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INTERTANKO AGM ATHENS 2005

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INTERTANKO AGM ATHENS 2005 – PowerPoint PPT presentation

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Title: INTERTANKO AGM ATHENS 2005


1
INTERTANKO AGM - ATHENS 2005
  • INDUSTRY CHALLENGES - SECURITY THROUGH THE EYES
    OF AN AGENT

Leigh Phillips President
2
Definition of Agency
  • A Legal Relationship created by an Agents
    Agreement to Represent or Act for the Principal
  • The Agent is empowered by the Principal to
  • achieve Savings in Port Expenses
  • save Time for the Vessel in Port
  • To this we now add
  • ATTENTION TO SECURITY PROCEEDURES

3
TODAYS AGENTS VALUE
4
COST TO THE AGENT
  • Consumed by Security Time Demands
  • Increase in Liabilities/Penalties
  • Immeasurable Risk of Burning out an Experienced
    Agent
  • Increased risk of going out of business

5
STEAMSHIP ASSOCIATION OF LOUISIANA (SALA)
6
AUTOMATIC MANIFEST SYSTEM (AMS)
  • Final Rule December 2003
  • Effective in March 2004
  • All Vessels, including Bulk Vessels, carrying
    Import Cargo must
  • become AMS approved Carriers
  • file their Inbound Manifest electronically 24
    hours prior to arrival.

7
MANAGING THE CHANGE CURVE

Denial
Shock
Stage 2
Stage 1
Acceptance
Stage 4
Self-Esteem, Ability to Cope, Productivity
Resistance
Stage 3
Time
Time
8
SHIP SPARES NOW MANIFESTED IN AMS
  • Vessel/Ship spares that are unladed from one
    vessel intended for export, consumption, repair
    outside the US or transfer to another vessel must
    be manifested in accordance with 19 CFR 4.7a (c).
    The cargo declaration data must be transmitted
    electronically to CBP via Sea AMS as soon as the
    determination is made to unload the vessel/ship
    spare(s).
  • The crux of the problem is CBPs differing
    requirements based on circumstances. Sometimes
    spares can be handled via a CF 3171, sometimes
    spares require an AMS entry … (In Port Arthur
    even the cases for 3171 require two additional
    items, an additional US Crew List or receipt of
    Crew List, plus a 90 day Port Call List.)

9
SECURITY RULES AND REGULATIONS BURNING UP AGENTS
TIME
  • NOA
  • CREW CONTROL SECURITY PLAN
  • OFFSHORE SECURITY BOARDINGS

10
Notice of Arrival (NOA)
  • Final Rule became Effective April 1, 2003
  • 33 CFR 160.212 specifies an NOA must be filed
  • 96 hours prior to arrival (for voyages over 96
    hours) or
  • 24 hours before entering the port of place of
    destination (for voyages less than 96 hour)
  • NOA INFORMATION CATAGORIES
  • Vessel Information
  • Voyage Information
  • Cargo Information
  • Information for each Crewmember Onboard
  • Information for each Person On board in Addition
    to Crew
  • Operational condition of equipment required by
    164.35
  • International Safety Management (ISM) Code Notice

11
(No Transcript)
12
NOA CHANGES
  • 24 hours before entering a port of place of
    destination (for voyages between 96 and 24
    hours) OR
  • 12 hours before entering a port or place of
    destination (for voyages less than 24 hours)
  • A port or place of destination is defined in CFR
    160.204 as any port or place in which a vessel
    is anchored or moored
  • An NOA must include EVERY facility or berth the
    vessel goes to AND any other place at which it
    will anchor or moor.
  • The USCG uses this information as part of its
    Maritime Domain Awareness efforts. If a vessel
    has a new facility added or goes out to
    anchorage, clean tanks, or lighter, they are all
    places under the NOA regs……….even though
    according to CBP, the vessel never left the
    port.
  • Changes come into play more times then not
    particularly for you Chemical Tanker Operators
    changing facility rotations is constant and
    continuous.

