UK P&I Club stated that, in October 2016, the U.S. Treasury, Office of Foreign Assets Control (“OFAC”) announced amendments to the Cuban Asset Control Regulations (CACR), which restrict the scope of the application of the “180 day rule,” by permitting ships to carry a wider range of cargos to be imported to Cuba from third countries, without their being subject to the ‘180 day rule’.
UK P&I says that, previously, under CACR, foreign (i.e. non-U.S.) ships that called at Cuban ports to load/discharge cargo, take on provisions, and/or purchased other services, were not allowed to enter a U.S. port to load and/or discharge cargo for 180 days after departing from Cuba.
Luke Lane, Senior Claims Executive at UK P&I Club, explains: “This amendment allows for a greater number of goods to be imported to Cuba without the ship then being subject to the ‘180 day rule.’ Under the amendments, the rule will not apply to a foreign ship importing to Cuba, from a third country, any goods or commodities which would be designated as EAR99¹ under the EAR² or, which would be controlled on the Commerce Control List (CCL) solely for anti-terrorism reasons. The restrictions on the purchase of provisions and/or other services remain in place”.
He notes that the process, for assessing whether or not specific goods or commodities are classified as EAR99, is complex. When calling at Cuban ports to discharge cargo, Members are advised to carefully examine whether or not cargos on their ships are classified EAR99 well in advance of any potential voyage. Where there is any doubt, Members are advised to contact suitable U.S. lawyers for further advice and guidance.
The UK P&I Club underlines that they can assist by recommending, and liaising with, U.S. lawyers on Members’ behalf.
Source: UK P&I Club
