American Club Circular No. 3 6/14 1 DECEMBER 05, 2014 CIRCULAR NO. 36/14 TO MEMBERS OF THE ASSOCIATION Dear Member: REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF MARINE POLLUTION FROM SHIPS Members are referred to Circular 39/12 of December 21, 2012 on the Regulations of the People's Republic of China (PRC) on the Prevention and Control of Marine Pollution from Ships ("the Regulations") and the requirement that owners/operators of (a) any ship carrying polluting and hazardous cargoes in bulk or (b) any other ship above 10,000 gt enter into a pollution clean-up contract with a Maritime Safety Agency (MSA) approved ship pollution response company (SPRO) before the ship enters a PRC port. Circular 39/12 informed Members of an amended model spill response contract issued by the China MSA as well as a revised International Group (“IG”) recommended spill response contract, the content of which was consistent with the MSA's revised Detailed Rules at the time. The IG has since reviewed the recommended IG spill response contract wording in the light of the experience gained over the last two years and in discussion with different interested parties. As a result, an amended IG recommended spill response contract wording is attached as an Annex to this Circular, with the following footer: "IG Sample Agreement dated 20 November 2014". The wording of the new recommended contract remains consistent with the Regulations and the MSA's Detailed Rules, and takes account of concerns raised with regard to the payment period to SPROs under contract for undisputed sums during the course of an incident, whilst ensuring that the period continues to provide sufficient time to check invoices and documentation provided as evidence of costs incurred. Since many owners will be signing new spill response contracts with SPROs in the near future, it is recommended that owners sign on the basis of the new IG recommended contract wording. It will not be necessary for owners to change existing spill response contracts with SPROs (that are based on the current IG sample agreement wording with footer “IG Sample Agreement dated 20 November 2012”) where such contracts have not yet expired. Any Member requested to agree to a variation of the attached recommended contract is advised to check with the Club to ensure that such variations do not cause the contract to fall outside the scope of the IG Guidelines. If Members are in any doubt about a particular contract, it is recommended that they contact the Managers before contracting with any SPRO. Yours faithfully, Joseph E.M. Hughes, Chairman & CEO Shipowners Claims Bureau, Inc., Managers for THE AMERICAN CLUB All Clubs in the International Group of P&I Clubs have issued similar circulars. IG Sample Agreement dated 20 November 2014 page 1 Annex 附件二 中国海事[2012]版 China MSA [2012]Version 协议编号： Agreement No.: 船舶污染清除协议 （样本） Agreement for Ship Pollution Response (Sample) 中华人民共和国海事局制 Printed by Maritime Safety Administration of the People’s Republic of China IG Sample Agreement dated 20 November 2014 page 2 协议样本说明 Introduction to the Sample Agreement 一、 为了有效实施船舶污染清除协议管理制度，根据《中华人民共和国船 舶污染海洋环境应急防备和应急处置管理规定》第二十九条的规定,制定船 舶污染清除协议样本（以下简称本协议）。 1. This Sample Agreement for Ship Pollution Response (hereinafter referred to as “this Agreement”) is formulated in accordance with the provisions of Article 29 of the Regulations of the People’s Republic of China on Emergency Preparedness and Response on Marine Environm