit time.

Hapag Lloyd

Hapag-Lloyd existing weekly North China India service (NCI) will be upgraded. With the restructured service, Hapag-Lloyd will have a direct Mundra call in order to provide connectivity to the comprehensive, global service network

Vessel Arrest

 The "Magic Orient" has been arrested in Singapore by the Supreme Court of Singapore on 29, 2016 at 8 p.m. local time following action by the local law firm Haridass Ho & Partners.


Ships in trouble

M.V MFV Z90 Francine

The "Francine - Z 90" suffered a fire in the afternoon of Mar 2, 2016, 32 miles south of Lizard Point in the English Canal. The Lizard lifeboat was launched, a helicopter of the Coastguard airlifted three injured crewmen

M.V. Lizrix

The vessel with a crew of eight on board alerted the CROSS Gris Nez after having suffered a damage of its propulsion system in the traffic separation scheme of the Pas de Calais. The unloaded ship was adrift about nine nautical miles from Calais.

M.V. Amadeus Amethis

 The "Amadeus Amethist" got in difficulty off Fécamp on Mar 3, 2016 in rough seas with waves of four to five meters and winds of 74 km/h. The vessel, which was coming from Antwerp and bound to Fécamp with a crew of eight on board, suffered engine failure and dropped anchor. Three tugs arrived shortly before noon. Two were sent by the maritime prefecture (Premar) Channel and another was mobilized by the owner. The Navy also sent a helicopter. In the late morning, the ship regained its propulsion and reached the port of Fécamp in the late afternoon.



Thursday, 3 March 2016

EU Anti-dumping increase imports from China and Thailand



The European Union has advised that anti-dumping protection for hand pallet trucks will expire later this year, potentially opening the door for increased imports from China and Thailand.

The European regulators imposed restrictions in 2011 on the import of hand pallet trucks and parts from the two nations at the request of BT Products AB and Lifter SRL.

An investigation at the time found that imports from China were "clearly (undercutting) the prices of the Union industry by between 43% and 78%". Chinese imports accounted for almost 85% of the European market before the introduction of anti-dumping measures and threatened the viability of European producers.




Port News

 

Singapore

It has been reported that a few moments ago a shore crane collapsed in Sembcorp Marine's Tanjong Kling yard damaging a jackup rig, new building and injuring workers,


Nacala Mozambique

The town of Karadeniz will start during the next two weeks to supply electricity to Zambia from their generating ship as it takes advantage of the serious shortages in Africa. One of the vessels at Mozambique's Nacala port will supply a 100 megawatts for the next two years.

Gothenburg

The port is expanding with the constructions of a new terminal at the outer port area. The expansion is the largest since the 1970's 

Seattle

CMA megaship makes its first call at Seattle. This is the largest cargo ship to visit the US.

Georgetown

ZIM is to launch a new Guana and Suriname Express service with a route of Georgetown JFT - Monday/Tuesday - Paramaribo - Thursday/Friday  with 2 1100 TEU vessels

*Sanctions

New UN sanctions on North Korea 2nd March 2016

The UN Security Council has passed a resolution imposing new sanctions on North Korea. These sanctions:

  1. require inspection of all cargo leaving or entering North Korea by sea or air;
  2. ban all sales or transfers of small arms and light weapons to North Korea;
  3. ban the export from North Korea of coal, iron, and iron ore being used to fund North Korea’s nuclear or ballistic missile programmes;
  4. ban the export from North Korea of gold, titanium ore, vanadium ore, and rare earth minerals;
  5. ban the export to North Korea of aviation fuel, including kerosene-type rocket fuel;
  6. prohibit the export to and from North Korea of several new luxury items, including snowmobiles, recreational water vehicles, luxury watches, and lead crystal;
  7. require member states to expel North Korean diplomats who engage in “illicit activites”;
  8. ban North Korea from chartering vessels or aircraft, and call on countries to de-register any vessel owned, operated, or crewed by North Korea;
  9. prohibit the opening of new branches, subsidiaries, or representative offices of North Korean banks in member states;
  10. prohibit financial institutions from establishing new joint ventures, or maintaining or establishing correspondent relationships with North Korean banks;
  11. require that member states close North Korean banks in their jurisdictions and terminate banking relationships with them within 90 days;
  12. require member states to impose asset freezes on entities linked to North Korea’s nuclear and missile programmes (previously they were only encouraged to do this); and
  13. impose asset freezes and travel bans on 16 people and 12 entities, including the agency responsible for North Korea’s rocket launch in February. 31 ships owned by Ocean Maritime Management Company will also be designated.
If  you would like a copy of the EU Best Practise for effective implementation concerning restrictive measures contact me john.edson@felixstowe-ac.co.uk of through our help line +44(0)1394 458554 

