Sunday, November 16, 2008

SHIPPING (Exp & Imp) AND MARITIME TERM

VARIOUS TERMS AND ABBREVIATIONS WIDELY USED IN SHIPPING BUSINESS (Exp & Imp) AND MARITIME SECTOR.


Compiled by:

Beny Jackson Maliota
ANT II A 2ND BADGE 2007

As navigational and safety communications from ship to shore and vice versa, from ship to ship, and on board ship must be precise, simple and unambiguous so as to avoid confusion and error, there is a need to standardize the language used. This is of particular importance in the light of the increasing number of internationally trading vessels with crews speaking many different languages, since problems of communication may cause misunderstandings leading to dangers to the vessel, the people on board and the environment.

The provisions of regulation V/14.4 of the International Convention for the Safety of Life at Sea, 1974, requiring that on all ships to which chapter I thereof applies, English shall be used on the bridge as the working language for bridge-to-bridge and bridge-to-shore safety communications as well as for communications on board between the pilot and bridge watchkeeping personnel unless those directly involved in the communications speak a common language other than English,

That the standardization of language and terminology used in such communications would assist the safe operation of ships and contribute to greater safety of navigation,
The wide use of the English language for international navigational communications and the need to assist maritime training institutions to meet the objectives of safe operations of ships and enhanced navigational safety through, inter alia, the standardization of language and terminology used.

NtM
Notices To Mariners
United Kingdom Hydrographic Office (UKHO) Publication Contain information, which enable the mariner to keep his charts and books published by UKHO up-to-date for the latest report received. The notices are published in weekly editions.

LOP
Line Of Position or Position Line is a line on the earth’s surface which represents the locus of an observer who moves such that some item of observed information remains of constant value

NEMEDRI
North European and Mediterranean Routing Instruction.
A publication book contains important routing instruction for North European and Mediterranean passage.

RHUMBLINE
Rhumbline or Loxodrome is a line crossing all Meridians at the same angle, i.e a path of constant bearing. On a Mercator projection map, a loxodrome is a straight line, beyond the right edge of the map it continues on the left with the same slope.

MERCATOR MAP PROJECTION.
A conformal cylindrical map projection in which the surface of a sphere or spheroid, such as the earth, is developed on a cylinder tangent along the equator. Meridians appear as equally spaced vertical lines and parallels as horizontal lines drawn farther apart as the latitude increases, such that the correct relationship between latitude and longitude scales at any point is maintained. The expansion at any point is equal to the secant of the latitude of that point, with a small correction for the ellipticity of the earth.

GREAT CIRCLE
A circle drawn on the surface of a sphere, whose plane passes through the centre of the sphere

MERCATOR SAILING
A method of solving the various problems involving course, distance, difference of latitude, difference of longitude, and departure by considering them in the relation in which they are plotted on a Mercator chart. It is similar to plane sailing, but uses meridional difference and difference of longitude in place of
difference of latitude and departure, respectively.

MERIDIAN
A north-south reference line, particularly a great circle through the geographical poles of the earth.

NAVIGATION
The process of planning, recording, and controlling the movement of a craft or vehicle from one place to another.

TERRESTRIAL NAVIGATION
Navigation involving frequent or continuous determination of position relative to observed geographical points, to a high order of accuracy; directing the movements of a vessel near a coast by means of terrestrial reference points.

CELESTIAL NAVIGATION
Navigation by celestial bodies. Comprising principally celestial coordinates, time, and the apparent motions of celestial bodies.

ALRS
Admiralty List of Radio Signals
British admiralty publications (8 volumes, some of them in double or triple books) informing the navigators about all the radio stations and various kind of broacasted informations such as time signals, weather & navigational warnings, positioning systems, VTS procedures and many other. They are regularly updated through the weekly published Notice to Mariners,

TURNING CIRCLE
The path followed by the pivoting point of a ship in making a turn 360 degrees or more. For the ordinary ship, the bow will be inside and the stern outside this circle.

KICK
The distance the ship moves sidewise from the original course away from the direction of the turn after the rudder is first put over

ADVANCE
The distance gained when the ship has turned through 90 degrees in the direction of the original course.

TRANSFER
The distance gained at right angles to the original course when the ship has turned through 90 degrees.

TACTICAL DIAMETER
The distance gained to the right or left of the original course when a turn of 1800 (Degrees) has been completed.

DRIFT ANGLE
The angle at any point of the turning circle between the tangent to the turning circle at that point and the keel line of the vessel.

FINAL DIAMETER
The distance perpendicular to the original course between tangents drawn at the points where 180 and 360 degrees of the turn have been completed.


C/P
Charter Party.
A Charter Party is a contract signed between a ship owner and a charter who hires the vessel for a period of time (Time Charter) or for a particular voyage (Voyage Charter)

B/L
Bill of Lading
Bill of Lading is a document which shows that the cargo has been received on the ship by the Master or the Agent on behalf of the Ship Owner. It is also accepted as a Negotioable Document in case the Cargo is to be sold or transferred to the new buyer. This is a Contract between the Shipper and the Ship Owner, with the Terms and Conditions stated therein.

