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Managing Global Trade Controls & Sanctions in Shipping

September 2020

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overview

Complying with sanctions regulations in maritime & shipping involves a multifaceted approach to risk assessment. Many types of commodities present different levels of risk; and the complex supply chain – often involving regulators, agencies, JV partners, brokers, financial institutions, insurers and other players – multiplies the challenge in maintaining sanctions-compliant programme.

Updated with recent case studies and practical exercises, this 2-day seminar allows you to stay on top of critical red-flags and high-risk sectors in shipping, latest economic sanctions, particular considerations in documentation management, record-keeping, contracts of affreightment, and best practice in due diligence.

Key Learning Outcomes

  • Updates on global, regional, multi-lateral and unilateral sanctions
  • Case studies of sanctions breaches: insurers, banks, bunker supply, shipping, shippers
  • Sanctions clauses for charter parties, bills of lading and cargo insurance policy
  • Sanctions statistics and key preventive measures
  • Vessel/Cargo Sanctions Screening & Due Diligence Process
  • Mitigating sanctions risks and developing sanctions-compliance programme

Who Should Attend

  • Shipowners, operators & managers
  • Charterers, Vessel/cargo brokers
  • Insurers
  • Banks & Financial institutions
  • Inspection agencies for vessels, cargoes and port facilities
  • Bunker craft owners & operators
  • Shippers, importers/exporters & cargo owners
  • Port & terminal operators
  • Flag Administrators
  • 3PL, 4PL providers
  • Freight forwarders & agencies
  • Warehouse operators
  • Oil & Gas suppliers & traders
  • Trade compliance service providers

Digital Badge

Upon completion of this training course, participants will earn a digital badge.

Eligibility:
Attend and participate in the 2 full days of training course duration, led by the designated training expert

Available to:
Seminar attendees

Digital Badge FAQ >

Trainer

 K. Murali Pany
Managing Partner, JTJB LLP

Murali has been in practice for 22 years. Since 2013, he has been the Managing Partner of JTJB. He is accredited by the Singapore Academy of Law as Senior Specialist in Maritime & Shipping Law. He is listed as a recommended lawyer in Legal 500 (2019), a distinguished practitioner in Asialaw Profiles (2020) and one of Singapore’s top 100 lawyers in the Asian Business Law Journal (2019)

Murali’s practice focuses on Shipping and Commercial matters. He has acted for and advised a wide range of clients, including shipowners, international banks and MNCs, on a broad spectrum of cases.

Murali has also presented at conferences both locally and internationally on an array of commercial and maritime topics. These include engagements on international sanctions and regulations, regulatory challenges, the legal issues and risks involved in ship-to-ship transfer operations and the global sulphur cap.

 

Nicola Loh
Partner, JTJB LLP

As the head of JTJB’s Regulatory and Compliance practice, Nicola’s work involves advising clients on both the contentious and non-contentious aspects of regulatory matters. She is an Associate member of the International Compliance Association, a certified individual under the Institute of Banking and Finance Singapore, a member of the Law Society’s Anti-Money Laundering Committee and contributes to intergovernmental bodies such as the Financial Action Task Force.

Nicola has substantial experience in the areas of Shipping & Admiralty and Commercial Dispute Resolution. She has been involved in shipping and commercial litigation and arbitration matters both locally and internationally. She has represented clients in a broad range of shipping disputes including a recent matter where she advised a major lubricant company on a matter involving the arrest of Iranian vessels. She has acted for P&I clubs, listed commodities companies, shipbrokers, shipowners, international banks, and various international entities.

Nicola’s diverse background in multi-jurisdictional dispute resolution has equipped her with the ability to provide clients with a holistic perspective on regulatory and compliance issues.

 

Agenda

Part 1: Current overview of Trade Controls and Sanctions for the Maritime industry

What are sanctions

  • Difference with trade controls and customs

The different types of sanctions

  • Multi-lateral and uni-lateral
  • Economic sanctions
  • Main regulators

Global and secondary sanctions

  • UN, EU, ASEAN, US, etc
  • JCPOA
  • Updates

Part 2: Red Flags, Risk Indicators and Breach

Red-flags, risk indicators and evasion of sanctions

  • Automated identification systems (AIS)
  • Sale, supply, transfer
  • Transshipment Diversion (e.g. concern with repair & maintenance)
  • Oil, gas STS transfers
  • Falsifying documents
  • Substantial transformation
  •  Mixing of cargo/commingling

Breach – Consequences and case studies in Shipping

  • Insurers
  • Banks
  • Bunker supply
  • Shippers

Part 3: Implications and Invasion Avoidance for the shipping industry

Particular considerations

  • Due diligence
  •  Transacting with Chinese Shipowners
  • Arresting an Iranian vessel in Singapore
  • Documents management (BOLs, COO, invoices, proof of insurance, ports of call, etc)

Compliance and Risk Management Clauses in Bills of Lading/Charterparties

  • Voyage charter party sanctions clause
  • BIMCO sanctions clauses for time charter parties
  • BIMCO Designated Entities Clause for Time Charters

Group Exercise: Getting your Bill of Lading T&C right to manage sanctions and trade controls

Sanctions from P&I clubs’ perspective:

  • Sanctions clauses in a marine cargo insurance policy
    • Sanctions limitation and exclusion clause
    • AIS manipulation clauses
  • Statistics and key preventive measures

Part 4: Sanctions Screening & Due Diligence –Best Practices

The importance of screening and the due diligence process

  • Restricted party screening
  • Vessel/Cargo Sanctions Screening & Due Diligence Process
    • Vessel sanctions screening
    • Flag, name, IMO number, parties associated
    • Vessel movement history
    • Ownership of vessels
    • Petroleum supply
    • Payment screening

Managing sanction risks – developing a sanctions compliance programme

  • Risk-based vs rule-based process
  • Regular/routine vs Significant events
  •  Resources, Expertise and Experience
  • Training, record keeping, reporting and reviewing
  • Third party management

Group Exercise: Developing a Trade Controls and Sanctions Compliance Check list

when & where

02 - 03 Mar 2020

On-site & in-house training

Deliver this course how you want, where you want, when you want – and save up to 40%! 8+ employees seeking training on the same topic?

Talk to us about an on-site/in-house & customised solution.

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