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Maritime London will be part of a high profile City of
London delegation beating the drum for the UK’s maritime
and financial services sectors in China next week. On the
agenda will be meetings with the Shanghai Municipal &
Transport Assoc, Shanghai International Shipping Institute.
The delegation includes representatives from the IUA, Markel,
Norton Rose, Ince & Co and Clyde & Co.
Lord Mayor Michael Bear, writing in City AM says: “By sharing
our experience and expertise we can help China overcome
bottlenecks and help it develop a thriving financial industry
to serve Chinese companies’ domestic needs and support international
expansion. Just as London is the natural point of entry
for international firms looking to access European markets,
Chinese centres want to become financial gateways to Asia
and beyond.”
He adds: “Hong Kong is already established among the top
three world financial centres, alongside London and New
York, while the State Council and the Shanghai municipal
government are taking steps towards realising the vision
of Shanghai becoming China’s international financial centre
and shipping hub by 2020. The growth of new financial centres
will ultimately benefit established centres such as London:
as the size of the global industry expands, we will see
new business opportunities forged on the basis of strong
links between financial centres.”
The visit follows Maritime London's successful dinner for
Greek shipowners in Athens, hosted by the British Ambassador
in March.
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Shipping accountant and adviser Moore Stephens says that,
despite mixed news for non-UK-domiciled individuals, the
UK Budget 2011 appears to be good news for shipping. The
firm says that the bad news in the Budget, announced on
23 March, is that the existing annual remittance basis charge
for non-doms resident in the UK for 12 years or more will
increase from £30,000 to £50,000, albeit not until 6 April
next year.
Sue Bill, a tax partner with Moore Stephens, says, Sue
Bill says, “There is mixed news for non-UK-domiciled individuals.
But there are few other changes that will affect shipping.
The government has emphasised the need for stability, and
clearly intends to consult before making any major taxation
changes. The government has also emphasised the need for
the UK corporation tax regime to be attractive to international
businesses. Overall, it seems to be good news for shipping.”
Moore Stephens, a Maritime London member, notes that the
government also proposes not to tax foreign income or capital
remitted to the UK for the purposes of ‘commercial investment
in UK businesses’, and to simplify some aspects of the current
rules for non-doms to remove administrative burdens, which
increased significantly from April 2008. It is also proposed
that no other substantive changes to the rules for non-doms
will be made for the rest of this parliament. The government
will issue a consultation document in June with a view to
implementing the rules from 6 April, 2012.
Ms Bill adds: “The government will also be consulting on
the introduction of a statutory definition of residence.
Under current rules, the residency of individuals is a very
grey area and greater certainty is only to be welcome. Again
a consultation document is proposed for June with implementation
of the new measure from April 2012. It is unlikely that
there will be more detail until June, but the timetable
should provide time for adequate planning. “Overall, there
seems to be an acceptance by the government of the positive
impact that inward investment by non-doms brings to the
UK”.
Other minor changes in the Budget include a change to the
rate of capital allowances on ships which are leased to
tonnage tax companies. The rate of writing-down allowances
that can be claimed on the first £40 million of expenditure
will be aligned with the rate applicable to other ships,
including where the ship is a long-life asset. This legislation
has effect for expenditure incurred on or after 1 January,
2011, and is likely to reduce the rate of writing-down allowances
in respect of such ships.
Corporation tax rate will be reduced by a further 1 per
cent, so that, from April 2011, the corporation tax rate
will be 26 per cent and, by 2014, it will be 23 per cent.
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The UK’s Foreign Office has announced a GBP6m fund to
tackle piracy improving capacity to prosecute and jail Indian
Ocean pirates. The funding includes £5.3 million to United
Nations Office on Drugs and Crime (UNODC) counter piracy
programme to build regional capacity for piracy prosecutions
and detentions in Somalia, Kenya and Seychelles. It will
also help ensure that prison accommodation is in line with
international standards and that prosecutions are in full
compliance with due process and the rule of law. £600,000
will be provided to fund enhanced optical imagery equipment
for the Seychelles Coastguard to allow surveillance aircraft
to take high image quality video and photograph. This will
aid the capture of the pirates and provide valuable evidence
in court cases. The fuel tanks of the aircraft will also
be upgraded to enable them to fly longer distances.
