6th May 1998 TO ALL TANKER MEMBERS Dear Sirs, BLUE CARDS CLC CERTIFICATES 1969 AND 1992 CIVIL LIABILITY CONVENTIONS Members are referred to Circular No. T:024 of 5th January 1998. As stated in that Circular, from midnight on 15th May 1998 two separate regimes will be in force: the 1969 Civil Liability Convention (CLC) and the 1992 CLC. It may therefore be necessary for ships to carry on board both a 1969 and a 1992 certificate after that date. A list of States which will be parties to the 1992 CLC as from midnight on 15th May 1998 is attached as Annex 1. A list of States which will be parties to the 1969 CLC as from midnight on 15th May 1998 is attached as Annex 2. TANKERS FLYING THE FLAGS OF 1992 CLC STATES OR THE FLAGS OF STATES WHICH ARE NOT PARTIES TO EITHER THE 1969 OR THE 1992 CLC This section is only applicable to ships flying the flags of a State party to the 1992 CLC (see Annex 1) or of States which are not parties to either 1969 or 1992 CLC, i.e. States which are not listed in Annex 1 or Annex 2. IMO Legal Committee discussions The problem of certificates was discussed at the Legal Committee of the International Maritime Organisation (IMO) when it met in London on 20th-24th April 1998. At the end of the week the Committee issued the attached circular (Annex 3). The Committee recommends that: (a)where legally possible in accordance with their national law, States party to the 1969 CLC accept CLC certificates issued by States party to the 1992 CLC as proof that a ship has insurance cover as required by the 1969 CLC; and (b)States party to the 1969 CLC continue the established practice of issuing 1969 CLC certificates to ships flying the flag of non-party States and accept such certificates issued by other States party to the 1969 CLC. Effect of IMO Legal Committee Recommendations (A)Some 1969 CLC States have in place legislation which will not permit them to accept 1992 CLC certificates in place of 1969 CLC certificates e.g. Canada and Italy. It will be necessary when calling at these countries for ships to have on board a 1969 CLC - 2 certificate. Panama has indicated that it would be prepared to provide 1969 CLC certificates for 1992 CLC flag ships. These certificates can be obtained in exchange for a blue card addressed to the Panamanian Registry on application to the Panamanian Consulates in London, New York or Tokyo. The cost of the certificate will be USD100. The addresses of the Consulates are: Consulate General of Panama, Panama House, 40 Hertford Street, London, W1Y 7IG, United Kingdom Tel: + 44 171 409 2255 Fax: + 44 171 493 4499 Consulate of New York, Mr. Francisco Iglesias - Consul, 1212 Avenue of the Americas, 10th Floor, New York, N.Y. 10036, U.S.A. Tel: + 1 212 840 2450 Fax: + 1 212 840 2469 Consulate of Tokyo, Mr. Mario Medaglia O. - Consul, Kowa Building, No.5 R, 802, 4-15-23 Nishi Azabu, Minato-Ku, Tokyo 106, Japan Tel: + 81 3 3499 3661 Fax: + 81 3 3499 3666 It is likely that other 1969 CLC States will also be prepared to issue certificates. (B)Some 1969 CLC States have indicated that they would not insist on the carriage on board of a 1969 CLC certificate provided that the ship carries on board a 1992 CLC certificate and a 1969 CLC blue card addressed to a 1969 flag state. Malaysia is one such State. (C)Some 1969 CLC States have agreed to accept 1992 CLC certificates as evidence of 1969 CLC liabilities, e.g. Indonesia. In order to ensure world-wide trading, ships flying the flag of 1992 CLC States and ships fl