pi_circular Cargo riskCompliance & regulation Skuld
Loss prevention: Nickel ore mines which operate while under a suspension order issued by the Department of Environment and Natural Resources (DENR) The Association refers to the last report on this matter on 29 September 2016. Since that date it has come to the Association's attention that nickel ore mines which operate while under a suspension order can result in vessel delay and/or detention if the mine in question does not have an Ore Transport Permit (OTP) and/or a Mineral Ore Export Permit (MOEP). Vessels can be subject to surprise inspection and crew subject to interrogation and subpoenas. We are aware of at least one vessel that has been subject to such an inspection and is still under detention pending the resolution of the matter with local authorities. While this should be a matter for charterers and shippers, it is clear that owners, the vessel and crew can get caught up in what is essentially a local dispute. Failure to have an OTP and MOEP is a breach of local regulations that could expose owners to fines or other sanctions beyond the delay to the vessel and also may expose the master and crew to criminal penalties. The situation is uncharted at present so it is not possible to say with any certainty what the legal effect on owners, the vessel and crew would be for breach of these local environmental regulations. We suggest that if members intend to do this trade that they check beforehand which mine or shipper is involved and that the relevant party is not on a suspension or banned list or in breach of local regulations regarding the OTP and MOEP. Members should be warned that failure to make these checks and subsequent breach of local regulations as a result of dealing with mines that have been suspended and or banned or served with suspension orders may mean P&I cover for claims arising as a result is prejudiced. We refer members to the Associations Rule 30.4.3: Rule 30.4.3: " liabilities, costs or expenses which arise out of or are c
Philippines: Nickel ore loading - latest update
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