B/L TYPES
1. According to shipping method:
- shipped/on board B/L
- received B/L
2. According to consignee:
- straight B/L
- to the order of
- to bearer
3. According to trade interest:
- negotiable B/L
- non-negotiable B/L
4. According to Cargo condition:
- clean B/L
- claused/foul B/L
5. According to port of destination:
- direct B/L
- through B/L
- optional B/L
- groupage B/L
- house B/L

B/L FUNCTIONS
The bill of lading as evidence of the contract
The bill of lading as a receipt
The bill of lading as a document of title
The bill of lading as a negotiable document

NVOCC
Non-Vessel Operating Common Carrier
Non-vessel operating common carriers (NVOCC) are one type of sea freight forwarders. Instead of using their own ships, they operate as transportation or logistics intermediaries. That is, they book space on ships and sell it in smaller quantities, consolidating freight for transport in containers. One of the largest NVOCC is Kühne + Nagel (is a German-founded transportation and logistics company based in Schindellegi, Switzerland. It is the world's largest non-vessel operating common carrier, and as such, has strong buying leverage with the major shipping lines of the world.. An example of another large NVOCC is DHL. IAL is the largest NVOCC across the Middle East, Indian Sub continent, South East Asia and the Far East Smaller shippers, with less-than-containerload (LCL) shipments, can take advantage of the lower costs associated with being a big shipper. Non-vessel operating common carriers (NVOCCs) book space on steamships in large quantities at lower rates and sell space to shippers in smaller amounts. NVOCCs consolidate small shipments into containerloads that move under one bill of lading. More favorable rates are passed on to the shipper.

NOR
Notices Of Readiness
A written notice of ship’s readiness when ship have reached and be lying in a customary waiting area within the port and in all respect ready to load or discharge her cargo.

LAYCAN
Laydays and Cancellation
Range of dates within the hire contract must start. For example LayCan 10-15/9, that is mean Layday on the 10th of September and Cancellation Date on the 15th of September, vessel should arrive at first date, however her arrival exceed than second date will regard as Cancellation Date and charterer will terminate charter agreement.

LAY DAYS
Time allowed to load/discharge the ship. The method of calculation of the days is fixed by the charter party.

WWDSHEXUU
Weather Working Days Sundays Holidays Excepted Unless Used.These days are not counted.
a shipping term denoting the number of days of favourable weather allowing for the unloading of cargo

DEMURRAGE
The amount paid to the Ship-owner by a Charterer for any delays in loading or discharging of Cargo within stipulated time as mentioned in the Charter Party.

DESPATCH
A bonus paid by the Ship-owner to the Charterer, if the loading or discharging of cargo is completed much earlier than the stipulated time as mentioned in the Charter Party.

LINER TERMS
of freight rate, the freight is inclusive of carriage and cost of cargo handling at the loading and discharging ports

“Arrived” in a Voyage Charter
Means:
Vessel must have reached and be lying in a customary waiting area within the port where discharge and loading operations are normally practice and be in a position to tender Notice of Readiness.


FIOST
Free In Out Stowed and Trimmed
Certain commodities require both stowing and trimming – e.g.: scrap metal in bulk. This term ensures that none of the loading, discharging stowing or trimming expenses will be for the account of the carrier. For similar terms for some goods, traders must be even more explicit. For example, with motorcars, equivalent terms would be used so as to read 'free in, out, lashed, secured and unlashed'.

FILO
Free In Liner Out
Trade term. The seller of the goods pays their shipment and provide all the documentation at the loading of freight rate, the freight is inclusive of carriage and cost of cargo discharging, i.e. unlike liner terms, it does not include the cost of loading; FILO for short; also known as free in liner terms discharge or FILTD for short Freight rate that includes carriage and the cost of discharging (offloading) as per the custom of the port. FILO rate excludes the cost of loading and (where required) the cost of stowage and lashing.

LIFO
Liner In Free Out
of freight rate, the freight is inclusive of carriage and cost of cargo loading, i.e. unlike liner terms, it does not include the cost of discharging; LIFO for short Tackle to Tackle


GENERAL AVERAGE
A loss arising out of an action or any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure. The sacrifices and expenses shall be borne by the different contributing interest on the basis of their value.

PA
Particular Average
A loss suffered by a single individual, the sacrifices and expenses shall be borne by the party concerned (e.g. cargo damage by the cargo owner, damage of the ship by the ship’s owner)

JETTISON
Clause in a voyage charter party, which stipulates the circumstances under which a master can jettison goods from a ship. A Marine Insurance term referring to the throwing of cargo overboard to lighten the ship in order to save it from sinking. Jettison is one of the many perils covered under Institute Cargo Clauses A, B and C.

MOLOO
More Or Less Owner Option
Chartering term: range of weights of the goods to be shipped. Often expressed in percentage. MOLOO 50000 10% = 45000 to 55000 tons.
which means that the owners have option to ask for any percentage of cargo as stated in fixture (indicates a ship has been fixed for employment) note

MOLCO
More Or Less Captain Option
which means that the Captain has option to ask for any percentage of cargo as stated in fixture (indicates a ship has been fixed for employment) note

When do laydays commence to count?
Laydays commence when a vessel is to present herself at the first (or sole) loading port. This spread should be entered in a contract, as well as conditions under which the contract can be cancelled in the event that the vessel is unable to meet those dates.

WIBON
Whether In Berth Or Not
States that Notice of Readiness (NOR) can be tendered whether the vessel is in berth or not

WICCON
Whether In Custom Clearance Or Not
Meaning that the NOR can be tendered even if the ship is not yet clear custom matters.

WIFPON
Whether In Free Pratique Or Not
Meaning that the NOR can be tendered even if the ship is not yet gain Free Pratique.

DP (ISM-CODE)
Designated Person Ashore
For the ISM Code, any member of the Owner's staff who is aware of the problem of the vessels, and who has a direct access to the top management.

ASA
Always Safely Afloat
always safely afloat clause is inserted in the charterparty for the purpose of preventing a vessel from being ordered to berth where it cannot load/discharge without touching the ground or discharging part of its cargo prior to berthing.


NASABSA
Not Always Safely Afloat But Safely Aground
this term may be negotiated when a ship calls at a port where it is impossible for the vessel to remain always afloat, e.g. due to low tide in a port where the seabed consists of soft mud.
Most owners (especially of deep-sea vessels) will stipulate that their ships proceed only to ports where there is sufficient water to remain always afloat, so as to avoid the risk of hull damage. There are areas and ports, however, where water depth is restricted but, the bottom being soft mud, it is customary for ships to safely lie on the bottom at certain states of the tide. – e.g.: River Plate. In such a case, owners will probably agree to proceed NAABSA.