Wednesday, 2 March 2016

European Sanctions Update

 

Halliburton subsidiary agrees OFAC penalty for Cuba violations

 

 

Halliburton Atlantic Limited (HAL) has agreed to pay $304,706 to settle its potential liability for violations of US sanctions on Cuba.  The violations related to transactions worth $1,189,752, with a base penalty of $423,202 and a maximum of $1,235,000.

Between February and April 2011, HAL and its affiliate Halliburton Overseas Limited (HOL), both subsidiaries of US company Halliburton Energy Services, are said to have violated US sanctions by dealing in property in which Cuba or a Cuban national had an interest.  The violations occurred when HAL and HOL exported goods and services for use by a consortium in oil and gas exploration within the Cabinda Onshore South Block oil concession, in which Cuba Petroleo, a state-owned Cuban company, had a 5% interest through the consortium.

OFAC said the subsidiaries acted with “reckless disregard” for US sanctions, and should have known that a Cuban entity belonged to the consortium, but the violations were voluntarily disclosed and were a “non-egregious case”.  OFAC also noted, in mitigation, that Cuba Petroleo’s interest in the concession was only 5%, which limited the extent of the economic benefit provided to Cuba. OFAC’s enforcement notice


Tuesday, 1 March 2016

Sanctions

 

Let us know which countries you would like to receive updates?

Switzerland follows EU on Belarus sanctions

 

Switzerland has followed the EU in lifting its asset freezes and travel bans that relate to all but 4 people on its sanctions against Belarus . The Swiss government’s notice is here and its consolidated list of Belarus targets is here.

As foreshadowed  the EU has now published measures extending its asset freezes and travel bans against Belarus until 28 February 2017 only in relation to 4 people – all of whom are said to be involved in the unresolved disappearances of 2 opposition politicians, a businessman, and a journalist. The 4 people still subject to sanctions are:
  1. Vladimir Naumov – Former Minister of Interior and former Head of the President’s Security Service
  2. Dmitri Pavlichenko – Former Head of the Special Response Group at the Ministry of Interior
  3. Viktor Sheiman – Head of the Management Department of the President’s Administration and former Secretary of the Security Council
  4. Iury Sivakov – Former Minister of Interior, Minister of Tourism and Sports, and former Deputy Head of the Presidential Administration.
Sanctions have been lifted in relation to President Lukashenko, 3 defence companies said to have close ties to the government in Minsk, and 169 others, in relation to whom sanctions had been suspended since 31 October 2015.

The renewal is made by Council Implementing Regulation (EU) 2016/276 implementing Council Regulation (EC) 765/2006 and Council Decision (CFSP) 2016/280 amending Council Decision 2012/642/CFSP.   The EU’s notice to the 4 people still subject to sanctions is here 


EU Scrutiny Committee clears new CAR listings

The House of Commons EU Scrutiny Committee has cleared EU measures listing Haroun Gaye and Eugene Barret Nagikosset on EU sanctions against the Central African Republic (see previous from scrutiny.  The Committee said that Minister for Europe David Lidington had explained clearly and convincingly why the listings were appropriate, for undermining attempts to bring peace, reconciliation, and democracy to “this deeply traumatised country”.  As is often the case, the Minister approved the measures before the Committee had a chance to scrutinise them; the Minister said this was because the “rapid transposition of UN sanctions designations into EU legislation is highly desirable…and ensures the effectiveness and credibility of the sanctions regime”.

