Maritime Security Clause for Voyage Charters
30 July 2013
INTERTANKO Maritime Security Clause for Voyage Charters
1. Owner’s obligations
The Owner shall comply with obligations imposed upon it or the vessel under the International Code for the Security of Ships and of Port Facilities (“the ISPS Code”) and any other laws and regulations relating to the security of the vessel and port, as in force and of mandatory application to the vessel and/or port at the date of this charter. The ISPS Code and the aforesaid laws and regulations shall hereafter be referred to collectively as “the Relevant Security Regulations”. The Owner shall upon request promptly provide the Charterer with
(a) a copy of the International Ship Security Certificate issued under the ISPS Code
(b)the details of the Company Security Officer.
2. Charterer’s obligations
The Charterer shall promptly provide the following information so that the Owner may comply with any requirements arising in relation to the application of the Relevant Security Regulations or any other applicable security regulations that come into force after the date of this charter ("Other Security Regulations"), including anymeasures which may be required by any port facility or relevant authority:
(a) the identity and contact details of all parties to any contracts relating to the Vessel and her employment where such contracts have been entered into by the Charterer, by any sub-charterer, or by any agents appointed by them, or in the name of the Owner at the direction of the Charterer or any sub-charterer,
(b) the identity and contact details of any personnel (other than those directly employed by the Owner), and employers or principals thereof, on or about the Vessel pursuant to this charterparty or any other contracts referred to in sub-clause (a) above, and
(c) any other relevant information relating to the Vessel’s cargo or its employment requested by the Owner.
3. Delay
Any delay whatsoever arising in relation to the application of the Relevant Security Regulations or otherSecurity Regulations, including any measures required by any port facility or relevant authority, shall
(a) if the vessel is on laytime or on demurrage, count as laytime or time on demurrage as the case may be; and
(b) in any other case, be compensated for by the Charterer at the demurrage rate, save that time lost due to Owner’s failure to comply with obligations imposed upon it or the Vessel under the Relevant Security Regulations shall be for Owner’s account.
The Owner shall be entitled to tender a valid notice of readiness notwithstanding the fact that the port facility or any relevant authority has not issued clearance in respect of security matters affecting or relating to the vessel and cargo, provided the vessel is in all other respects an arrived ship under the charterparty.
4.Costs, Losses and Liabilities
Any costs, expenses, losses and liabilities which may be incurred by the Owner in relation to the application of the Relevant Security Regulations or other Security Regulations, including any measures required by any port facility or relevant authority, shall be for the Charterer’s account, unless the costs, expenses, losses or liabilities result from
(a) the Vessel’s non-compliance with any ship security plan required by the Relevant Security Regulations, the costs of compliance with any such plans being for the Owner’s account,
(b) the Owner’s failure to comply with obligations imposed upon it or the Vessel under the Relevant Security Regulations, or
(c) the Owner's breach of this Charter.
5. Alternative ports
If, due to the application of the Relevant Security Regulations or other Security Regulations, including any measures required by any port facility or any relevant authority, the Vessel is prevented for more than 5 (five) days from entering, or loading or discharging cargo at any of the nominated or agreed ports under the charterparty, the Owner may request the Charterer to nominate an alternative safe port or ports. If the Charterer fails to nominate such a port or ports within 48 hours of receiving Owner’s request, the Owner may discharge the cargo at any port of its choice or, if there is no cargo on board, terminate the charterparty with immediate effect.
The Charterer shall reimburse the Owner at the demurrage rate for any additional steaming time or delay which may result therefrom and shall bear all related additional costs and expenses including but not limited to bunkers and port costs.
Such discharging shall be deemed to be due fulfilment of the contract or contracts of affreightment and owners shall be entitled to freight as if discharging had been effected as the port or ports originally nominated or to which the vessel may have been properly ordered under the provisions of this charter or bills of lading issued pursuant to this charter.
