OPA 90 and CLC 92 compared Comparison of the Oil Pollution Act 1990 and the Civil Liability Convention 1992. Table I OPA 90 CLC 92 Liable parties Owner, operator, bareboat charterer, or a third party whose sole action causing pollution damage Registered owner (operator, manager, charterer are protected from being sued under the CLC or domestic law unless pollution damage was caused by his willful misconduct – so-called channeling clause or channeling mechanism) Complete defense Act of war (must be the sole cause of the spill) Act of God (must be the sole cause of the spill) Act of war (no requirement on “sole cause”) Act of God (no requirement on “sole cause”) Conditional defense Act of a third party, only if RP exercised due care and took precautions against foreseeable act of third party. Act of a third party (must be the sole cause of the spill) Government negligence (must be the sole cause of the spill) Loss of defense RP loses defense if he fails to 1)report a spill, 2)cooperate in response, 3)follow USCG orders No Limits of liability 3,700/gt for single hull tankers (minimum $27,422,200 for tankers over 3,000 tons and $7,478,800 for small tankers and barges under 3,000 tons) 2,300/gt for non-single hull tankers (minimum $19,943,400 for tankers over 3,000 tons and $4.985,900 for small tankers and barges under 3,000 tons) 1,200/gt for nontank vessels (minimum $997,100)   Test for breaking limitation Gross negligence or willful misconduct; Violation of a federal safety, construction, operation regulation; or Failure to 1) report, 2) cooperate, 3) follow USCG Order “Personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result” Scope of application Apply to spills or threats of spills occurring within EEZ by all types of vessel, all types of oils Spills or threat of spills occurring within EEZ of a contracting State from a tanker constructed for carrying persistent oil in bulk