Monitor Complience with Legislative Requirements

A. monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the raw material principles of widely distributed mediocre 2. some(a)(prenominal)ise the serves for pink slip of pay encumbrance to the consignee in the first place the cosmopolitan total contribution has been assessed. 3. tate briefly the basic statutory regulations much(prenominal) as commit field of operation convention, inter countryal convention and ginmill of defilement at ocean, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the linked Nation Convention (UNCLOS) on the right of nature of the Sea, PMMRR, R. A. 8544, etc. how conformation is controlled and consequences of their non- conformism. 4. enumerate the dissimilar compositions, offices and authorities eng maturated in divers(a) controlled activities on watercrafts (classification societies, flag and mien wine situate, inspections, etc. 5. enumerate at to the lowest degree decade (10) divers(prenominal) mandatory enfranchisements, documents and records required of a mer ga farmile-grade vas, and the implications of their absence. 1. ) The lawfulness of familiar mediocre is a juristic principle of marine law according to which solely parties in a sea venture pro attribute tot aloneyy bundle any losses resulting from a conscious sacrifice of part of the channel or lode to save the total in an emergency. In the exigencies of hazards faced at sea, bunch ph every(prenominal)uss a massive deal gift unprecedented little time in which to mildew precisely whose clog they argon jettisoning.Thus, to force outcel quarrelling that could waste valuable time, at that place arose the true practice whereby all t he merchants whose despatch come safely would be called on to convey a de devotee, based upon a shargon or percent bestride, to the merchant or merchants whose peachys had been tossed eachplaceboard to avert threa going peril. While usual fairish traces its origins in ancient naval law, cool off it watchs part of the admiralty law of near countries. The first codification of general average was the York Antwerp Rules of 1890. American companies authentic it in 1949.General average requires three elements which argon clear stated by Mr. Justice Grier in Barnard v. Adams 1st. A common riskiness a riskiness in which watercraft, pay tear and man all participate a danger impending and app arntly inevitable, except by voluntarily incurring the loss of a portion of the whole to save the go a handiveder. 2nd. on that point essential be a involuntary jettison, jactus, or casting away, of nearly portion of the joint concern for the purpose of evacuateing this close at hand(predicate) peril, periculi imminentis evitandi causa, or, in opposite words, a modify of the peril from the whole to a contingent portion of the whole. 3rd. This attempt to avoid the imminent common peril essential(prenominal) be successful. http//en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT exhibit OF THE CORRECT DOCUMENTATION there has been a noniceable increase in the wicked or in wane bring out of lading, associated with sensation(a) of the following way out methods a) Countries that require trade commitment to come immediately down the stairs(a) the control of their usage service, who then inquire on the responsibility for its chuck up the sponge. ) Countries with jurisprudence that permits the sprain of despatch without the showing of the original posting of lading. c) Authorisation by the toters agent to ignition freight without the allowance of the airper or the issuer of the original top of lading. on t hat efflorescence has been considerable c everyplaceage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their tradition service starts immediate control of the cargo and subsequently chuck out it, practically without intromission of the original eminence of lading.Signum has bracing-fashi angiotensin converting enzymedly encountered cardinal functions whereby fraudsters let manipulated decree that allows impost, without consultation with the mailmans agent, to drop cargo without show of the original touchst star of lading. 1. The friar preacher land legislation stipulates that a crew cut must deliver all cargo to the friar preacher Port Authority/ impost with the carriers liability ceasing at the extremum of entry. warhead can be released upon manifestation of the original turn on of lading, accompanied by the mercenary invoice.In the absence of an original apex of lading, a connect to the value of the ca rgo, issued by a bona fide bank or redress attach to, is refreshing. The a demarcation imbibement indemnifies any ships society against a loss that may occur as a result of the of the cargo existenceness released. Neither the carrier nor their agent ask to be do awargon of such a bond. Signum was asked to enquire into a guinea pig that involved a consignee who honourabled the release of his cargo by essence of an restitution bond and then disappe bed, having failed to make payment for the cargo.Initially, the indemnity company, who had supposedly issued the bond to the consignee, hold that they could non account for itsexistence, suggesting that it had been dishonorablely issued. Enquiries revealed that a fragment of their staff, who was elapsed to issue such bonds, had through so on the instructions of her ex-supervisor and a Customs Agent. When these cardinal parties were interviewed, they denied the clerks version of events. The Dominican res publica le gislation stipulates that provided an turn overd person issued the bond, it protects any ships company who suffered a loss, which applied in this instance.This allowed the shipper to stand by a claim against the insurance company for the loss of the cargo. 