Foreign Secretary William Hague said: “There are currently
around 820 Somali pirates either serving sentences or awaiting
trial around the world. I am pleased that the UK’s new support
to counter piracy efforts in the Indian Ocean will aid the
location, capture and detention of pirates across the region.
“I applaud the efforts of UNODC to improve the conditions
of prisons to international standards and the leading role
the Government of Seychelles is playing in tackling the
scourge of piracy in the Indian Ocean”.
The UK is leading international action in the Contact Group
on Piracy off the Coast of Somalia, which works to deliver
a comprehensive approach to piracy.
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| US warship launches missiles at Libyan targets |
The Warlike Operations Area Committee, comprising the Chamber
of Shipping, Nautilus International and RMT, has agreed
that the territorial waters of Libya should be designated
as a warlike operations area. This is in recognition of
developments in Libya since the adoption of UN Resolution
1973 and, in particular, the participation of the UK in
military activity in several coastal locations in Libya.
The agreement has been backdated to be effective as from
Friday 18 March. While the standard international designation
for territorial waters is 12 nautical miles from shore,
Libya claims territorial waters up to 24 nautical miles
from its shore.
A WOAC statement says: “In view of the possible hazards
to shipping, the Warlike Operations Area should be treated
as extending 24 nautical miles from the shore of Libya.
The parties to WOAC have agreed to review the position jointly
within a month.
The Chamber recommended that its members:
- advise seafarers before they board a vessel if it is
known that the vessel will proceed to the Warlike Operations
Area;
- give seafarers already on board a vessel proceeding,
or scheduled to proceed, to the Warlike Operations Area
the opportunity to terminate their engagement at a scheduled
port of call on the vessel’s itinerary if facilities for
repatriation are available;
- ensure that any seafarer who declines to proceed into
the Warlike Operations Area does not suffer a detriment
by reason of their decision;
- pay compensation of 100% of basic pay, in addition to
earnings that are otherwise due, to seafarers remaining
on board in respect of any day on which the vessel is
in the Warlike Operations Area that they pay compensation
to any seafarer who is injured as a result of warlike
activity or detained by parties hostile to the UK, or
to the next of kin of any seafarer who is killed as a
result of warlike activity, whilst they are in the Warlike
Operations Area, in accordance with the scale of uprated
National Maritime Board payments agreed by WOAC;
- underwrite seafarers’ personal insurance policies if
these are rendered void by reason of a vessel proceeding
into the Warlike Operations Area.
Meanwhile Nautilus assistant general secretary Paul Moloney
has responded to enquires from London Matters following
an agreement at the International Bargaining Forum (IBF)
covering a large number of open register ships when sailing
through large large parts of the Indian Ocean. The IBF agreement
was includes payments should vessels be attacked.
Mr Moloney says: “There are differences between the IBF
agreement and that made by the Warlike Operations Area Committee,
but I am not sure they leave seafarers on UK ships at a
disadvantage. The WOAC agreement extends the existing high
risk area to include the Indian Ocean (this was then replicated
by the IBF agreement). Seafarers on ships not complying
with the BMP guidelines have the right to refuse to sail
into this wider area. We feel this is reasonable as few
if any ships following this guidance have been boarded by
pirates.”
The IBF agreement does not give seafarers this right but
gives them bonus payments but only when their vessel is
attacked. He concluded: “Our view is that the WOAC agreement
delivers protection to seafarers within the widest possible
area and therefore we are very content with it.”
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The latest
figures from the London Maritime Arbitrators Association
(LMAA) show that its members were appointed to 3492 arbitration
cases in 2010, leading to 611 awards. This is down from
the 4445 appointments and 647 awards LMAA members were involved
with in 2009. The LMAA's statistics show that mediations
have still not taken off in the maritime sector with LMAA
members being involved in only two unsuccessful mediations
in 2010.