The House of Commons European Scrutiny Committee has cleared measures published by the EU in November 2015 relisting the Oil Industry Pension Fund Investment Company in its targeted Iran sanctions. OPIC is one of several people and entities to have been re-listed on the EU’s sanctions lists following a successful annulment application in the European court

Although it cleared the measures, the Committee noted that the standard by which Minister for Europe David Lidington assessed the evidence for OPIC’s relisting, that it was “sufficient for the Council, in the event of a challenge, to defend its relisting decision”, was lower than the standard sought by the Committee when it first considered the matter, that the evidence “was sufficiently robust either to deter or to withstand further legal challenge”. The Committee also criticised Mr Lidington’s reasons for not providing information to Parliament on what public domain information is held by the Council in relation to OPIC, and stated that it finds it unlikely that either the UK Government or the EU Council will be able to enforce the confidentiality of this information or sustain it if challenged.  The same Committee kept the re-listings of the National Iranian Tanker Company (NITC) and Mr Golparvar under scrutiny last March

 EU Scrutiny Commitee clears OPIC relisting

he House of Commons European Scrutiny Committee has cleared measures published by the EU in November 2015 relisting the Oil Industry Pension Fund Investment Company in its targeted Iran sanctions   OPIC is one of several people and entities to have been re-listed on the EU’s sanctions lists following a successful annulment application in the European court

Although it cleared the measures, the Committee noted that the standard by which Minister for Europe David Lidington assessed the evidence for OPIC’s relisting, that it was “sufficient for the Council, in the event of a challenge, to defend its relisting decision”, was lower than the standard sought by the Committee when it first considered the matter, that the evidence “was sufficiently robust either to deter or to withstand further legal challenge”. The Committee also criticised Mr Lidington’s reasons for not providing information to Parliament on what public domain information is held by the Council in relation to OPIC, and stated that it finds it unlikely that either the UK Government or the EU Council will be able to enforce the confidentiality of this information or sustain it if challenged.  The same Committee kept the re-listings of the National Iranian Tanker Company (NITC) and Mr Golparvar under scrutiny last March

4 indicted in USA for violating Iran sanctions

 4 men have been indicted in the USA for conspiring to violate US sanctions by exporting technical equipment with apparent applications in the oil and gas industry to Iran.  The indictment alleges that Shahin Tabatabaei, a Canadian national, ran companies in Mexico and Canada that shipped US goods through Turkey or the UAE into Iran between 2007 and 2011, and that he falsely stated in his paperwork that the goods would not be exported to countries where doing so was prohibited by sanctions. According to the FBI, Mr Tabatabaei was arrested at the US-Canada border last week.

Another of those indicted is Canadian Mohammad Fatemi, from whom Mr Tabatabaei rented office space until 6-8 months ago.  He is alleged to have shipped prohibited goods to co-conspirators in the UAE.  The others are Abbas Moradi and Amirreza Sahebjamei, both based in Iran, who are alleged to have collected orders from Iranian companies, sent those orders to Mr Tabatabaei, and facilitated payments to Mr Fatemi.

UK order to de-proscribe international Sikh Youth Federation

 

 On Monday (22 February 2016), the Home Secretary Theresa May laid before Parliament an order to remove the International Sikh Youth Federation (ISYF) from the UK’s list of organisations proscribed under the UK Terrorism Act 2000.
The Home Secretary has the power to proscribe organisations that she considers to be “concerned in terrorism”, for example by participating in, preparing for, or promoting acts of terrorism.  The effect of proscription is that it is a criminal offence for a person to belong to, invite support for, arrange a meeting in support of, or wear or display articles in public which arouse suspicion that they are a member of that organisation. The ISYF was proscribed in March 2001, and lodged an application for de-proscription and an appeal to the Proscribed Organisations Appeal Commission (POAC) last year.  The Home Secretary has now concluded that the statutory test is not met, and that there is insufficient information that the ISYF is currently concerned in terrorism and so their application should be granted.