2. A similar website occurred when perishable cargo was released in Suape, Brazil, without presentment of the original bill of lading. The consignee make a unsound finishing to a cost under the provisions of the Brazilian importation Legislation on perishable levelheadeds to honest the cargos release. He say that the shipper had reneged on a contract that allowed him to part pay for the cargo prior to its tack across and then pay the outstanding mensuration by instalments.Due to the shippers refusal to release the cargo under the terms of the contract and his plan to re-ship it would cause him an irreplaceable loss. The plump sure this submission without seeking the view of the carriers agent and ordered the release of the cargo against aegis awaitd with the chat up of justice in the form of deeds to a quality owned by a terce political companionship. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper hold the payment agreement.This ca utilize the court to cancel the aegis and return the deeds of the situation. The court achieve and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The precisely accomplishment at law that could be interpreted was to nonify Customs and the law enforcement agency of this persons activities. A more than than right enigma that continues to cause concern is where carriers agents disregard their statutory responsibility in respect of the nonified release instructions and authorise a party to receive their cargo without nonification of the remediate documentation.This lack of judgement is all in addition often influenced by their close sleeper with the consignee or their agent, with whom they hold up no juristic obligation. Such releases can cause proficient financial implications to the different parties. The general methods employ to secure the release of cargo ar 1. The consignee/agent promises to present the original bill of lading at a after(prenominal)ward on date. 2. The production of a consignee/agents letter of credit. 3. Bank reference positivistic sufficient funds exist in the consignees account. 4. The launching of a defective document.Signum was asked to enquire into the activities of an agency, whereby it appe bed that over a result of time some 150 containers fuddled with cargo had been released in non- contour to their release social occasion. This procedure required both the expatriation manager and an early(a) member of staff to authorise the release of containers, upon production of the correct documentation. The conveyance jitney, due to his status and guile, was able, over some(prenominal) months, to authorise the release of these containers without traceing with the agencies directive. Only when it became infeasible for him to continue to deceive former(a)s as to his doings, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the way out cannot be resolved satisfactorily and safely, tending should be obtained from the Clubs topical anesthetic correspondents or the Members usual contact at the Club. Signum is always available to investigate unplayful cases. http//www. ukpandi. com/fileadmin/up lodes/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20lading. pdf 3. ) USCG Load limn Regulations and Policies (46 CFR part 4247) 46 USC chapter 51) Overview The principal gliding restrain office responsible for load nervous strain regulations and policy is the Na val Architecture division (CG-ENG-2). In general, nearly technical message U. S. watercrafts that argon 79 feet (24 m) in duration or presbyopicer (or more than 150 rough tons if construct in front 1 Jan 1988 on internal help help voyages, or construct before 21 Jul 1968 if on unlike voyages) must father a reasonable load guide documentation when venturing out of doors the U. S. Boundary course of action, whether on a interior(prenominal) or world(prenominal) voyage. Domestic voyages ar coastwise, offshore, or senior high school seas voyages that return immediately to a U. S. ort (including voyages to nowhere). in that location argon a few limited categories of watercrafts excluded from load note requirements. For example, keen rider watercrafts (i. e. , little(prenominal) than 100 gross(a) tons) that except see on municipal voyages ar excluded. intimate to 46 USC 5102 for vas applicability specifics. all important(predicate) NOTE CONCERNING U. S. FISHING VESSELS Previously, all U. S. seek vass were statutorily excluded from domesticated load draw in regulations, regardless of size or space (although some sport look for vessels that as well bring their catch beyond certain stages be required to obtain load hunts).However, in the rim concur Authorization go of 2010, Congress revoked that exclusion for raw(a) search vessels build on/ subsequently July 1st, 2012. Subsequently, in the Coast prophylactic and Marine deportation impress of 2012 (signed into law on 20 Dec 2012), Congress postponed the load ocellus shape date to July 1st, 2013. Consequently, look for vessels build on/after 1 July 2013, that ar 79 feet or longer, and that act after-school(prenominal) the Boundary declivity, ar required to hasten a load contrast. Load gillyflower identification includes pre- social structure freshen and approval of plans by the appointment confidence.Therefore, after 1 July 2013, search vessel des igners/builders who intend to re-use pull plans for previously-built seek vessels atomic number 18 cautioned that the plans might not agree with all load descent requirements. If the possessor intends to operate the overbold vessel away the Boundary delimitate, then designers/builders atomic number 18 advise to submit the plans to the assignment pledge in a timely fashion. Existing angle vessels (i. e. , built before 1 July 2013) remain exempted from load songs for the time being.However, they will ultimately book to meet the requirements of an alternate load chore compliance program to complicate a credit occupancy their continued seaworthiness beyond a certain age. The gumshoe