New MLC Clauses for BIMCO OSV and Ship Management Contracts

Work on the development of a suite of Maritime Labour Convention 2006 (MLC) Recommended Clauses for use with the BIMCO SUPPLYTIME and SHIPMAN/CREWMAN agreements was finalised at a recent meeting held in London.

The working group meeting, chaired by Captain Ajay Hazari of the Anglo Eastern Group, has prepared five clauses to address responsibility for MLC under these specialised contracts where some or all of the personnel on board may be employed by an entity other than the ship owner/operator. A particular example of this is under BIMCO’s OSV contract, SUPPLYTIME, where the charterers might place personnel such as geologists and divers on board the vessel. Under the MLC, which comes into force this coming August, the shipowner/operator could find himself liable for certain aspects of MLC compliance outside his control because he is not the employer of such personnel. The batch of new clauses clearly define the issue and set out the responsibilities and liabilities under each type of BIMCO contract affected by the new regime.

BIMCO was assisted in this project by the Anglo Eastern Group, the International Marine Contractors Association (IMCA), Nordisk, Maersk Offshore, OSM Crew Management, the West of England P&I Club, the UK Chamber of Shipping and the Norwegian Shipowners Association.

The MLC Clauses will be put forward for adoption by BIMCO’s Documentary Committee on 27 May.

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BIMCO, January 30, 2013; Image: Maersk Offshore