This is the second time on which the Government has laid an order to de-proscribe a group before Parliament since the Act came into force in 2001.  The first was in 2008, removing the Peoples’ Mojahedin of Iran (the PMOI, or MEK) after a POAC judgment and appeal to the Court of Appeal.
ISYF remains proscribed until Parliament has agreed that the order should come into force, under the affirmative resolution procedure. The House of Commons will debate the order on 15 March 2016. Guidance on UK proscribed organisations is here  Maya Lester acted for the ISFY before POAC.

UK Government seeks to increase sanctions enforcement powers

 The UK government has introduced legislation to Parliament that, if passed, would increase the available prison sentences for financial sanctions violations and create new powers for the Treasury to impose civil fines on those it believes to have committed a sanctions breach.
Sections 89 and 90 of The Policing and Crime Bill increase the available sentence for most sanctions violations, including new offences, on summary conviction from 6 months to 12 months, and on conviction on indictment from 2 years to 7 years.  Under section 91, it also grants the Treasury the power to impose a civil fine of the greater of £1,000,000 or 50% of the estimated value of the funds or resources involved, where applicable, when it is satisfied on the balance of probabilities that a person has breached sanctions.

The proposed new power to impose civil penalties on violators is redolent of powers already enjoyed by US enforcement agency OFAC, and would represent a substantial increase in the potency of enforcement powers available in the UK

 HM Treasury renews asset freeze against Khalid Sheikh Mohammed


HM Treasury has renewed the sanctions designation of Khalid Sheikh Mohammed for 1 year until 12 January 2017.  As a result, he will continue to be subject to an asset freeze under the Terrorist Asset Freezing etc. Act 2010.
Khalid Sheikh Mohammed is said to be the principal architect of the 9/11 terrorist attacks, and is currently detained at Guantanamo Bay under US custody.


UK publishes updated strategic export control list

 The UK’s Export Control Organisation, the governmental body responsible for issuing licences for the export of military and other strategic goods from the UK, has published an updated version of its consolidated list of items requiring export authorisation.  The updated list has been published following changes made in October 2015 to controls on dual-use goods, software, and technology by the European Commission in order to implement amendments to several multilateral regimes.  The changes relate primarily to new controls on machine tools, avionics technology, spacecraft equipment, and civil UAVs, and also remove from control certain encrypted information security products. 

Full details on request 

Guidance for information; operating within counter-terrorism legislation

 
While this note has been drafted primarily for international non-governmental organisations it has relevance to other sectors.

Does counter-terrorism legislation prevent organisations from operating overseas?

No, in the government’s assessment existing terrorism (or other) legislation does not prevent organisations, including non-governmental organisations (NGOs), from operating overseas, including in areas where terrorist groups operate. This can involve very finely balanced judgments for non-governmental organisations, but this is an inherent risk for any organisation operating in high threat areas overseas. It remains the responsibility of non-governmental organisations or other parties to ensure that their activity complies with UK law and to take reasonable steps to reduce the risk of non-compliance.

Prosecution

Will I be prosecuted in the UK as a result of my involvement in legitimate humanitarian or conflict resolution work?

The risk that an individual or a body of persons corporate or unincorporated will be prosecuted for a terrorism offence as a result of their involvement in humanitarian efforts or conflict resolution is low


While this note has been drafted primarily for international non-governmental organisations it has relevance to other sectors.

Does counter-terrorism legislation prevent organisations from operating overseas?

No, in the government’s assessment existing terrorism (or other) legislation does not prevent organisations, including non-governmental organisations (NGOs), from operating overseas, including in areas where terrorist groups operate. This can involve very finely balanced judgments for non-governmental organisations, but this is an inherent risk for any organisation operating in high threat areas overseas. It remains the responsibility of non-governmental organisations or other parties to ensure that their activity complies with UK law and to take reasonable steps to reduce the risk of non-compliance.