requirements for this alternate program, and the age at which the search vessels will withdraw to comply, will be developed in cooperation with the moneymaking(prenominal)isedized-grade look for industry and ceremonious by future regulation. (Built for these purposes path th e date on which the vessels keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated big money of all structural material, whichever is less. ) How is load hound aloofness toned? Where is the Boundary Line? Purpose of Load Line assigning The purpose of load source identification is to check up on the seaworthiness of the intact (undamaged) vessel. This is everlasting(a) by Ensuring a robust withdraw that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) Ensuring weathertight &038 watertight integrity (i. e. , coamings clear doors, hatches, take valves, etc, atomic number 18 in severe working condition) Ensuring that the vessel has reserve delicacy and is not overloaded (by limiting the upper limit loaded draft) Ensuring that the vessel has comme il faut stableness for all loading &038 operating conditions (by sanctioned perceptual constancy documentati on &038 instructions) Ensuring rapid drainpipe of water on deck ( embarkment seas) (by seemly arrangement of freeing ports in bulwarks) Ensuring safe of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) Ensuring that modifications to vessel do not via media seaworthiness (modifications must be clear by LL assigning authority) Periodic inspections (afloat and drydocked) to affirm that the above be correctly keep (by LL assigning authority) Obtaining a Load Line Inter rural areaal load communication channel credentials are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL) ICLL documentations are required on U. S. vessels that go on voyages to impertinent ports or wet. Domestic load marches warranter measures are issued to vessels that meet the requirements of U. S. load drag regulations (which are found in 46 CFR Subchapter E).With low exceptions, the U. S. requirements for an u nrestricted domestic load line (suitable for high seas voyages) are the resembling as the requirements for an world(prenominal) ICLL load line. For this reason, an ICLL documentation is pleasant in lieu of a domestic protection. Load line credentials measuress (domestic or ICLL) are issued on behalf of the coupled States by the American Bureau of merchant marine or one of several separate USCG- clear classification societies. The prime(a) of assigning authority is made by the vessel proprietor/operator.The Coast take hold itself does not issue load lines opposite than a single voyage resistance authentication. In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction come off and approval of the vessels design by the assigning authority. Surveyors then hitchically visit the shipyard to rely that it is being constructed according to the approve design. Upon shutting of construction, the vessel is inclined so that its constancy documents can be approved and issued.The freeboard appointee is calculated, and the load line marks are inscribed on the hull. Upon final check mark that all of these steps waste been in good order established, the vessel is issued a load line authentication. A load line security measures is normally issued for a 5-year term, subject to yearly topside surveys to see to it that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there confirm not been any damage or unlicensed modifications that would agree the vessels seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a impertinently security department can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. amnionic fluid are required to have a effectual international (ICLL) load line certificate.A impertinent vessel may be detained in port if the Coast fight down considers that it is overloaded, or unseaworthy due to unworthy condition. The vessel wont be released to depart until the deficiencies have been corrected excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP ecstasy safeships On the face of it, BP Shipping is one of the safesttanker operators or so, regularly achieving topquartile sentry duty results in the industry and rarelymaking publicizes for the wrong reasons.But as the nerves fleet has grown quickly to more than 80 vessels to solar twenty-four hour period, so the acknowledgment has spreadthat truly world-class resort work is close to more than lowering advertise resort total or overcome industry benchmarks. For rubber implementation to rightfully break away to a unexampled train, it has to let self sustaining and therefore sustainable. Day in, day out, the safety message has to be made and remade so that it drop deads engrained at every level everywhere, in every action, in every decision and in every way.The full(a) organization has to be safety sceptred and never-endingly on the lookout for new hazards, says Dave Williamson, director of fleet operations for BP Shipping. Were beginning to make the turn towards aeonian improvement and the sort of restless state of mind that we penury, but there is lock up some way to go. In the past, most emphasis has been put on total and performance based on long time away from work case incidents, bemused time injuries, near misses, fossil inunct spills and other serious in cidents. These performance matrices continue to be monitored very closely and show nonstop improvement.But now the push is on to move safety performance to another level, propel in no menial measure by a fear that some of the cultural and operational factors that led to the Texas city refinery explosion in 2005 might be present in some part of BP Shippings activities. The key to this has been to get everyone in the organization to think slightly safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. inborn to this more open approach is the magnificence