TIP
Taking Inward Pilot
Signifies a location on arrival at which (but only upon taking aboard the pilot a ship delivers on to her time charter. Of advantage to a time charterer when compared with APS (which see) as, in the event of a suspension of the pilotage service, or of late boarding by a pilot, the risk and expense of delay is that of the shipowner.

DOP
Dropping Outward Pilot
Signifies a point of delivery onto or redelivery off time charter, following a vessel's sailing from a port.
Time often used as the end of a Voyage charter when the vessel leaves the last discharge port.

UKC
Under Keel Clearance
Vertical distance between seabed and ship’s keel

LOCK OUT
lockout is a work stoppage in which an employer prevents employees from working. This is differentiated from a strike, in which employees refuse to work.

A lockout may happen for several reasons. When only part of a trade union votes to strike, the purpose of a lockout is to put pressure on a union by reducing the number of members who are able to work. For example, if a group of the workers strike so that the work of the rest of the workers becomes impossible or less productive, the employer may declare a lockout until the workers end the strike.

ATL
Actual Total Loss
Where the subject-matter (Ship) insured is destroyed, or so damaged as to cease to be a thing of a kind insured, or where the assured is irretrievably deprived thereof.

CTL
Constructive Total Loss
After an incident such as collision, grounding, fire, if it is too expensive to repair or return the ship to her original condition or repairing cost is higher than ship’s value after repaired, the insurance consider it is lost. The vessel is abandoned or sold as scrap.

A/R
All Risk
All Risks cover by Hull & Machinery Insurance, which comprise and categorize as Marine Perils

TLO
Total Loss Only
Risks cover by Hull & Machinery Insurance for Total Loss Only

P & I
An organization settled by a group of Owners to insure, among other, liabilities not covered by the Hull and Machinery insurances.
P&I stands for Protection and Indemnity. P&I is insurance in respect of third party liabilities and expenses arising from owning ships or operating ships as principals. The risks typically covered by P&I Clubs are described in more detail under Insurance Cover. It is not hull insurance, war risk insurance, loss of profit/freight insurance, detention insurance, strike insurance or uninsured legal expenses (Defence) cover.

L/C (Letter of Credit)
Letter of Credit is a financial Instrument issued by an importer's bank (opening bank, on behalf of the importer). The opening bank substitutes its own credit for that of the importer, and undertakes a commitment to designated beneficiary (the exporter) to pay a stated amount within a stated time frame, provided that the exporter complies with all the terms and conditions of the Letter of Credit.

Documents in order to negotiate funds in a L/C
One set of Clean Shipped Order Bill of Lading
Certificate of Origin
Consular invoice
Certificate of Weight-Packing List
Survey of Insurance
Survey Report

Three condition of the “Due Diligence Clause” in the Hague Rules and 5 immunities from Hague Rules
Due Diligence Clause According to Hague Rules Article III (i) as follows:
The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to:
Make the ship seaworthy
Properly man, equip and supply the ship
Make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation.

17 Immunities from Hague Rules :
(1) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.
(2) Fire, unless caused by the actual fault or privity of the carrier.
(3) Perils, dangers and accidents of the sea or other navigable waters.
(4) Act of God.
(5) Act of war.
(6) Act of public enemies.
(7) Arrest or restraint of princes, rulers or people, or seizure under legal process.
(8) Quarantine restrictions.
(9) Act or omission of the shipper or owner of the goods, his agent or representative.
(10) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general.
(11) Riots and civil commotions.
(12) Saving or attempting to save life or property at sea.
(13) Wastage in bulk of weight or any other loss or damage arising from inherent defect, quality or vice of the goods.
(14) Insufficiency of packing.
(15) Insufficiency or inadequacy of marks.
(16) Latent defects not discoverable by due diligence.
(17) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.

Cesser and Lien Clause
clause in a voyage charter party which stipulates that the charterer's liability ceases once the cargo has been shipped and the owners have a lien on the cargo for freight, dead freight, demurrage and general average contributions

Cesser clause
clause in a voyage charter party which stipulates that the charterer's liability ceases once the cargo has been shipped
In addition to the right of lien conferred on the Owners according to the provisions of the charter-party lien clause, the Owners also to have a lien over bunkers on board, as well as over any sums due to Time Charterers under any sub-charterparties (in addition to freights and sub- freights), for any amounts due under this charter-party. Further, in the event of the Owners' exercise of their liberty to withdraw the vessel in accordance with the provisions of the charter-party withdrawal clause, the ownership of any bunkers remaining on board shall thereupon vest in Owners, who shall allow to Time Charterers by way of credit against any sums due to Owners the value of such bunkers calculated in accordance with the provisions of the charter-party bunkers clause applicable on redelivery.

SIHF
Standard Indonesian Hull Form

RDC
Running Down Close
The RDC, or “running down” clause, provides coverage for legal liability of either the shipper or the common carrier for claims arising out of collisions. (Collision loss to the vessel itself is part of the hull coverage.) The RDC clause covers negligence of the carrier or shipper that results in damage to the property of others
The clause in an ocean marine hull policy which covers damage done to another ship by collision, and other property damage caused by collision.

LOF and its settlement
The concept of Lloyd’s Open Form Salvage Agreement is “No Cure-No Pay”. In case of salvage, Insurer recommends to use LOF contract base on “No Cure-No Pay”. No bargaining for this contract since it’s settlement will be held in London through Arbitrator.

