BHP BIMCO vs Bimco own

BIMCO ISPS/MTSA Clause – same as Bimco

(a)(i) The Owner shall comply with the requirements of the International Code for the Security of
Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS
Code) relating to the Vessel and “the Company” (as defined by the ISPS Code). If trading
to or from the United States or passing through United States waters, the Owner shall also
comply with the requirements of the US Maritime Transportation Security Act 2002 (MTSA)
relating to the Vessel and the “Owner” (as defined by the MTSA).

(ii) Upon request the Owner shall provide the Charterer a copy of the relevant International Ship
Security Certificate (or the Interim International Ship Security Certificate) and the full style
contact details of the Company Security Officer (CSO).

(iii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or delay)
caused by failure on the part of the Owner or “the Company”/“Owner” to comply with the
requirements of the ISPS Code/MTSA or this Clause shall be for the Owner’s account,
except as otherwise provided in this Charter Party.

(b)(i) The Charterer shall provide the Owner and the Master with its full style contact details and,
upon request, any other information the Owner requires to comply with the ISPS
Code/MTSA. Where sub-letting is permitted under the terms of this Charter Party, the
Charterer shall ensure that the contact details of all sub-charterers are likewise provided to
the Owner and the Master. Furthermore, the Charterer shall ensure that all sub-charter
parties they enter into during the period of this Charter Party contain the following provision:

“The Charterer shall provide the Owner with its full style contact details and, where subletting
is permitted under the terms of the charter party, shall ensure that the contact details
of all subcharterers are likewise provided to the Owner.”

(ii) Loss, damages, expense or delay (excluding consequential loss, damages, expense or delay)
caused by failure on the part of the Charterer to comply with this Clause shall be for the
Charterer’s account, except as otherwise provided in this Charter Party.

(c) Notwithstanding anything else contained in this Charter Party all delay, costs or expenses
whatsoever arising out of or related to security regulations or measures required by the port
facility or any relevant authority in accordance with the ISPS Code/MTSA including, but not
limited to, security guards, launch services, vessel escorts, security fees or taxes and
inspections, shall be for the Charterer’s account, unless such costs or expenses result
solely from the negligence of the Owner, Master or crew. All measures required by the
Owner to comply with the Ship Security Plan shall be for the Owner’s account.

(d) If either party makes any payment which is for the other party’s account according to this
Clause, the other party shall indemnify the paying party.
BIMCO North American Advance Cargo Notification Clause

1. US Notification Requirements for Time Charter Parties

(a) If the Vessel loads or carries cargo destined for the US or Canada or passing through US
or Canadian ports in transit, the Owner shall comply with the current US Customs
regulations (19 CFR 4.7) or the Canada Border Services Agency regulations (Memorandum
D3-5-2) or any subsequent amendments thereto and shall undertake the role of carrier for
the purposes of such regulations and shall, in its own name, time and expense:

(i) Have in place a SCAC (Standard Carrier Alpha Code)/Canadian Customs Carrier Code;
(ii) For US trade, have in place an ICB (International Carrier Bond);
(iii) Provide the Owner with a timely confirmation of (i) and (ii) above as appropriate; and
(iv) Submit a cargo declaration by AMS (Automated Manifest System) to the US Customs
or by ACI (Automated Commercial Information) to the Canadian customs, and
provide the Owner at the same time with a copy thereof.

(b) The Charterer shall assume liability for and shall indemnify, defend and hold harmless the
Owner against any loss and/or damage whatsoever (including consequential loss and/or
damage) and/or any expenses, fines, penalties and all other claims of whatsoever nature,
including but not limited to legal costs, arising from the Charterer’s failure to comply with
any of the provisions of sub-clause (a). Should such failure result in any delay then,
notwithstanding any provision in this Charter Party to the contrary, the Vessel shall remain
on hire.

(c) If the Charterer’s ICB is used to meet any penalties, duties, taxes or other charges which
are solely the responsibility of the Owner, the Owner shall promptly reimburse the Charterer
for those amounts.

(d) The assumption of the role of carrier by the Charterer pursuant to this Clause and for the
purpose of the US Customs Regulations (19 CFR 4.7) shall be without prejudice to the
identity of carrier under any bill of lading, other contract, law or regulation.

End

BIMCO Adds: 2. Canadian Notification Requirements for Time Charter Parties

a-b-c-d-e

++

BIMCO EU Advance Cargo Declaration Clause – same as Bimco

(a) If the Vessel loads cargo in any EU port or place destined for a port or place outside the EU
(”Exported”) or loads cargo outside the EU destined for an EU port or place or passing
through EU ports or places in transit (”Imported”), the Charterer shall, for the purposes of
this Clause, comply with the requirements of the EU Advance Cargo Declaration
Regulations (the Security Amendment to the Community Customs Code, Regulations
648/2005; 1875/2006; and 312/2009) or any subsequent amendments thereto and shall, in
its own name, and in its time and at its expense:

(i) Have in place an EORI number (Economic Operator Registration and Identification);
(ii) Provide the Owner with a timely confirmation of (i) above as appropriate; and
(iii) Where the cargo is being:

1. Exported: Submit, or arrange for the submission of, a customs declaration for
export, or, if a customs declaration or a re-export notification is not required, an
exit summary declaration; or
2. Imported: Submit, or arrange for the submission of, an entry summary declaration.
Unless otherwise permitted by the relevant customs authorities, such declarations shall be
submittted to them electronically.