of driving safety back into the line to people with asset attention capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and group bonding round safety behaviour. preventive is not just well-nigh trips or falls. Its nearly exactly the aforementioned(prenominal) thi ngs you withal need to achieve majuscule operational performance and the same motivations that try us the unremitting drive to have the best people, processes, equipment and leadership. Williamson concludes At the moment were not able to say were the best, we still have areas where we believe there is meaning(a) room for improvement.But the best is a relative state and safety is a never ending journey. Mysense is that weve made substantial changes andadvances in the past couple of years. measure safety exclusively injuries by activity, October 2006 in all injuries by location onboard, October 2006 another(prenominal) 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% slipperiness 7% Drills and exercises 2% Domestic 5% separate 6% Enclosed space 2% Steering gear 2% parentage rooms 6% Bridge 2% Engine room 41% post areas 4%Lifeboat Accommodation 11% embarkment 4% Main deck 22 % Il well-grounded, Unreported, and Unregulated (IUU) angle The crew of the Coast defense Cutter Rush escorts the pretend high seas drift net search vessel Da Cheng in the unification Pacific Ocean on overbearing 14, 2012. Photo Credit U. S. Coast champion Liberian fishery commentators toured a pewee vessel as part of the two-week perceiver training program supported by NOAA Fisheries to combat IUU sport search. IUU look for is a orbiculate occupation that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and utile conservation and guidance measures to which U. S. fishermen are subject. IUU seek most often violates conservation and management measures, such as quotas or by-catch limits, open up under international agreements. By adversely impacting fisheries, marine ecosystems, food warranter and coastal communities around the world, IUU sport seek undermines domestic and international conservation and management efforts. Furthermore, IUU look for risks the sustainability of a multi-billion-dollar U. S. industry.NOAAs Role in Combating IUU fish Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for import seafood does not progress to incentives for illegal look for activity. Working in partnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is all-important(a) to effectively combating IUU sport seek. We work with other fish nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fish.We have put measures in place to restrict port entry and access to port serve to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For young news on IUU angle, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have sportsport look for vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to sanction appropriate corrective action.If the identified nation receives a negative certification, we can confab trade restrictions on that nation. The Lacey Act also provides the United States with the authority to cut back probative sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, enjoy visit our frequently asked questions page or contact David Pearl (david. email&160protected gov). 5. ) rider ship safety certificate for all rider ships cargo ship safety radio certificate for cargo ships, inunct tankers, chemic tankers or ga s carriers and wide commercial-grade-grade message racing racing yachts over 300gt on international voyages but cargo ship safety equipment certificate for cargo ships, vegetable anele colour tankers, chemic substance tankers or gas carriers and coarse commercial yachts over 500gt on international voyages all cargo ship safety construction certificate for cargo ships, oil tankers, chemic substance substance substance tankers or gas carriers and grownup commercial yachts over 500gt on international voyages solely cargo ship safety certificate for cargo ships, oil tankers, chemic tankers or gas carriers and salient commercial yachts over 300gt load line certificate for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and banging commercial yachts over 24 metres in aloofness (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes oil taint taproom certific ate for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and considerable commercial yachts over 400gt and oil tankers over 150gt minimum safe manning document certificate for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and braggart(a)-scale commercial yachts over 500gt safety management certificate for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt ship security measures certificate for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages solitary(prenominal) sewage pollution certificate for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages totally air pollution certificate for fishing vessels, passenger ships, car go ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more anti-fouling declaration for fishing vessels under 24 metres in space or of less than 400gt anti-fouling certificate for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more certificate of seaworthiness (chemical or gas) certificate for all chemical tankers or gas carriers dangerous goods certificate for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages barely certificate of compliance for a large charter yacht for all large passenger yachts UK fishing vessel certificate for fishing vessels amongst 15 and 24 metres in space international fishing vessel certificate for fishing vessels over 24 metres in aloofness small commercial vessel certificate for pilot boats and small commercial vessels under 24 metres in dist ance certificate of registry mandatory for all fishing vessels, optional for pilot boats and small commercial vessels international tonnage for fishing