Example right of subrogation
In case of Constructive Total Loss, where the insurer pays for a total loss, wreck becomes insurer’s property
MARINE INSURANCE ACT 1909 - SECT 85
Right of subrogation
Where the insurer pays for a total loss, either of the whole, or in the case of goods of any apportionable part, of the subject-matter insured, he thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subject-matter so paid for. He is thereby subrogated to all the rights and remedies of the assured in and in respect of that subject-matter as from the time of the casualty causing the loss.
Subject to the foregoing provisions, where the insurer pays for a partial loss, he acquires no title to the subject-matter insured, or such part of it as may remain. However, he is there upon subrogated to all rights and remedies of the assured in and in respect of the subject matter insured as from the time of the casualty causing the loss, as far as the assured has been indemnified, according to this Act, by such payment for the loss.


Notice of Abandonment
Subject to the provisions of this section, where the assured elects to abandon the subject-matter insured to the insurer, he must give notice of abandonment . If he fails to do so the loss can only be treated as a partial loss.
In case of CTL insurant should give Notice of Abandonment to Insurer, once accepted this notice regarded irrevocable. Insurant liability to change owner of interest (Wreck) to insurer.

PSC
Port State Control
IMO/SOLAS regulation that allows the states to inspect the vessel calling their port, and detain them if safety deficiencies are observed. A person duly authorized by the competent authority of a party to a relevant convention to carry out port state control inspection.

International Conventions related to PSC
IMO (International Maritime Organisation)
ILO (International Labour Organisation)
STCW 95 (Standard training certification and watchkeeping for seafarer)
ILL (International Load Line)
SOLAS 74 (Safety Of Life at Sea)
Sub Rules ISPS, ISM-CODE
MARPOL (Marine Pollution)

BILL OF HEALTH
Letter of declaration issued by Port Health Center and endorsed by Port Health Officer, which certified that ship was free from any contagious disease and her crew in good health condition.

What are the steps to be taken by the Master if his ship is involved in a collision and its seaworthiness is affected?
Under the LOF agreements, The Master of a ship in distress has a reasonably wide power when faced with a case of urgency and necessity to bind owners of the vessel and the owners of cargo by his action in negotiating and fixing a salvage agreement to save ship, property, cargo, and person on-board.

F.C.S.R.CC
Free Capture, Seizure, Riot, Civil Commotion

Risk Covered by P & I Club
Loss of life and personal injury
Damage to fixed and movable objects
One-fourth of damage done to other ship in collision
Cargo claims providing they were not caused by improper stowage

What is the basis of Marine Insurance?
Basis of Marine Insurance for covering all risk categorized as Marine Perils.

What is the purpose of Certificate of Origin and Consular Invoice
Certificate of Origin
The document certifies that goods were manufactured in a country as stipulated in document. It is signed by the shipper and may also be a certified by a local Chamber of Commerce, notarized, and even visaed by a resident foreign consul. A Certificate of Origin may be required by a foreign government for control purposes, or by the foreign importer to ensure that he receives U.S. goods.

Consular Invoice
Prepared from the information on the commercial invoice by the buyer's consulate or embassy in the shipper's country, these documents are usually stamped with an official seal. They may be specific forms required by the destination country's government or simply copies of the Commercial Invoice. Consular Invoices are required for control of certain commodities and to ensure valuation control.

Commercial Invoice
A commercial invoice is the basic statement of the seller to the buyer for payment of the goods shipped. It must conform to any Letter of Credit requirements, foreign government requirements, and U.S. export control requirements regarding destination statements. It is used as one of the primary documents in the collection process, and is the main document used by foreign Customs for control, valuation of the goods, pricing, terms of sale, payment and delivery, credit numbers, import license numbers, shipper and consignee names, and shipping marks and numbers. Commercial invoices are usually signed by the exporter.

Customs Invoice
Certain countries require special invoices containing specific information for the Customs clearance and valuation of imported shipments. These documents contain most of the elements of the Commercial Invoice, and are usually in the language of the importing country. The Canadian Customs Invoice is the most popular of this type.

Delivery Order
Document issued by the Customs broker to the ocean carrier as authority to release the cargo to the inland carrier.

Pro forma Invoice
The Pro Forma is used primarily to document to the buyer, in advance, the cost and terms of sale of a proposed export. It is used by the foreign buyer as a quotation from the exporter and also to assist in applying for a Letter of Credit from his bank. The Pro Forma Invoice serves as the basis for the subsequent Commercial Invoice

Transmittal Letter
The Transmittal Letter, commonly prepared with a Bank Draft, is the document used to send shipping documents to a remitting bank for processing either a collection or payment/negotiation under a Letter of Credit. It contains the shipper's precise and complete instructions on how the documents are to be handled and the payments remitted.

Transshipment
Shipment of merchandise to the point of destination in another country on more than one vessel or vehicle. The liability may pass from one carrier to the next, or it may be covered by "through bills of lading" issued by the first carriers.

What is Bunker Clause?
Clause under the term of a Time Charter Party that the charterers are supplying and paying for the bunkers for the duration of the charter period (appropriate financial adjustments are made for bunkers on board at delivery and conversely ROB at re-delivery)

What is the difference between NYPE and BALTIME?

BALTIME
Time charter party used BALTIME form, In “Off Hire Clause”, In the event of the ship breakdown, charterer was unable to declare ship Off-Hire, however 24 hours incessantly allowed. Beyond such period then charterer declare ship “Off-Hire”.

NYPE
Time charter party used NYPE form, In “Off Hire Clause”, In the event of the loss of time due to damage or any reason whatsoever of preventing the full working of the vessel will lead ship put Off-Hire immediately.

Why do Exporters/Shippers always insist on having a Clean B/L?
Because one condition in order to negotiate funds in a L/C by produces CLEAN B/L, bank might be able to refuse re-fund if B/L found with remarks.

What is the risk for a Shipping Com receiving a Letter of Indemnity?
Letter of Indemnity offering a guarantee to shipping company that any possibility risks subsist in gaining Clean B/L will be shipper’s accountability. In case of claim produce for any brake down, shortage, and discrepancy in shipment, Carrier should compensate for such loss and seek party who issued LOI for any claim incurred there from.