(b) The Charterer assumes liability for and shall indemnify, defend and hold harmless the
Owner against any loss and/or damage and/or any expenses, fines, penalties and all other
claims of whatsoever nature, including but not limited to legal costs, arising from the
Charterer’s failure to comply with any of the provisions of sub-clause (a). Should such failure
result in any delay then, notwithstanding any provision in this Charter Party to the contrary,
the Vessel shall remain on hire.

BIMCO Piracy Clause

(a) The Vessel shall not be obliged to proceed or required to continue to or through, any port,
place, area or zone, or any waterway or canal (hereinafter “Area”) which, in the reasonable
judgement of the Master and/or the Owner, is dangerous to the Vessel, her cargo, crew or
other persons on board the Vessel due to any actual, threatened or reported acts of piracy
and/or violent robbery and/or capture/seizure (hereinafter “Piracy”), whether such risk
existed at the time of entering into this Charter Party or occurred thereafter. Should the
Vessel be within any such place as aforesaid which only becomes dangerous, or is likely to
be or to become dangerous,(insert: or may become dangerous) after her entry into it, she shall be at liberty to leave it.

(b) If in accordance with sub-clause (a) the Owner decides that the Vessel shall not proceed
or continue to or through the Area they must immediately inform the Charterer. The
Charterer shall be obliged to issue alternative voyage orders and shall indemnify the Owner
for any claims from holders of the Bills of Lading (add: “or third parties…” caused…) caused by waiting for such orders
and/or
the performance of an alternative voyage. Any time lost as a result of complying with such
orders shall not be considered off-hire.

(c) If the Owner consents or if the Vessel proceeds to or through an Area exposed to the risk
of Piracy the Owner shall have the liberty:

(i) to take reasonable preventative measures to protect the Vessel, her crew and cargo
including but not limited to re-routeing within the Area, proceeding in convoy, using
escorts, avoiding day or night navigation, adjusting speed or course, or engaging
security personnel or equipment on or about the Vessel; Bimco after Vessel including embarkation/disembarkation ;

(ii) to comply with the orders, directions or recommendations of any underwriters who
have the authority to give the same under the terms of the insurance;
to comply with the requirements of the Owners’ insurers under the terms of the Vessel’s insurance(s)

(iii) to comply with all orders, directions, recommendations or advice given by the
Government of the Nation under whose flag the Vessel sails, or other Government to
whose laws the Owner is subject, or any other Government, body or group, including
military authorities, whatsoever acting with the power to compel compliance with their
orders or directions; and

(iv) to comply with the terms of any resolution of the Security Council of the United
Nations, the effective orders of any other Supranational body which has the right to
issue and give the same, and with national laws aimed at enforcing the same to which
the Owner is subject, and to obey the orders and directions of those who are charged
with their enforcement;

and the Charterer shall indemnify the Owner for any claims from holders of Bills of Lading
or third parties caused by the Vessel proceeding as aforesaid, save to the extent that such
claims are covered by additional insurance as provided in sub-clause (d)(iii).

(d) Costs:
(i) If the Vessel proceeds to or through an Area where due to risk of Piracy additional
costs will be incurred including but not limited to additional personnel and preventative
measures to avoid Piracy, such reasonable costs shall be for the Charterer’s account.
Any time lost waiting for convoys, following recommended routeing, timing, or
reducing speed or taking measures to minimise risk, shall be for the Charterer’s
account and the Vessel shall remain on hire;

(ii) If the Owner becomes liable under the terms of employment to pay to the crew any
bonus or additional wages in respect of sailing into an area which is dangerous in the
manner defined by the said terms, then the actual bonus or additional wages paid
shall be reimbursed to the Owner by the Charterer;

(iii) If the underwriters of the Owner’s insurances require additional premiums or

(iv) All payments arising under this sub-clause (d) shall be settled within 15 days of
receipt of Owner’s supported invoices or on redelivery, whichever occurs first.

(e) If the Vessel is attacked by pirates any time lost shall be for the account of the Charterer
and the Vessel shall remain on hire.

(f) If the Vessel is seized by pirates the Owner shall keep the Charterer closely informed of the
efforts made to have the Vessel released. The Vessel shall remain on hire throughout the
seizure and the Charterers’ obligations shall remain unaffected, except that hire payments
shall cease as of the 91st day after the seizure and shall resume once the Vessel is
released. The Charterer shall not be liable for late redelivery under this Charter Party
resulting from seizure of the Vessel by pirates.
BIMCO: ninety-first (91st) day after the seizure until release. The Charterers shall pay hire, or if the Vessel has been
redelivered, the equivalent of Charter Party hire, for any time lost in making good any damage and deterioration
resulting from the seizure. The Charterers shall not be liable for late redelivery under this Charter Party resulting from
the seizure of the Vessel.

(g) If in compliance with this Clause anything is done or not done, such shall not be deemed a
deviation, but shall be considered as due fulfilment of this Charter Party. In the event of a
conflict between the provisions of this Clause and any implied or express provision of the Charter
Party, this Clause shall prevail to the extent of such conflict, but no further.