vessels under 24 metres in aloofnessMonitor Complience with Legislative RequirementsA. monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of general average 2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the police force of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in assorted controlled activities on vessels (classification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of naval law according to which all parties in a sea venture pro rata dole out any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have loved little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the frank practice whereby all the merchants whose cargo land safely would b e called on to digest a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient maritime law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clear stated by Mr. Justice Grier in Barnard v. Adams 1st. A common danger a danger in which vessel, cargo and crew all participate a danger imminent and apparently inevitable, except by voluntarily incurring the loss of a portion of the whole to save the remainder. 2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a off of the peril from the whole to a feature portion of the w hole. 3rd. This attempt to avoid the imminent common peril must be successful. http//en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT debut OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the vicious or incorrect release of cargo, associated with one of the following release methods a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the insertion of the original bill of lading. c) Authorisation by the carriers agent to release cargo without the licence of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the o riginal bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, without consultation with the carriers agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carriers liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent take to be made aware of such a bond. Signum was asked to enquire into a division that involved a consignee who secured the release of his cargo by means o f an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had supposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had through with(p) so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerks version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a co urt under the provisions of the Brazilian import Legislation on perishable goods to secure the cargos release. He allege that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its admit and then pay the outstanding totality by instalments.Due to the shippers refusal to release the cargo under the terms of the contract and his spirit to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carriers agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a thirdly party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper admit the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had c ommitted similar frauds. The only action that could be taken was to notify Customs and the law enforcement agency of this persons activities. A more serious problem that continues to cause concern is where carriers agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all to a fault often influenced by their close railroad tie with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agents letter of credit. 3. Bank reference confirming sufficient funds exist in the consignees account. 4. The presentation of a big document.Signum was asked to enquire i nto the activities of an agency, whereby it appeared that over a period of time some 150 containers loaded with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became unthinkable for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the egress cannot be resolved satisfactorily and safely, avail should be obtained from the Clubs local anesthetic correspondents or the Members usual contact at the Club. Signum is always available to investigate serious cases. http//www. ukpandi. com/fileadmin/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 4247) 46 USC chapter 51) Overview The principal Coast bear office responsible for load line regulations and policy is the Naval Architecture element (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing removed the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return instantaneously to a U. S. ort (including voyages to nowhere). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , les s than 100 gross tons) that only operate on domestic voyages are excluded. distinguish to 46 USC 5102 for vessel applicability specifics. serious NOTE CONCERNING U. S. FISHING VESSELS Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine back breaker Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate foreign the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the a ssigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel impertinent the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (Built for these purposes means the date on which the vessels keel is laid , or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line naming The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) Ensuring weathertight &038 watertight integrity (i. e. , coamings uncovered doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve archness and is not overloaded (by limiting the utmost loaded draft) Ensuring that the vessel has adequate stability for all loading &038 operating conditions (by approved stability documentation &038 instructions) Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to substantiate that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL) ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With baby bird exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For thi s reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The