Why is it preferable to use LOF in case of Salvage?
The concept of Lloyd’s Open Form Salvage Agreement is “No Cure-No Pay”. In case of salvage, Insurer recommends to use LOF contract base on “No Cure-No Pay”. No bargaining for this contract since it’s settlement will be held in London through Arbitrator. Read More......

Wednesday, November 12, 2008

Clearance Process For YACHT

The following informations are applicable for any yachts call at Ambon Port


For those who intentionally pay a visit to Ambon for tourism purpose by Yacht whether as Individual or Group of Yachts, should notify your arrival to Immigration Office and Harbor Master Office.
Port of Clearance is required prior to departure Ambon Port or leaving port limit boundary (check the yellow map below). My office (Ambon Port Authority, Harbor Master Department locally known as Kantor Adpel bidang Kesyahbandaran) will issue a clearance letter upon your own request by produce associate documents such as:

1. CLEARANCE FROM ORIGIN PLACE OF DEPARTURE OR CUSTOM OFFICE.
2. (Clearance Approval for Indonesian Territory or C.A.I.T).
3. CREW LIST.
4. REGISTRY CERTIFICATE.

All Yacht Skippers who propose their yacht for a clearance are subject for safety inspection.

Remember before attend my office you should still report to custom and port health office (Map Included) on your intention to depart from Ambon and also get acknowledgement stamp from immigration office. After completion all the steps above then you may proceed to my office (Ambon Port Authority) and bring along with you also 3 (Three) copies of above mentioned documents in returning for obtaining your Port of Clearance, Clearance services are available around the clock excluding for ship’s certificate retention only treated during office hour. All services are free of charge and first come first treated applied.
You are also suggested to endeavor your yacht always in seaworthiness condition at all times available and all equipment attached to it must be working properly. Adhere to arrangements and operational requirements (International Convention) for all safety equipments. Please refer to DBCYA safety equipments checklist.
We deserve to adopt any necessary action should we found any breaches regarding safety and we have an absolute right to suspend your activity until such violation resolved.


DIRECTORY MAP OF CUSTOM AND PORT HEALTH OFFICE




For any further detailed information please contact me (Beny Jackson Maliota) at

+6281399889884 or you can reach me at beny_maliota@yahoo.com. Same account apply also for yahoo messenger and www.friendster.com

Read More......

DARWIN – AMBON YACHT RACE


(PEACE MISSION TO THE WORLD)


This event had become an annual calendar activity for the government of Moluccas province. Race Organized by Dinah Beach Cruising Yacht Association (Northern Territory, Australia), and PT. Sandy Delima, Tour and Travel Agency as a local organizer on behalf of Moluccas Government. Race itself had brought positive encouragement to the world outside regarding prevailing peace condition in Ambon, which previously devastated due to racial clashes erupted during 1999-2002.

Situation had been restored and people of all various different background work in harmony and living in peace, people from different background giving their contribution in achieving accomplishment of this race, all at once, to promote this place as one of the most historic place in Indonesia being one of Top-Choices Tourism destination. For the convenient purpose of all participants, who have safely arrived and landed at Ambon, The Joining Authorities (Harbor Master, Immigration, Custom, and Port Health) will provide and render pleasant service environment by setup some boarding officers for fast and easy clearance reason.



Just like one roof service (Proudly to declare they never had this kind of service in other place), however, without neglect relevant Local, National and International rule concerned, which should be highly, uphold in giving primary services.



The Race and Rally will start to the East of Stokes Hill Wharf in Darwin Harbour at 1100hours on the 26th July 2008. The course length is approx 600 nautical miles to the finish line in Ambon Harbour
(approx. 3º 43. 3664’ S 128º 08. 0404’ E) off the village of Amahusa.



IMPORTANT INFORMATION
All Participants must attain permission from the Indonesian Authorities for their yacht to enter and remain in Indonesian waters for three months, this document is known as a Clearance Approval for Indonesian Territory or C.A.I.T. The Committee has allowed a five week lead time to obtain this as it MUST be on board, prior to the start of the race.


Due to the fact that Indonesia and Israel do not, at present, share diplomatic relations, yachts registered in and passport holders of Israel are unable to enter the Republic of Indonesia.

Individual crew members including the Skipper MUST have a visa to enter Indonesia. It is highly recommended that persons obtain a 60 day visa from the Indonesian Consulate in Darwin (please allow 5 working days). You will also require two passport size colour photographs with the application to the Consulate. This visa can be extended by Indonesian Immigration by one month at a time up to four times so that the total time in the country does not exceed six months.

It should be noted that if one flies to Indonesia to join a vessel after the race they can obtain a 30 day Visa on arrival (VOA), however this can NOT be extended under any circumstances. All persons arriving in Indonesian on a vessel MUST have a visa prior to departing Australia.

Crew members intending to fly to Indonesia to join a yacht after the completion of the race are advised to apply for a 60 day visa from the Indonesian Consulate prior to departing from Australia.

For those who intentionally pay a visit to Ambon for tourism purpose by Yacht whether as Individual or Group of Yachts, should notify your arrival to Immigration Office and Harbor Master Office.
Port of Clearance is required prior to departure Ambon Port or leaving port limit boundary (check the yellow map below). My office (Ambon Port Authority, Harbor Master Department locally known as Kantor Adpel bidang Kesyahbandaran) will issue a clearance letter upon your own request by produce associate documents such as:
1. CLEARANCE FROM AUSTRALIAN CUSTOM OFFICE.
2. (Clearance Approval for Indonesian Territory or C.A.I.T).
3. CREW LIST.
4. REGISTRY CERTIFICATE.

