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Shipping & Transport

24 April 2019
Francisco Venetucci Bunker supply and VAT

Argentina - Venetucci & Asociados

The question of whether foreign-flagged ships involved in international trade are subject to value added tax (VAT) when supplying bunkers in Argentina is frequently posed. If a vessel is supplied bunkers in one Argentine port and subsequently calls to another Argentine port before proceeding overseas, this is generally considered to be cabotage and is therefore subject to VAT.

Author: Francisco Venetucci
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André Kegels Changes ahoy! New Maritime Code enacted

Belgium - Kegels & Co

The Chamber of Representatives recently enacted the new Maritime Code, which will replace – to a large extent, but not completely – numerous provisions in several existing codes. The new code is over 470 pages long and consequently cannot be explained in a few lines; however, this article highlights some of the major changes that will be introduced in relation to existing legislation.

Author: André Kegels
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Carsten Vyvers Light goods + heavy pallets x 8.33 special drawing rights?

Germany - Arnecke Sibeth Dabelstein

How should the weight of a shipment containing damaged goods but usable pallets be calculated, considering that this would form the basis for liability? According to a recent Federal Court of Justice decision, if the pallets are still usable, only the net weight of the goods counts. The court held that it is necessary to look closely at what has been damaged, as the fate of some items is not necessarily the fate of others.

Author: Carsten Vyvers
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Enare Erim NIMASA introduces new compliance strategy for cabotage

Nigeria - Akabogu & Associates

The Nigerian Maritime Administration and Safety Agency (NIMASA) recently issued a marine notice to further the Cabotage Act's objectives and to ensure strict compliance. It is expected that this notice would, among other things, ensure greater compliance with the cabotage regime and drive wider indigenous participation in offshore marine operations. However, as the NIMASA has not introduced a fine or other punishment for non-compliance, full compliance with the notice cannot be guaranteed.

Author: Enare Erim
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Michael Harowski Supreme Court to decide availability of punitive damages for seafarer's unseaworthiness claim

USA - Wilson Elser

The Supreme Court will soon decide whether a Jones Act seafarer can recover punitive damages in a personal injury suit based on a vessel's unseaworthiness. The court recently heard oral arguments in The Dutra Group v Batterton, which has teed up the issue that will resolve a split among the circuit courts and provide clarity on the availability of punitive damages for seafarers in general maritime law causes of action. It is unclear how the court will rule on this long-contested issue.

Author: Michael Harowski
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Authors: Godofredo Mendes Vianna, Livia Sancio
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Cyprus - Elias Neocleous & Co LLC

Author: Yiota Georgiou
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