At the Association’s AGM at the end of March Christopher
Fyans was elected as its president. Patrick O Donovan and
Mark Hamsher were re-elected to the committee.
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Over-tonnaging and the uncertainty created by political
unrest in the Middle East and North Africa as well as expected
finance costs increase have hit confidence within the shipping
industry. Overall confidence levels in the shipping industry
dropped for the third successive quarter in the three months
ending February 2011, to reach their lowest level for fifteen
months, according to the latest survey by leading accountant
and shipping adviser Moore Stephens.
In February 2011, the average confidence level
expressed by respondents in the markets in which they operate
was 5.8 on a scale of 1(Low) to 10(High), compared to 6.0
in the previous survey in November 2010. Although confidence
levels were down on the previous survey, a number of respondents
felt that the prospects for improvement were reasonably
good.
“Although we are not truly out of economic
recession,” said one, “we have effectively weathered the
storm and are now in an advantageous position for future
growth.”
Others were more pessimistic, however, typified
by the comment that, “Most shipping markets are over-supplied
to such an extent that even good incremental demand will
not strengthen them”.
A number of respondents were convinced that
there was worse to come, with one pointing out, “Western
governments are still spending far more than their income
and, when the crunch comes, there will be a knock-on effect
for shipping”.
Political developments were uppermost in the
minds of many. “Political and economic developments in countries
like Egypt, Tunisia, Yemen, Jordan and Libya over the next
few months mean that prospects for shipping and world trade
in this part of the world are likely to be very uncertain
for some time,” observed one respondent.
This a sentiment echoed by another who suggested:
“The problems in Egypt could affect the smooth flow of cargo
through the Suez Canal”.
Concerns about over-tonnaging and the effect
of a glut of newbuildings coming on to the market dominated
the responses. “The amount of new tonnage due for delivery
this year in all three major vessel categories will continue
to depress the markets,” said one respondent, while another
observed that the industry is facing a ‘wall’ of newbuildings
yet to be delivered. Others took the thinking a stage further.
“You get the impression,” said one, “ that,
unless rates improve, owners are not going to generate sufficient
reserves to cover drydocking, maintenance, surveys and the
like. It's a ticking time-bomb”.
There was a 15% point rise (from 44% to 59
%) in the number of respondents who expected finance costs
to rise over the coming year - the highest figure recorded
since October 2008.
One respondent felt that: “For cash-rich owners
with finance lines available, this will be a period of opportunity
for expansion”. But another complained: “Finance is the
major constraint”, and asked, “Which ruined banker or high-level
investor is going to pull us out of this one?”
Moore Stephens shipping partner, Richard Greiner,
says: “Although the small drop in confidence levels is disappointing,
particularly since it follows a similar fall in the previous
quarter, there are some compelling external factors influencing
the current mood of the industry. The political unrest in
the early part of the year in North Africa and the Middle
East was bound to have had an adverse effect on confidence.
When you operate in a global industry, you are susceptible
to global influences."
Mr Greiner concludes: “In any industry, news
of new investment can be something of a double-edged sword.
So it was with the recent confirmation of Maersk’s order
for a series of big new container ships which, while sending
a confident message to the market, will at the same time
have done little to ease fears about over-tonnaging, particularly
on the part of smaller operators. Yet new investment is
undoubtedly good for any industry and, despite the difficult
economic climate, our survey still showed an increase in
the number of respondents who expected to make a major investment
or significant development over the next twelve months.
It was noticeable, also, that a large number of respondents
felt that shipping had taken the worst that could be thrown
at it and was now ready to bounce back. However, it will
be interesting to see the impact of events in Japan in our
next survey.”
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A ship manager was recently asked to pay USD 436,000 in
communication costs as the result of an error which unwittingly
allowed the crew of a ship unrestricted access to the
internet over a three-month period according to a warning
from International Transport Intermediaries Club (ITIC).
