Loss Prevention Advice
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The IMO recently hosted the 110th session of the MSC from 18 to 27 June 2025.
During this session, several amendments were adopted, and the text of further amendments and circulars were approved. Key highlights include:
- Adopted amendment 08-25 of the IMSBC Code with entry into force from 1 January 2027, along with possible early adoption from 1 January 2026
- Adopted amendments to SOLAS Chapter V Regulation 23 covering pilot transfer arrangements, along with updated performance standards, entering into force on 1 January 2028. Pilot transfer arrangements installed after 1 January 2028 must meet the new standards for design, manufacture, securing, and installation. Pilot transfer arrangements installed prior to 1 January 2028, will have to meet the new standards no later than the first Safety Equipment Survey after 1 January 2029. The new performance standards also provide updated requirements relating to inspection, stowage, maintenance, replacement, and familiarisation of the pilot transfer arrangement, and these will enter into force on 1 January 2028 – regardless of the arrangement’s installation date
- Adopted an extensive revision to Resolution A.1050(27) “Revised Recommendations for Entering Enclosed Spaces Aboard Ships”
- Various draft amendments to the IGC Code were agreed. However additional comments were received regarding some other planned amendments to the Code. As such the next sub-committee on Carriage of Containers and Cargoes have been asked to review the draft amendments and update the text as necessary. The amendments are therefore now expected to be adopted at MSC 111, and enter into force from 1 July 2028
- Continued progress on the Maritime Autonomous Surface Ship (MASS) Code, with the non-mandatory code expected to be finalised and adopted at MSC 111, with the mandatory code entering force in 2032
- Provided a recommendation for the Code of Safety for Nuclear Merchant Ships to be updated to reflect advances in technology since its initial adoption date (November 1981).
Full advisory at the following link.
https://ww2.eagle.org/content/dam/eagle/regulatory-news/2025/MSC-110-Brief.pdf
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In Lord Marine Co S.A. v Vimeksim SRB D.O.O. (“The Lord Hassam”) [2024] EWHC 3305 the English High Court considered whether it could order the sale of cargo over which a shipowner was exercising a contractual lien as security for a claim brought in arbitration against charterers for unpaid charterparty freight, even though charterers did not own the cargo.
A freight pre-paid bill of lading had been issued by owners for a cargo of corn in bulk carried under a voyage charterparty on amended SYNACOMEX 2000 terms. The charterparty included a clause permitting owners to exercise a lien on cargo for freight, deadfreight, demurrage and average contributions due under the charterparty. The bill of lading was on the CONGENBILL94 form and contained standard wording incorporating the voyage charterparty. The lien clause in the charterparty was, therefore, incorporated into the bill of lading.
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Ship Pollution Response Organisation (SPRO) Agreements in China – New International Group of P&I Clubs (IG) and China Diving & Salvage (CDSA) SPRO Agreement
An update on the new SPRO template agreement jointly agreed by the Group Clubs and CDSA.
New IG and CDSA SPRO Agreement
The Group Clubs are pleased to announce that the IG and CDSA have agreed a Sample Agreement for Ship Pollution Response (Sample Agreement) and a Ship Pollution Response Expense Tariff (SPRO Tariff). ITOPF, on behalf of the Group Clubs, reviewed the SPRO Tariff. Both the Sample Agreement and SPRO Tariff are attached to this Circular.
CDSA
CDSA is a state-level non-profit association which is constituted by enterprises and institutions specialising in a variety of fields, including pollution prevention. In 2020, CDSA was granted approval by China MSA to assess and certify SPROs in China. Today CDSA’s members include over 50 SPROs across China, details of which can be found on their website – Certified SPRO Companies.
Full advisory at the following link.
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Introduction
As the U.S. continues to “maximize economic pressure on the Iranian regime” the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and U.S. Department of State (DoS) have respectively issued important guidance and findings, which maritime stakeholders should be aware of and comply with.
The main points to note from these updates for maritime stakeholders are set out below.
Guidance for Shipping and Maritime Stakeholders on Detecting and Mitigating Iranian Oil Sanctions Evasion
On 16 April 2025, OFAC issued an update to its previous September 2019 advisory in respect of Iran. This update seeks to assist the shipping and maritime industry to identify sanctions evasion related to the shipment of Iranian-origin petroleum and related products. Also, the advisory seeks to assist the implementation of sanctions compliance practices to guard against sanctions risks.