BIMCO has begun work on a new standard clause to address recently announced port fees imposed by China on ships linked to the US.
The world’s largest shipping association said the clause will provide legal and commercial clarity following Beijing’s decision to levy “Special Port Fees” on vessels that are US-built, US-flagged, or owned or operated by US entities. The new fees took effect on October 14.
The move comes amid escalating trade and geopolitical tensions between the two countries, which have already led to a series of tit-for-tat measures impacting shipping and logistics.
“Our industry is navigating escalating geopolitical uncertainty and trade restrictions,” said BIMCO secretary general and CEO David Loosley, adding: “To help reduce contractual uncertainty, we are developing a new clause addressing the Chinese fees, just as we did earlier this year for the United States Trade Representative’s fees on Chinese-related ships.”
In July, BIMCO’s Documentary Committee adopted a clause aimed at managing the implications of the USTR’s decision to impose additional charges on China-related ships calling at US ports.
Following Beijing’s new policy, a BIMCO subcommittee of legal and commercial experts has been formed to fast-track the drafting process.
“Following the development of our USTR Clause for time charter parties, we are now receiving enquiries for a clause addressing the new Chinese port fees,” said BIMCO deputy secretary general and director of contracts, Stinne Taiger Ivø. “To respond quickly, our expedited procedure will be applied, allowing the Documentary Committee to act with urgency.”
The new clause is expected to help owners, operators, and charterers manage potential disputes and clarify cost responsibilities under charter party agreements impacted by the new Chinese port charges.
