Shipping Deputy Ministry of Cyprus issued a safety alert focusing on the security of crew and vessels under Cyprus Flag calling or approaching ports and countries where civil conflict takes place.
Specifically, Cyprus urges managers and operators of Cyprus flagged vessels to avoid any callings and transactions at foreign ports and or countries where political instability and or armed and or civil conflicts take place (or are evidently imminent).
In light of the situation, increased vigilance and close communication should be maintained at all times with Port and Flag State authorities and local shipping agents, in accordance with the requirements of the ISPS Code.
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Moreover, although Unilateral Sanctions imposed by third countries, i.e. sanctions that have not been imposed by either the United Nations Security Council or the European Union, do not generate any direct enforcement obligations for the Government of the Republic of Cyprus, the Shipping Deputy Ministry, wishes to bring to your attention the following:
- contravention of Unilateral Sanctions imposed by third countries may result in serious implications for an owner, manager and operator of a vessel, including criminal proceedings brought about by the third country concerned.
- contravention of Unilateral Sanctions imposed by third countries may potentially impede or interfere with financing arrangements and insurance policies with irreversible and grave consequences for the vessel concerned.
Notwithstanding that the EU does not recognise the extra-territorial application of laws adopted by third countries and in this regard, has adopted Council Regulation (EC) No 2271/96 (the “Blocking Statute”) as a means to protect EU operators from the extra-territorial application of third country laws, owners, managers and operators of Cyprus flagged vessels should:
- take note of this Circular and in particular, carefully assess the potential risks relating to the contravention of Unilateral Sanctions imposed by third countries;
- seek legal advice and guidance from the Protection and Indemnity Clubs with which their vessels are entered before considering to engage in practices that may be subject to a third country’s Unilateral Sanctions.