Remember before attend my office you should still report to custom and port health office (Map Included) on your intention to depart from Ambon and also get acknowledgement stamp from immigration office. After completion all the steps above then you may proceed to my office (Ambon Port Authority) and bring along with you also 3 (Three) copies of above mentioned documents in returning for obtaining your Port of Clearance, Clearance services are available around the clock excluding for ship’s certificate retention only treated during office hour. All services are free of charge and first come first treated applied.
You are also suggested to endeavor your yacht always in seaworthiness condition at all times available and all equipment attached to it must be working properly. Adhere to arrangements and operational requirements (International Convention) for all safety equipments. Please refer to DBCYA safety equipments checklist.
We deserve to adopt any necessary action should we found any breaches regarding safety and we have an absolute right to suspend your activity until such violation resolved.

For any further detailed information please contact me (Beny Jackson Maliota) at +6281399889884 or you can reach me at beny_maliota@yahoo.com. Same account apply also for yahoo messenger and www.friendster.com

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Saturday, November 08, 2008

DOWNLOAD UNDANG-UNDANG

Introduction to Law and Regulation

Hierarchy of Laws and Regulations in Indonesia is sequenced to:

1. Act
2. Government Regulation
3. Presidential Decree
4. Ministerial Decree
5. Directorate Level Decree
6. Regional Regulations

Act ( Undang Undang )

Act is highest regulatory instrument below the national constitution. Act or Law contains regulations in general sense and sanctions for violation.

The initiative to submit a Bill could be taken by the government pr the House of Representative. A bill submitted to the House of Representatives needs discussions in the legislation assembly before approval. If approved, the house sends the Bill to the President.

Government Regulation ( Peraturan Pemerintah )

Government Regulations comes directly after the act or law. It specifies enforceable rules and regulations to implementation and execute the provisions promulgated by the law. The government regulation executes the provision of the act. It is a legal product of the cabinet.

Presidential Decree

This is a directly enforceable legal instrument regulating matters prevailing within the whole cabinet departments and various bodies, functions and or state – owned enterprises under the department.

Ministerial Decree

Ministerial Decree or Regulations comes after Government Regulation. The ministerial decree or ministerial decision enforces rules and regulations concerning matter prevailing with in the jurisdiction of each cabinet, for example the decree of minister of energy and mineral resources stipulate on energy and mineral resources. Regulatory instrument for matters that involve two or more jurisdiction of cabinet ministries is accommodated in a joint decree of the related ministers.

Directorate Level Decree or Decision

The decree or decision of the Director General has the same nature as the decree or decision of the minister. However, the Director General Decree has smaller regulatory scope. For example, a director general of oil and gas decree has smaller regulatory scope than the decree of minister of energy and mineral resources.

Regional Regulation

As a Unitarian State, Indonesia divides into provinces, regencies, districts and villages.
The Head of Provincial administration is Governor.
The Head of Regency / municipal administration is Regent / Mayor
The Head of District administration is District Head ( “Camat” )
The Head of Village administration is Village Head ( “Lurah / Kepala Desa” )

The Governor, Regent / Mayor, District Head, Village Head have the right to issue regulations.

Followings are series list of Act, regulation, and decree which have a close correlation with Transportation and Maritime Related activities. Just click to the corresponded words to download available act.

  • UU No.1 Thn 2008 - ILO Seafarer identity
  • UU No.17 Thn 2008 - Pelayaran
  • Kepres 21 Thn 2007 - Dewan Kelautan Indonesia
  • PP No.38 Thn 2007 - Pembagian Urusan Pemerintah
  • Lampiran PP 38/2007 (Bidang Perhubungan)
  • UU No.31 Thn 2004 - Perikanan
  • PP No.36 Thn 2002 - Lintas damai kapal asing
  • PP No.51 Thn 2002 - Perkapalan
  • PP No.69 Thn 2001 - Kepelabuhanan
  • PP No.7 Thn 2000 - Kepelautan
  • PP No.81 Thn 2000 - Kenavigasian
  • Read More......

    Sunday, November 02, 2008

    New Shipping Law - Law No. 17/2008

    INTRODUCTION

    The Indonesian Government and the House of
    Representatives have officially enacted the draft Shipping
    Law No. 17/2008. The draft was initiated by the
    Department of Transportation, and submitted to
    Commission V of the House at the end of 2005.
    On 8 April 2008, the long awaited bill was approved to
    replace Law No. 21/1992 on Shipping. The new law will
    end PT Pelindo’s monopoly in managing ports by 2011.
    In the older law, the state owned company PT Pelindo
    functioned as both port regulator and port operator, whilst
    the new law rules that the company will no longer be the
    sole port operator in Indonesia in three years time after
    the passing of the law.

    This is seen as a major step towards port sector reform.
    The removal of monopoly on ports opens the sector to
    participation by other operators, whilst the removal of
    regulatory authority of PT Pelindo provides the much
    needed separation between operator and regulator.
    Whilst the new Shipping Law opens up the sector, the
    Negative Investment List limits foreign ownership to only
    49%. Are foreign investors willing to make a major long-
    term commitment and have no control over their
    investment? The Negative Investment List clearly states
    that certain lines of business are open to foreign
    involvement with a maximum ownership of 49%. They
    are: loading and offloading, port facility services, and
    wastes storage.

    MAJOR HIGHLIGHTS

    The new shipping law contains 22 chapters and 355 articles,
    covering inter alia eight new chapters regulating mortgages
    and loans, maritime safety and security, port administrator
    and establishment of sea and coast guard agency. Other
    important clauses in the law is on cabotage principle that
    allows only locally registered vessels to transport domestic
    passengers and cargo within Indonesian waters.
    The law will be followed by a series of eight implementing
    regulations next year. All prevailing regulations that are
    not contrary to the new law or replaced by new ones will
    remain in force.
    The new law introduces a concept of National Port Master
    Plan, that governs the location, construction, operation,
    further development, and development of port master
    plan. Every port will now be required to draw its master
    plan. The Minister of Transportation will define a 20-year
    National Port Master Plan that will be reviewed every five
    years. This master plan will be developed by the
    Government at the latest two years after the new law
    becomes effective.

