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.

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:

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:

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.

• AGM Pocket guide
• USDA AGM Procedures

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 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