Prosecution

Will I be prosecuted in the UK as a result of my involvement in legitimate humanitarian or conflict resolution work?

The risk that an individual or a body of persons corporate or unincorporated will be prosecuted for a terrorism offence as a result of their involvement in humanitarian efforts or conflict resolution is low.

Has anyone involved in legitimate humanitarian or conflict resolution work been prosecuted for a terrorism offence?

We are not aware of any recent UK prosecutions of NGOs or their staff for terrorism offences.

Who makes the decision to prosecute?

Prosecution decisions are taken independently of government and will be made on a case by case basis depending on the particular facts and circumstances. More generally, it is important to recognise that any potential prosecution would have to go through a number of stages before a decision to prosecute was made:
  • police identify that a crime may have been committed
  • police decide whether or not to investigate
  • police investigate and, if they consider that there is sufficient evidence to charge, refer the case to the Crown Prosecution Service
  • Crown Prosecution Service consider whether there is sufficient evidence to prosecute
  • Crown Prosecution Service consider whether a prosecution is required in the public interest (in line with the Code for Crown Prosecutors)
  • if the offence requires the consent of the Attorney General (as many offences under the terrorism legislation which concern the affairs of another country do) the Crown Prosecution Service refer the case to the Attorney General
  • the Attorney General decides whether the prosecution should proceed, considering the sufficiency of evidence and the public interest in bringing proceedings
.

Trade News

 

EU, Canada make breakthrough on trade deal

(BRUSSELS) - The European Union and Canada announced a major breakthrough towards completing a delayed free trade deal on Monday with hopes that the accord could be in effect next year.

Canadian and European leaders formally concluded the deal in 2014, but implementation has been delayed due to last-minute objections in Europe over provisions to create an investment protection system that would help protect companies from government intervention.

This system is key to a similar but far more ambitious agreement currently under negotiation between the EU and US and has drawn fierce criticism, especially in powerful Germany where hundreds of thousands of people rallied in October to oppose both accords.
Opponents say the measure favours big business, which could fight local rulings -- such as health and safety regulations -- that violate the trade deal and threaten their investments.
"Canada and the European Commission are very pleased to announce that the legal review of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) ... has been completed," EU Trade Commissioner Cecilia Malmstroem and Canada's Trade Minister Chrystia Freeland said in a statement.

"We are confident that CETA will be signed in 2016 and enter into force in 2017," they said.

Dutch win approval to renew beef exports to US

 he Netherlands has won US approval to renew exports of beef and veal to the United States, ending a ban imposed almost two decades ago because mad cow disease.

Thousands march in Brussels against cheap Chinese steel imports

Thousands of European steelmakers descended on the EU capital Brussels on Monday demanding that officials do more to stop the flood of cheap imports from China

Friday, 26 February 2016

Port News

 

Egypt - New Suez Shipping Lane

The shipping lane runs parallel to Port Said and allows vessels to sail in both directtion  and will allow lower sailing times.

Jebel Ali

DP world signs constructions contract to expand Jebel Ali Port which includes extending the quay by 1,200m

St Petersburg's new port

The new deep water port aims to become Russia's major hub for cargo and container shipping (despite industry slump)

Company News

German shipping company in Limassol is being investigated for tax fraud.

details to follow

Trade News

Mecosur makes EU free trade offer prior French visit

South American bloc Mercosur is offering to open up 93 percent of its trade to competition from the European Union to seal a long-sought free-trade deal, Uruguay's president said Monday.

 

 US, EU opens free-trade talks in Brussels

Top negotiators on a huge transatlantic trade treaty between the EU and US opened new talks on Monday with the aim to tackle one of the deal's most controversial aspects.

China's industrial overcapacity damaging global economy; study

China's overcapacity in heavy industries is wreaking "far-reaching" damage on the global economy, with steel production "completely untethered" from market demand, the European Union Chamber of Commerce in China said Monday.