International Trade Maritime Transportation

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Potential West Coast Port Labor Disruptions Loom Large for Importers and Exporters, Including Those of FDA-Regulated Products

On July 1st, the contract between the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA) officially expired, increasing the potential of a work stoppage and cargo disruption at West...more

Exports of Condensate Reflect Evolution, Not Revolution, In Crude Export Regulation

On June 24, 2014, various news sources reported that the Department of Commerce (“DOC”) had allowed two companies to export processed condensate, suggesting a breakthrough in the 40-year ban on crude oil exports. The reality...more

Congressional Questions on LNG Exports Could Impact the Jones Act

Last month, Congress began consideration of comprehensive legislation to reauthorize the Coast Guard and other maritime transportation programs. Consideration of such legislation is an annual occurrence and generally moves...more

FDA Proposes Regulations on Safe Food Transport

In early February, the U.S. Food and Drug Administration (FDA) issued its seventh and final major rule as part of the implementation of the Food Safety Modernization Act. The proposed rule seeks to prevent the contamination...more

Port of Baltimore Receives Investments for Expansion to Compete Globally

Over the past three to four years the Port of Baltimore has made significant investments in upgrading its cargo handling infrastructure to accommodate what officials hope will be a corresponding increase in cargo volume...more

Captain Phillips' Crew Lawsuit Has No Merit [Video]

Noted Admiralty Attorney and Author, Dr. Capt. John A.C. Cartner was interviewed by Maritime TV in response to recent press accounts of a lawsuit claim filed by several former crew members of the Maersk Alabama related to...more

Engineering, Morality and the Next One Hundred Years

Delivered as an Invited Speech to The National [U.S.A.] Academy of Engineering, (Section 12) Annual Meeting 7 October 2013 ...more

Contracting with the Ghanaian government or government entities – some guidance for the international community from the Supreme...

Introduction - In its recent decision in the case of Felix Klomega v The Attorney General and others, the Supreme Court in Ghana has provided much needed guidance to the international community when looking to contract...more

Unrest in Egypt – issues faced by shipowners

Current status in Egypt - The overthrow of President Mohammed Morsi by the Egyptian military has resulted in violent scenes, civil unrest and hundreds of deaths across Egypt. Many in the maritime world are watching...more

Foreign NVOCCs Must Renew Registration with FMC by October 17

The Federal Maritime Commission issued a new rule earlier this year that, effective July 19, registered, foreign-based NVOCCs may take advantage of Negotiated Rate Arrangements (NRAs), in lieu of published rates in their...more

Ten Points to Rationalize and Restart the United States Maritime Industry

Piecemeal and stopgap measures added to existing and increasingly cumbersome and antiquated laws are not working to foster strong US merchant marine foreign trade fleets and domestic fleets which are essential to the...more

2013 AAPA Port Administration and Legal Issues Seminar - Update on the Rotterdam Rules

In This Presentation: Update on the Rotterdam Rules. Excerpt from Update on the Rotterdam Rules - What is it? ..The Rotterdam Rules is a new draft multilateral Convention to update the liability...more

New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law...

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing...more

EU Proposes Further Measures Towards Reducing Greenhouse Gas Emissions from Ships

As a first step towards reducing the marine transport industry’s greenhouse gas emissions, on 28 June 2013 the European Commission (the “Commission”) tabled a draft Regulation to introduce a system of monitoring and...more

Geoffrey Scimone v. Carnival Corporation

Order Affirming Denial of Defendant's Motion for Removal

On July 1, 2013 the U.S. Court of Appeals for the 11th Circuit held that plaintiffs in separate lawsuits could not be joined together for purposes of complying with the Class Action Fairness Act (CAFA).The Court rejected...more

FMC Publishes Proposed OTI Rules, Seeks Public Comment

On May 31, 2013, the Federal Maritime Commission (FMC) published an Advance Notice of Proposed Rule regarding Ocean Transportation Intermediaries (OTI) in the Federal Register (78 Fed. Reg. 32,946 (Federal Maritime Commission...more

FMC Approves Proposed Rewrite of OTI Regulations

Today, the U.S. Federal Maritime Commission (FMC) voted 3-2 to move forward with reforming the Ocean Transportation Intermediaries (OTI) rules, regulating U.S.- and foreign-based non-vessel-operating common carriers (NVOCC)...more

Cuba Practice Update - April 11, 2013

Cuba Details Rules for Special Economic Zone - The Cuban government last week released details of customs reforms for a long-planned free trade industrial manufacturing and maritime shipping facility in the Mariel...more

Federal Maritime Commission to Open Use of Liner Negotiated Rate Agreements to Foreign NVOCCs

The United States Federal Maritime Commission (FMC) has issued a Notice of Proposed Rulemaking under which foreign unlicensed Non-Vessel Operating Common Carriers (NVOCCs) will be allowed to register with the Commission and...more

New FMC Commissioner Could Lead to Continuing Reforms of U.S. International Ocean Transportation System

On Tuesday, the United States Senate confirmed William P. Doyle, of Pennsylvania, to be a Federal Maritime Commissioner for the term expiring June 30, 2013. Commissioner Doyle joins Chairman Richard A. Lidinsky, Jr., Michael...more

Florida Port Strike May Not Happen As Negotiations Continue Into 2013: News Release of the Week

Florida's economy needs its active and efficient ports and while on one hand, there's construction underway to make Port Miami big enough to deal with the increased traffic coming from the Panama Canal expansion, on the other...more

TRANSACTIONAL: Transaction: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to Provide Protection and...

The use of port liability agreements to allocate ship-shore liability in a marine casualty event has been widely adopted by U.S. LNG import terminals. As many of these terminals transition to bi-directional operations, they...more

Coast Guard Issues New Citizenship "Mechanisms of Compliance"

This morning, the Coast Guard issued a Notice in the Federal Register entitled “Mechanisms of Compliance With United States Citizenship Requirements for the Ownership of Vessels Eligible to Engage in Restricted Trades by...more

Dockworkers Union Threatening to Strike October 1

The dockworkers union along the East and Gulf Coasts is threatening to strike on October 1, should there be no agreement with transportation providers by the end of September. Such a work stoppage will adversely affect U.S....more

Port State Control Detention Over Two Hour Temporary Defect Upheld

In a decision handed down last week, the Administrative Appeals Tribunal upheld a PortState Control decision to detain a ship for a defect which was rectified within approximately two hours of the inspection. Whilst the...more

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