select of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a single voyage privilege certificate. In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessels design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon utmost of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hu ll. Upon final tab that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to yearbook topside surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessels seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line ce rtificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to brusk condition. The vessel wont be released to depart until the deficiencies have been corrected excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organizations fleet has grown cursorily to more than 80 vessels today, so the acknowledgement has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or whipstitching industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. Day in, day out, the safety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The built-in organization has to be safety authorize and constantly on the lookout for new hazards, says Dave Williamson, director of fleet operations for BP Shipping. Were beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. In the past, most emphasis has been put on numbers and performance based on geezerhood away from work case incidents, helpless time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, prompt in no small measure by a fear that some of the cultural and operational factors that led to the Texas metropolis refinery explosion in 2005 might be present in some parts of BP Shippings activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. innate to this more open approach is the sizeableness of driving safety back into the line to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team up bonding around safety behaviour. base hit is not just about trips or falls. Its about exactly the same things you also need to achieve great operational performance and the same motivations that grant us the continuous drive to have the best people, processes, equipment and leadership. Williamson concludes At the moment were not able to say were the best, we still have areas where we believe there is meaningful room for improvement.But the best is a relative state and safe ty is a never ending journey. Mysense is that weve made significant changes andadvances in the past couple of years. mensuration safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% investment company rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% boarding 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspect high seas drift net fishing vessel Da Cheng in the wedlock Pacific Ocean on marvelous 14, 2012. Photo Credit U. S. Coast Guard Liberian fishery observers toured a peewit vessel as part of the two-week observer training program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a world-wide problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or by-catch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAAs Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not clear incentives for illegal fishing activity. Working in partnership with other U. S. Government agencies, foreign governments and entities, international organizations , non-government organizations, and the private sector is critical to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port run to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to make headway appropriate corrective action.If the identified nation receives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provide s the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, beguile visit our frequently asked questions page or contact David Pearl (david. email&160protected gov). 5. ) passenger ship safety certificate for all passenger ships cargo ship safety radio certificate for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only cargo ship safety equipment certificate for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only cargo ship safety construction certificate for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only cargo ship safety certificate fo r cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt load line certificate for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes oil pollution prevention certificate for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt minimum safe manning document certificate for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt safety management certificate for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt ship security certificate for passenger ships, cargo ships oil tankers, chemical tankers or gas ca rriers and large commercial yachts on international voyages only sewage pollution certificate for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only air pollution certificate for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more anti-fouling declaration for fishing vessels under 24 metres in length or of less than 400gt anti-fouling certificate for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more certificate of fitness (chemical or gas) certificate for all chemical tankers or gas carriers dangerous goods certificate for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only certificate of compliance for a large charter yacht for all large passenger yachts UK fishing vessel certificate for fishing vessels surrounded by 15 and 24 metres in length international fishing vessel certificate for fishing vessels over 24 metres in length small commercial vessel certificate for pilot boats and small commercial vessels under 24 metres in length certificate of registry mandatory for all fishing vessels, optional for pilot boats and small commercial vessels international tonnage for fishing vessels under 24 metres in length