Updated - Impact of the designation of COSCO Shipping Tanker (Dalian) Co.
The general position:
- May not directly or indirectly engage in any transactions with COSCO Dalian and any entity which they own or have a 50% or greater interest in.
- May continue to engage in transactions with any other COSCO entity, including COSCO Shipping Corporation Ltd. and COSCO Shipping Holdings, so long as COSCO Dalian do not own or have a greater than 50% interest in them.
- May continue to engage in transactions with COSCO Dalian as long as it does not involve sanctionable activity and there is no U.S. nexus (meaning for example that no payments can be made in U.S. Dollars). For the avoidance of doubt this means that non-U.S. persons can fix vessels to and from COSCO Dalian.
- May continue to engage in transactions with any other COSCO entity, including COSCO Shipping Corporation Ltd. and COSCO Shipping Holdings.
The impact of General Licence K:
- Maintaining the continuity of operations, which includes the following transactions specifically enumerated in the General Licence Application:
o Insurance and reinsurance services (including P&I and hull cover)
o Marine fuels (i.e., bunkers and lighter distillate fuels), chemicals and lubricants
o Crew wages, medical, travel, employee benefits, health and safety, and other crew costs
o Local vessel agency and husbanding (i.e., provision of necessary local goods and services)
o Technical management services
o Flag state registration and certification services
o Vessel safety and compliance inspections (classification society services, surveyors, etc.)
o Legal, regulatory and compliance assistance
o Port and marine terminal-related fees (including tugs, line handling, surveyors, agency, stevedoring, regulatory charges, wharfage, and any other fees necessary and incident to berthing and discharging a tank vessel)
o Vessel maintenance, repair, spare parts and supplies
o Any emergency services or incident response capabilities
o Any other goods or services ordinarily incident and necessary for the safety and maintenance of the vessel or crew
o Any banking or financial services necessary to procure the foregoing goods or services.
- Performing under a contract or agreement in effect prior to September 25, 2019, provided that the activities are consistent with past practices that existed between the counterparty and COSCO Dalian; and
- Entering into new contracts or agreements, provided that the activities to be engaged in under the new contract are consistent with the past business practices existing between the counterparty and COSCO Dalian prior to sanctions.
- The continued performance of those contracts after General License K expires on 20 December 2019 only takes place if the activity is not prohibited (by the extension of General License K or the removal of COSCO Dalian from the SDN List) or has been specifically authorized by OFAC.
- Any new contracts are consistent with past practices between the contracting party and COSCO Dalian, as shown by the history of their transactions.
The U.S. authorities will hopefully issue further guidance that helps clarify the situation in view of the substantial market impacts the designation has had but in the interim any Member with enquiries about this and any other sanctions matter should contact the Managers.
Updated 20 December
OFAC have issued an update to licence K-1 authorising the maintenance or wind down of transactions involving Cosco Shipping Dalian, extending the period to 1201 Eastern time 4 February 2020.
This licence is for Cosco Shipping Dalian only and not for Cosco Shipping Tanker (Dalian) Seaman and Ship Management Co., Ltd
Freehill Hogan and Mahar have issued a client alert [ here ].