    Port Master Plan, on the other hand, is required for every
    port. A port master plan will be developed by considering
    the national port master plan, zoning allotment, feasibility
    of technical, economical, and environmental, as well as
    safety and security. The port master plan will include
    zoning for land and water areas.
    The new law initiates a new governance structure within
    ports in Indonesia. Basically, it moves toward a ‘Landlord
    Port’ administrative model, where Port Authority acts as
    regulator and landlord (i.e., provides land, waters, basic
    infrastructure, etc.) and Operators provide services on
    long term contract/concession basis.

    Port Operators consists of Port Authorities and Port
    Operating Units. Port Authorities are established for
    commercial ports, whilst Port Operating Units are
    established for ports that are not yet commercially operated.
    Port Authorities are responsible to the Minister of
    Transportation, and Port Operating Units are responsible
    to the Minister of Transportation and to the Governor
    and/or Mayor or Regent.

    Basic responsibilities of a Port Authority are to administer,
    develop, control and supervise activities in a commercial
    port. Its specific responsibilities are to administer and
    monitor use of port land and waters, manage shipping
    traffic through the use of pilot vessels, set operational
    standards for delivery of port services, construct
    breakwaters, channels and road networks, construct and
    maintain sea navigation infrastructure, ensure port
    orderliness and security, ensure and maintain port
    environmental sustainability, develop port master plan,
    define area of port operation (Indonesian: DLKr) and

    area of port interests (Indonesian: DLKp), propose tariffs
    to the Minister for use of Government provided facilities
    (water, land, infrastructure, etc.), and provide standard
    port services.
    Basic responsibilities of a Port Operating Unit are to
    administer, develop, control and supervise activities in a
    non-commercial port, a port fully run by the national or
    local governments.
    Port Authorities and Port Operating Units will be the
    government’s representatives to manage concessions and
    other licenses to Port Business Entities, permitting them
    to run business activities in the port. Both institutions
    shall be established at the latest one year after the law is
    effective.

    Port business services consist of provisioning and delivery
    of port facilities and port services as well as port-related
    services. These services serve ships, passengers, and cargo
    as well, and either support port operations or give added
    value to the port.
    Port facilities are commercially operated by Port Business
    Entities based on licenses and or concessions they have.
    (Note: some concessions are reflected in their agreements
    with Port Authorities. This is also the case with Port
    Operating Units). A Port Business Entity is a business
    entity active in specific port business lines such as terminal
    operation. Implementation of regulations on Port Business
    Entities will be addressed by government regulations that
    are predicted to be issued a year after the law is effectuated.
    Thus, besides the Negative List, to identify other
    opportunities for foreign investors regarding introduction
    of Port Business Entity, we have to wait for the aforesaid
    government regulations are promulgated.

    Furthermore, with regard to sectors that are open to
    foreign investments, the current Negative Investment List
    (Presidential Regulation No. 77/2007 in conjunction with
    Presidential Regulation No. 111/2007) limits foreign
    ownership in a joint venture company to 49% of shares
    at maximum. This means that foreign investors are welcome
    to invest in the management of Indonesian ports, yet, it
    cannot be more than 49%.
    It should be noted that although Domestic Sea
    Transportation is open to foreign investment, it is required
    that the operator must have 1 (one) 5,000-GT Indonesian
    flag-carrying vessel manned by Indonesian crews. Foreign
    vessels are prohibited to operate in Indonesian waters
    (cabotage principle), and there is a criminal sanction for
    violating this, namely 5-year imprisonment and IDR
    600–million penalty at maximum.
    The cabotage principle is a crucial point in the law, allowing
    only locally registered vessels to transport domestic passengers
    and cargo among Indonesian ports. The cabotage principle will be effective
    three years after the law is enacted.

    ---Click jo disini UU No 17 Thn 2008 kalo mo download
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    Saturday, November 01, 2008

    THE INTERNATIONAL SAFETY MANAGEMENT CODE

    (A LITTLE BIT OF HISTORY TO THE BIRTH OF ISM)


    In 1912, on her maiden voyage, westbound across the Atlantic Ocean, the Royal Mail Ship Titanic collided with an iceberg, and in a matter of hours sank with the loss of hundreds of lives. Hopefully you saw the movie, and understood what can happen when a series of errors occurs and may result in tragedy.

    For those who did not see the movie or never got past the fictitious love story, the following a brief description of the events leading up the disaster.

    The RMS Titanic was constructed with the most up-to-date technology and materials available at the time. So confident of the vessel’s design, the owner’s declared her to be “unsinkable”.

    This sort of boast was not without merit. The vessel had a radical new design, which incorporated transverse bulkheads along the length of the vessel. These could be made watertight by sealing each compartment by use of watertight doors fitted to every access through the bulkhead.

    Unfortunately, the bulkheads did not go all the way up to the uppermost continuous deck (usually well above the normal waterline), so as one compartment flooded, the water was able to pour over the bulkhead and start to fill the adjacent compartment. This continued until the vessel lost enough buoyancy to sink.

    The ship designers wanted to make the ship look pleasing to the eye of prospective passengers. Therefore, they determined to provide only sufficient lifeboats in davits to accommodate first class passengers. Some additional lifeboats were secured above deckhouses, which they determined could be used on existing davits, once the original boats had been launched. There were still not enough boats to accommodate the entire ship’s compliment.

    Vessel's sailing across the North Atlantic generally took the shortest route to make the quickest passage. In a time when air travel was not yet possible, passenger ships were built for speed, and this element was marketed to prospective passengers. During the spring and early summer, on the route taken by the Titanic, it was not uncommon to encounter icebergs and pack ice. When ships of the time were made aware of ice on their route (generally by ships traveling in the opposite direction), it was customary to stop the ship during the hours of darkness, to avoid hitting any ice floes etc. Radar was not invented yet, so eyesight was the seaman's only tool to detect icebergs.

