US issues guidance to address illicit shipping and sanctions evasion practices
The advisory includes a detailed set of best practices for private industry to consider adopting to mitigate exposure to sanctions risk.
The advisory updates and expands upon previous advisories issued by the US government. It is intended to provide actors that utilize the maritime industry for trade with information on and tools to counter current and emerging trends in sanctions evasion related to shipping and associated services. The advisory highlights common deceptive shipping practices used with respect to countries like Iran, Democratic People's Republic of Korea and Syria.
BIMCO advises members to check clauses as Asian gypsy moth season starts
Members need to be aware if calling ports in the following countries:
- Russian Far East
- China
- Republic of Korea/Democratic Peoples Republic of Korea
- Japan
- Vietnam
Please be aware the list only serves as a guidance, and therefore, confirmation or changes should be gathered from the port agent.<
AGM is subject to spread like a wildfire unless active efforts are made to contain the spread. If allowed, the AGM will spread to areas where it’s not indigenous and cause great damage to agriculture and forestry and associated commerce. Calling above mentioned ports in the high-risk season will make the vessel subject to inspection in other areas of the pacific region, notably:
- Canada
- USA
- New Zealand
- Australia
- Chile
If the vessel is found to be infested by AGM, authorities can order the vessel out of territorial waters thereby affecting the revenue of the vessel.
Distribution
AGM is attracted to light, and as such the eggs will usually be found on parts of the vessel subject to lumination. The egg mass can easily be scraped off and destroyed using either alcohol, boiling water or incineration. After the eggs hatches, the larvae eats vegetation, primarily leaf, before entering the pupae stage for another 10-14 days. Finally, the moth stage will last 2-3 weeks, during which the only purpose is to mate and lay eggs. The male moth dies after mating, while the female dies after laying eggs.
Subject to the local climate, the final moth stage of AGM will be in the period from end May through September, according to the table below, supplied by the North American Plant Protection Organization:
Country | Risk Area | Specified Risk Period |
Russian Far East | South of 60o North and west of 147o longitude (excluding those ports on the Kamchatka Peninsula) | July 1 to September 30 |
China | North of latitude of 31o 15' N | June 1 to September 30 |
Republic of Korea | In all areas | June 1 to September 30 |
Japan – Northern | In prefectures of Hokkaido, Aomori, Iwate, Miyagi, Fukushima | July 1 to September 30 |
Japan –Western | In prefectures of Akita, Yamagata, Niigata, Toyama, Ishikawa | June 25 to September 15 |
Japan – Eastern | In prefectures of Fukui, Ibaraki, Chiba, Tokyo, Kanagawa, Shizuoka, Aichi, Mie | June 20 to August 20 |
Japan – Southern | In prefectures of Wakayama, Osaka, Kyoto, Hyogo, Tottori, Shimane, Okayama, Hiroshima, Yamaguchi, Kagawa, Tokushima, Ehime, Kochi, Fukuoka, Oita, Saga, Nagasaki, Miyazaki, Kumamoto, Kagoshima | June 1 to August 10 |
Japan – Far Southern | In prefecture of Okinawa | May 25 to June 30 |
Precautions
BIMCO encourages members to contact the organisation using marinfo@bimco.org for extended guidance on practical matters. For matters related to contracts and clauses please contact BIMCO Support and advise using advice@bimco.org.
If calling a port listed above during the AGM high-risk period, make sure to get a certificate documenting that the vessel is free of AGM by using one of the listed approved certifiers supplied by the United States Department of Agriculture:
Region of port | Certifiers |
Far East Russian ports | Federal Service for Veterinary and Phytosanitary Surveillance of the Russian Federation |
Republic of Korea | International Plant Quarantine Accreditation Board (IPAB) |
China | China Certification and Inspection Group, Ltd |
Japan |
All Nippon Checkers Corporation (ANCC) Hokkaido Bouekikunjyo Co., LTD (HBKC) Hokuriku Port Service Co., Ltd. (HPS) Intertek Testing Services (Australia) Pty Limited (Pty Ltd) Japan Cargo Tally Corporation (JCTC) Japan Export Vehicle Inspection Center Co., Ltd. (JEVIC) Japan Grain Inspection Association (JGIA) Kanto Fumigation Co., Ltd (KFCO) Keiyochiku Plant Quarantine Association (KPQA) Kobe Plant Quarantine Association (KOBEPQA) Kyoritsu Sanitary Co., Ltd. (KRS) Muroran & Tomakomai Plant Quarantine Association (MTPQA) NAVREX & Corporation (NRX) Nikkun Co., Ltd (NCL) Nippon Kaiji Kentei Kyokai (NKKK) Okayama-Ken Plant Quarantine Association (OKYPQA) Osaka Plant Quarantine Association (OPQA) Osaka Timber Quarantine Association (OSKTQA) Shin Nihon Kentei Kyokai (SNKK) Techno Kasei Co., Ltd. (TKL) Tokai Plant Quarantine Association (TOKAIPQA) Tokyo Plant Quarantine Association (TPQA) Yokohama Plant Protection Association (YPPA |
Please be aware that conditions may vary depending on the countries involved, and most often, the vessel will need a certificate if it has called at a high risk country during high risk season within the previous 24 months.
BIMCO AGM clause for time charter parties
BIMCO encourages its members to take any necessary steps to prevent the spread of AGM and other hitchhiker pest. If applicable, amend your contracts with relevant clauses placing the basic obligations and responsibilities of the owners and charterers in respect of the AGM. Click here for the BIMCO AGM clause.
Sanctions related to the Democratic People’s Republic of Korea (North Korea)
In addition to the existing sanctions related to the Democratic People's Republic of Korea, members should keep in mind the recent “Presidential Executive Order on Imposing Additional Sanctions with Respect to North Korea”.
Of particular importance to shipping is Sec. 2.(b) stating that:
No vessel in which a foreign person has an interest that has called at a port in North Korea within the previous 180 days, and no vessel in which a foreign person has an interest that has engaged in a ship to ship transfer with such a vessel within the previous 180 days, may call at a port in the United States.
We recommend that any owner contemplating to call a port in North Korea or otherwise engage in business involving North Korean interests study the information provided in the following articles:
- OFAC Resource Center – North Korea Sanctions
- OFAC FAQ's - North Korea Sanctions
- Presidential Executive Order 13810 of 20 September 2017 Imposing Additional Sanctions with Respect to North Korea
- United Nations Security Council – Resolutions DPRK
Trading restrictions (Korea, Democratic People’s Republic of)
Trading restrictions imposed against the Democratic People's Republic of Korea
- Asian Gypsy Moth
Korea is considered an area of potential risk. - International Transport Workers' Federation (ITF)
The flag of the Democratic People's Republic of Korea has been declared as a "flag of convenience" by the ITF's Fair Practices Committee. - United Nations Security Council Resolutions on the Democratic People's Republic of Korea
- European Union
- Republic of Korea
- United States
- UK sanctions on the Democratic People’s Republic of Korea