13
MOST COMMON ERRORS
  • (See NVMC NEWS)
  • Website http//www.nvmc.uscg.gov

14
PENALTY FOR FAILURE TO FILE NOA
  • Official Tariff Fine 32,500
  • Plus time lost! - UP TO 96 HOURS
  • Example

15
THE RESPONSIBLE PARTY
  • 33 CFR 160.212 States throughout
  • The Owner, Agent, Master, Operator, or person
    in charge of the vessel………….
  • USCG NATIONAL VESSEL MOVEMENT CENTER (NVMC) -
    Notice of Arrival Instructions HINTS and TIPS
  • If you are a shipping agent, you can have your
    clients fill out the spreadsheet on the ship and
    then have them send you a copy when they send it
    to NVMC.
  • USCG HEARING OFFICE
  • I noted (from your letter) that the vessel made
    an attempt to comply with the regulation and that
    due to an error by your company NOA was not
    forwarded to the correct office as required by 33
    CRR 160.210. However, it is ultimately the
    responsibility of the Master of the vessel for
    ensuring his vessel meets the security
    regulations prior to entering port.

16
OTHER TIME KILLERS
  • Security Plan
  • Agent is either ordered to use a Security Company
    or Master permitted to perform the CCSP.
  • No Standard submission / approval of Security
    Plan by USCG or CBP
  • Security Plan requirements different at every
    port
  • Gate List
  • Facility Gate List needs to be resubmitted daily
    / edited for every shift change.
  • Vendors do not know in advance who they are going
    to send.
  • Some terminals require information 24 hrs prior
    to vessel arrival.
  • All terminals have different Gate list rules,
    delivery rules, rules for cars on terminal or
    require use of terminal transportation.
  • Sometimes we update Gate list 12 times in a
    three-day vessel call.
  • In general, there are no standard rules for
    Security Plans or Gate Lists!!

17
OFFSHORE SECURITY BOARDINGS (OSB)
  • Adds additional time and frustrations.
  • ISPS inspections or Sea Marshall usually mean
    mandatory OSB extra coordination / cost for
    Launch (cost for account of Owner/Charterer)
  • Notices of OSB can come to us 4 Days or 4 Hours
    Out
  • Causes changes with the Pilots
  • Calls for SARS ABC Questions
  • Must anchor 12 miles out. Requires 4 hr notice
    for pilot and call to USCG Fusion Center
  • Inconsistency of ordering OSBs, and inability to
    explain to the Owner WHY now, after his vessels
    has been operating Coast Wise for a week, that
    his vessel is issued an OSB order.

18
Challenge for USA AGENTS with the current
security environment
  • The Costs are real, and for some, it probably
    already cost them their company.
  • Three Major Tanker Agencies have gone out of
    business in the last four years
  • All good Agents
  • All have gone out of business since 9/11
  • It is speculated that in the wake of the three
    companies going out of business, Tanker Operators
    were left to pay Millions of dollars of Port
    Expenses a second time.

19
IMMIGRATION RULES The Human Element
  • Affects Seafarers the most!
  • A special note of thanks to the Houston
    International Seafarers Center and many other
    World Ports Seafarers Centers.
  • Ministry of Hospitality Call Home / Go Shopping
    / Relax at the Center
  • The Chaplin takes a phone on board, they have a
    van for a trip to Store and to/from the Center.
  • We can also thank the USCG for working with the
    Center and all the Houston Facilities to give the
    Seafarers Center the ability arrange their own
    unfettered access to and from the ships. The
    Center is the only entity that can put themselves
    on a gate list without going through the agent.
  • Houston International Seafarers Center service to
    Seafarers is indispensable and a bargain for
    their 85 voluntary fee per port call.

20
SOLUTION FOR THE AGENTS SURVIVAL IN THIS NEW
WORLD OF SECURITY
  • TRAINING
  • TRAINING
  • And More TRAINING

21
CONCLUSION
  • My Challenge to the Owners Operators here today
  • Take an interest in the recently published ASBAs
    Agents Criteria for Accounting Procedures,
    Insurance, Training and Testing Requirements, all
    geared towards Raising the Standards of ASBA
    Agents.
  • Vet your Nominated Agent like your Customers vet
    your Vessels
  • Expect continuous improvement in Agency services
  • Reward your good agents with compensatory fees,
    these days, their service is PRICELESS
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