    As was seen in the movie, the ship owner wanted to make a big impression on the maiden voyage passengers, by making a very fast passage to New York. The Captain was pressured not only to continue passage during the night, but also to increase speed as much as possible.

    With 20/20 hindsight, we can all see that the Titanic's Captain issued the orders to proceed at speed at night, and as a result collided with an iceberg. Aware that the full responsibility for these orders was his, he is assumed to have followed the honorable tradition of "going down with his ship".

    The iceberg was spotted moments before the collision. Had the ship hit the iceberg right on the bow, the ship may have survived, having damaged only one or two compartments nearest the bow. However, the officer on watch, having been informed of an iceberg ahead, attempted to avoid it by putting the rudders hard over. All this accomplished was that the ship slid down the side of the iceberg, sustaining damage to the hull in several compartments.

    Once these compartments had fully flooded, the ship was low enough in the water that the flooded compartments overflowed into the next intact compartment and the fate of the ship was sealed.

    In 1914, the leading maritime nations met and developed a set of international regulations called SOLAS Regulations (Safety Of Life At Sea). Lessons learned from the Titanic tragedy were incorporated into the regulations, such as:



    • Enough lifeboats for everyone onboard, and able to be easily launched;

    • Watertight transverse bulkheads reaching all the way up to the uppermost continuous deck;

    • Cross flooding capability for passenger ships, to enable them to remain upright and trimmed so that all lifeboats can be launched safely.


    Over the years, the SOLAS regulations have been upgraded as a result of improving technology, but also in response to other tragic incidents up to the sinking of the Herald of Free Enterprise.

    The formulation of international regulations for safety and pollution prevention were taken over by the United Nations. All nations with maritime interests join together to form the International Maritime Organization (IMO). Their headquarters are in London (UK), and they have various sub-committees in different parts of the world that specialize in some aspect of marine safety or pollution prevention.

    Over the years since W.W.II, there has been a rise in offshore oil exploration and production. Starting in the shallow waters around the Gulf of Mexico, these operations have moved further offshore to waters over 7,000 feet deep, and the expectation of operating in over 10,000 feet in the near future.

    This offshore exploration/production industry has not been immune from catastrophic tragedy. An oil production platform named Piper Alpha caught fire and resulted in the deaths of many offshore oil workers, most of which were not traditional seafarers.

    Prior to the Herald of Free Enterprise disaster, the prevailing wisdom in the formulation of safety regulations was to focus on the technical and hardware aspects of potential causes for disasters.

    Research had been conducted on accidents and incidents in many industries and their results concluded that:

    • 20% of recorded accident/incidents were hardware related (i.e. technical failures)
    • 80% of recorded accidents/incidents were software related (i.e. human factors)

    However, safety and related regulations were:

    • 80% hardware related
    • 20% software related

    Obviously, the existing regime of inspection and enforcement of regulations related to mostly hardware. The level of compliance to safety and environmental protection was not up to the anticipations of the drafters of these regulations.

    Additional regulations such as mandatory Safety Case development for offshore exploration and production facilities in the North Sea were produced in the aftermath of the Piper Alpha disaster. This 'one size fits all' approach was not embraced enthusiastically by companies forced to comply. Additional costs were being expended for little positive gain.

    This type of regulations created by individual countries, increase financial expenditures of 'for profit' companies and have a direct effect on their 'bottom line'. In the wake of the Exxon Valdez incident, the U.S. government produced the Oil Pollution Act of 1990 (OPA-90), which has increased the costs of tanker operators, operating in US waters.

    This legislation had the effect of forcing most 'oil majors' to divest themselves of their own tanker fleets in order to protect themselves from possible unlimited liability in a pollution incident. Other tanker operators have decided not to trade to US waters to avoid the additional expenses and liabilities.

    In the aftermath of the Herald of Free Enterprise disaster, it was clearly not in the interests of the international shipping community to be subjected to the same type of regulatory requirements imposed on the offshore and oil tanker industry; especially in an economic climate that could not support higher freight rates to pay for additional safety equipment and assessments.


    Maritime governments and leading maritime experts, under the auspices of IMO concluded that in order to avoid further unilaterally imposed legislation being forced upon the marine industry every time a tragic incident occurred in some country's territorial waters, the marine industry should develop an international standard of maritime safe working practice and management to regulate themselves.

    In 1989 IMO came out with Resolution A647, which adopted the ISM Code. The principles of the code are for the safe operation and management of ships and pollution prevention.

    The maritime industry is very diverse. In order for companies to operate passenger ships, bulk carriers, tankers, MODU's and high speed ferries under the same set of guidelines as a traditional freighter requires that the actual wording of the code be general and flexible to allow it to be incorporated into the existing management and safety culture of each ship and corporate structure.

    As there was already an internationally recognized standard for quality management for the manufacturing and services industries (ISO-900 Series), it made sense to use the appropriate elements of the existing standard to formulate the ISM Code.

    The ISM Code consists of a preamble and 13 separate elements:


    • Preamble
    • General
    • Safety and Environmental Protection Policy
    • Company Responsibilities and Authority
    • Designated Person
    • Master's Responsibility and Authority
    • Resources and Personnel
    • Development of Plans for Shipboard Operation
    • Emergency Preparedness
    • Reports and Analysis of Non-conformities, Accidents and Hazardous Occurrences
    • Maintenance of Ship and Equipment
    • Documentation
    • Company Verification, Review and Evaluation
    • Certification, Verification and Control

    The ISM Code is a set of guidelines on how to develop, implement and monitor a Safety Management System to ensure safe operation of ships and pollution prevention. From these guidelines, a prudent and safety conscious ship manager will incorporate all the elements into his/her existing management system.
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