NEWSLETTER No. 2 /15

Nigeria – Blacklisting of Crude Oil Tankers

29th July 2015

On 15th July 2015 the Nigerian National Petroleum Corporation (NNPC) issued a list of 113 tankers banned, with immediate effect, from “…engaging in crude oil / gas loading activities in any terminal within Nigerian territorial waters …” The directive also affects the movement of the banned vessels within Nigerian territorial waters. For ease of reference we attach a copy of the issued directive which NNPC sent to the terminal operators setting out the Nigerian ports involved and the list of currently affected crude oil vessels. Whilst the reasons for the prohibitions are not explained in the directive, speculation suggests that earlier this year the Nigerian Authorities introduced a requirement that all tankers loading crude from Nigerian terminals were to complete an out-turn verification exercise (OVE) at the discharge port. It is thought that the recent directive is linked to this initiative, even if it is not clear which rules or regulations may have been allegedly breached by the affected Owners. The international shipping association, Intertanko, is reported to have made contact with NNPC to voice objections to the ban. It is believed that the list may not be final and more vessels could be added. Indeed the list appears to comprise principally of voyages performed in the months of June and July to Far East destinations. It is therefore possible that further revisions/additions of vessels to this list will be made as the Authorities continue their investigations. Furthermore it is noted that a degree of confusion surrounds the list issued since vessel names, IMO numbers and mentioned ownership appear in some instances to be inaccurate. Industry commentary also suggests that some listed vessels may not have actually called in Nigerian ports recently or at all. It is however clear that affected Owners run the risk of seeing their tankers detained by the Nigerian Authorities if they continue trade in Nigerian waters whilst still appearing on the blacklist.

There are a number of commercial and legal issues that should be considered when contemplating trading to Nigeria to load cargo. We are grateful to Tatham Macinnes LLP who have allowed us to circulate their recent article which examines in further detail some important aspects to be considered following this new directive. The issues considered include;

- Owners remedies and hire under time charterparties; - Delay claims; - Legitimacy of voyage instructions; - Owner’s trading warranty; - Responsibility as between Owners and Charterers for providing official outturn figures.

Given the common exclusions that exist in insurance policies relating to operating in breach of lawful trading, cover for losses arising from a vessel being detained pursuant to the NNPC’s directive is likely to be subject of debate on a case by case basis. We would suggest that due care and attention is taken in view of the foregoing and we would recommend that Owners and Charterers review charterparty arrangements for trading to Nigeria. Please contact us if assistance in seeking guidance from your P&I Club is required in this regard.

This Newsletter, and our information archive, can also be accessed at www.plferrari.com P. L. Ferrari & CO. S.r.l.

This newsletter is intended solely as an overview of the Marine market and does not constitute any form of advice. It is based on sources believed to be accurate at the time of

printing and we cannot be held liable for the omission or inaccuracy of any information within the newsletter.

GENOA MONACO PIRAEUS NAPLES ISTANBUL FERRARA LONDON NEW YORK (an exclusive cooperation with Crystal and Company)