Frank H. Marmol’s Post

The SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in response to the Titanic disaster, the second in 1929, the third in 1948, and the fourth in 1960. The 1974 version includes the tacit acceptance procedure - which provides that an amendment shall enter into force on a specified date unless, before that date, objections to the amendment are received from an agreed number of Parties. As a result the 1974 Convention has been updated and amended on numerous occasions. The Convention in force today is sometimes referred to as SOLAS, 1974, as amended.

See my latest case note on the UKSC’s judgment in RTI v MUR, concerning the limits of a “reasonable endeavours” proviso in a force majeure clause in a shipping contract, exclusively at DMC’s Case Notes #shipping #maritimelaw #forcemajeure #arbitration #litigation

The UK Supreme Court recently considered the effect of 'reasonable endeavours' clauses in RTI Ltd v MUR Shipping BV [2024] UKSC 18. The Court determined that a party will not be required to accept non-contractual performance to prevent or minimise the impact of force majeure events, even where a proposed compromise appears reasonable. Force majeure clauses have been of increasing relevance in recent times and contracting parties often have to act quickly in the face of unexpected events. Knowing the bounds of your obligation to compromise is an important part of the decision-making process. The case will also be of interest more generally when interpreting the requirements of 'reasonable endeavours' provisions. We analyse the facts of the case and provide key takeaways here:

Understand the changes imposed by Executive Order 14114 from our experts.

The "Foreign Countries List" It's a bit difficult to find, so here is the link for you to bookmark: https://lnkd.in/g_JhkZ2M Why is it important? Australia now controls domestic access to technology on our Defence and Strategic Goods List (DSGL). This list contains hardware, software and technology akin to what is listed on the ITAR's USML or EAR's CCL. If you have engineers in Australia working for your company, and they are not Australian Citizens or Permanent Residents, you'll need to consult this list. If they are citizens or permanent residents of a country on the Foreign Countries List, you can give them access to this technology without a permit from Defence Export Controls. If they are not, you'll need a permit from DEC to ensure they can keep working on projects involving DSGL goods and technology. Do you have a diverse workforce? Time for your to assess your workforce, particularly your engineers, to determine if they can keep working on the technology you are producing without a permit from DEC. Spoiler alert... China is not on the List of 31 countries. Offense provisions to the tune of $782k per violation come into effect March 2025. If you find the legislative changes confusing, we have a short on-line course to help explain what you need to do to manage risk. (Visit the International Trade Advisors website.)

📢 Sanctions Update 🔍 "It is not simply a matter of surname": Insights from Al-Assad v Council Today, the General Court delivered a significant ruling on the legality of family-based designations under the Syria sanctions regime. The Al-Assad case affirms that the (Assad) surname alone is not enough to impose sanctions. Instead, the Council's designations are made on an individual and case-by-case basis, taking into account the proportionality of the measure. While the scope of family-based designations may appear broad, it specifically targets a clearly identifiable circle of individuals — those closely associated with the Assad family, in line with the broader objectives of the sanctions regime. You know me 🙋🏻♀️ — I love to dive into sanctions case law and family designations. It’s a fascinating topic of legal debate, and this ruling is another key piece in understanding how EU sanctions operate. Anton M. Graham Butler Antje Kunst

On September 5, 2024, U.S. Customs and Border Protection (CBP) released Volume 6, Issue 8 of its “Trade News Snapshot”, marking the transition from the quarterly CBP Trade Enforcement Bulletin. The latest publication focuses on global interoperability standards testing for 2024-2025, CBP’s recent anti-counterfeiting initiatives, and trade statistics for July 2024. Stay informed by accessing the full report here: https://lnkd.in/gA5ddge9. #CBP #TradeNews #GlobalTrade

ILSA UNN Weekly Digest Do you know that.. “ ... simply signing a treaty does not usually make a State a party. By signing a treaty, the State only indicates it's intention to take steps to express it's consent to be bound by the treaty at a later date. ” Under the Vienna Convention of the Laws of Treaties, the consent of a State to be bound by a treaty is expressed by the signature of its representative when: (a) the treaty provides that signature shall have that effect; (b) it is otherwise established that the negotiating States were agreed that signature should have that effect; or (c) the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation. #ILSA_UNN #ILSA_UNN_WEEKLY_DIGEST #ILSA_UNN_RESEARCH_TEAM #InternationalLaw

On June 12, 2024, U.S. Customs and Border Protection (CBP) shared a comprehensive fact sheet reviewing their milestones and activities for the 2023 fiscal year. The fact sheet delves into various crucial areas, including trade facilitation, intellectual property rights enforcement, and trade remedies. Here are some key highlights from the sheet: - CBP successfully processed over $5 trillion in imports and exports. - More than 1 billion de minimis shipments, valued at over $50 billion, were efficiently handled. - A total of 19,522 shipments were seized due to intellectual property rights violations. - CBP assessed over $38 billion in Section 301 duties. - Additionally, 4,415 shipments were intercepted under suspicion of being manufactured using forced labor. For further insights and detailed information on CBP's activities during the fiscal year 2023, you can access the "FY 2023 CBP Trade Sheet" by clicking on the link below: https://lnkd.in/g8gvB_Sb #CBP

On August 14, 2024, Law 2419 of 2024 was enacted, approving the "Protocol of 1988 relating to the International Convention on Load Lines, 1966" and the "Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974" both adopted in London on November 11, 1988. The approval of these protocols requires, amongst others, adjusting the Harmonized System of Recognition and Certification concerning the regulations on ship inspection and certification and implementing the certification models provided for in the protocols. Furthermore, their implementation will help reduce the operating costs of ships engaged in international traffic by minimizing the stops needed for inspection and certification. #Garciarboleda #MaritimeSafety #InternationalTransport #NavalCertification #GlobalTrade #MaritimeProtocols