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| Suprise internet access bill |
In the latest issue of its Claims Review, ITIC notes
that it was the policy of a particular shipping company
to upgrade the communications packages on all its time-chartered
and owned vessels from systems which provided email and
satellite telephone communications only, to systems that
also included limited onboard internet access at fixed
monthly rate payments. These new systems were gradually
being fitted throughout the fleet. When the existing communications
unit on board one ship (which did not include internet
access) failed during the first few months of 2009, it
was replaced by a modern broadband unit, but not by the
new system. This unit was intended to replace the existing
email and voice communications only. But the broadband
unit was also capable of internet access via satellite
link.
The vessel superintendent employed by the ship manager
inadvertently failed to exclude internet access when he
completed the activation form. During the installation
and activation he also failed to notify the crew of its
intended use or advise on any tariff rates, which were
in his possession. The crew, who had already been notified
of the company’s intentions regarding future internet
access for all its vessels, wrongly assumed that the new
unit had been provided for their unlimited use, and proceeded
to download at will.
The usual cost of communications under the old system
was no more than $1,800 per month. Had the intended upgraded
system, including limited internet access, been in place,
the monthly cost would have been USD3,800.
During a three-month period, before the error was discovered,
the crew downloaded freely and managed to run up an enormous
airtime charge of USD436,000. As the shipping company
had never agreed to this free-for-all use of the internet
by the crew, it claimed from the ship manager the difference
between what it would have paid (USD5,400) and the actual
amount charged.
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UK-based shipowners are being invited to attend training
courses on the Maritime Labour Convention, 2006, run by
the Maritime and Coastguard Agency (MCA). The MCA will be
hosting three UK based training courses. Each one will be
aimed primarily at a different sector of the maritime industry
:
Passenger / Cruise Ships - MCA Southampton 18-19 May
General Cargo Ships - MCA Liverpool 9-10 June
Offshore - MCA Aberdeen 13-14 September
There will be a fee for attendance to cover
costs.
Click
here for further details.
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The chairman of CMA CGM (UK) Holdings, Michael Parker,
has been elected president of the Chamber of Shipping
by unanimous vote. In his inaugural address, the President
thanked Jan Kopernicki for his leadership of the Chamber
over the last 12 months and named his four priorities
as:
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The business climate
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Employment and training
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Maritime security
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The environment
Helen Deeble, the chief executive of P&O Ferries, was
elected vice-president.
In his annual review for 2010 outgoing president Mr Kopernicki
noted: “The past year has been, in many respects, an eventful
one for the British shipping industry. Most notably, we
gained a new government, and the Chamber is pleased that
the excellent relationship it has developed with the incoming
coalition has helped bring about several welcome changes
for shipping. These include the cancellation of backdated
rate revaluation charges for ports, and the ending of
the Irish light dues subsidy.”
He noted that shipping continues to be a major provider
of jobs that really matter to the UK economy and society
and that protecting and, importantly, growing jobs in
the maritime sector is a key objective.
He said: “Despite the excellent start the new government
has made, the Chamber continues to apply pressure on a
number of issues in this vital area. The Equality Act
will undoubtedly create challenges for shipping employers.
We are also concerned about the risk of changes to the
Seafarers’ Earning Deduction, and the potential impact
of the government’s austerity measures on the training
of seafarers. Both of these would be ‘own goals’ and would
affect not just our seafarers and shipping, but the professional
skills base across the entire maritime cluster as well.”
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The Ministry of Justice has published
detailed guidance to the UK's Bribery Act which comes
into force on 1 July.
Writing in the introduction to the guidance, which contains
case studies, Justice Minister Kenneth Clark says: "The
core principle it sets out is proportionality. It also
offers case study examples that help illuminate the application
of the Act. Rest assured – no one wants to stop firms
getting to know their clients by taking them to events
like Wimbledon or the Grand Prix."
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