Wednesday, 5th May 2010
05 May 2010: - We have been advised by our correspondents in Argentina, PandI Liquadores, that a regulation stemming from the recent Presidential Decree has now been issued.
It is understood that any vessel transiting through Argentinian waters and trading to the Falklands, South Georgia and the South Sandwich Islands must submit an authorization form to the Argentine Coastguard at least seven days in advance of the date of departure from port or transit.
Please click here for a free translation of the regulation provided by the correspondents along with a copy of the report form.
18 February 2010: - The Association has been advised that the President of Argentina has issued a decree that requires vessels transiting its waters and trading with the Falkland Islands to request prior authorization from the Argentine authorities. It is currently unclear which body will be taking the lead. Members to whom the decree might apply should contact their local agents for advice on reporting.
The decree came into force on 17 February 2010. A free translation of Article 1 is provided below: -
‘All vessels that intend to transit between ports located in the Argentine mainland and harbors in the Falkland Islands, South Georgia and South Sandwich, or transit Argentine Waters bound to the latter, and / or carrying goods to be transported direct or indirect, between these ports, must request prior authorization to the competent national authority.'
Regulations concerning the decree are currently under development by a number of Government Departments. The decree seems to be primarily aimed at oil exploration related activity; however it is currently unclear precisely what the terms of the regulations will be. It is also unclear what the term ‘Argentine Waters' refers to, it may be a reference to territorial waters or may be intended to include the wider region claimed by Argentina that extends far into the South Atlantic Ocean.
Despite the fact that no regulations are yet in place we understand that one vessel has already been banned from carrying out commercial operations and was also unable to take bunkers in Argentine waters.
The Association will continue to monitor developments and will report further when the regulations are published and the situation becomes clearer.
There may be potential for disputes to arise under charter parties or bills of lading. In the first instance Members with concerns can contact Mark Robinson of the FD&D Department for advice.
Please click here for a free translation of the Decree provided by the local correspondents P and I Liquidadores SRL.