Member circulars
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12/2018: BREXIT planning/contract continuity
MEMBER CIRCULAR 12/201824 OCT 2018
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This Circular is to advise the steps being taken by Gard to continue business and provide services to UK based assureds following the UK’s withdrawal from the European Union on 29 March 2019 (BREXIT).
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11/2018: Continuing warranty of seaworthiness
MEMBER CIRCULAR 11/201808 OCT 2018
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Gard is aware that, from time to time, Members have been offered contractual terms with counterparties that require the shipowner to provide a continuing warranty of seaworthiness for the entire duration of the voyage. Should this situation arise, the Club would urge Members to exercise caution before entering into contract terms since such a warranty could prejudice their P&I cover.
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10/2018: New charterparty clause promoting the use of the Inter-Club New York Produce Exchange Agreement 1996, as amended September 2011
MEMBER CIRCULAR 10/201808 OCT 2018
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In light of the recent London arbitration which found that the charterparty clause promoting the use of the Inter-Club New York Produce Exchange Agreement (ICA) only incorporated the liability provisions of the ICA and not the requirement to provide security as contained in clause 9 of the 2011 Agreement, the International Group has amended the recommended charterparty clause wording issued in 2016 in order to take account of this recent finding and to encompass the 2011 Agreement requirement for security to be provided.
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9/2018: European Union Regulation 2271/96 (Blocking Regulation)
MEMBER CIRCULAR 9/201809 AUG 2018
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In an attempt to maintain the principles established under the JCPOA framework, to facilitate the continuation of trade activities between European businesses and Iran, and to counteract the extraterritorial effect of U.S. secondary sanctions, the European Union has replaced the annex to Council Regulation (EC) No 2271/96, otherwise known as the Blocking Regulation.
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8/2018: Notice of Annual General Meeting of Assuranceforeningen Gard -gjensidig-
MEMBER CIRCULAR 08/201821 JUN 2018
The Annual General Meeting of Assuranceforeningen Gard -gjensidig- will be held on Friday, 7 September 2018 at Gard's offices in Arendal, Norway.
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7/2018: Implementation of GDPR principles in claims handling
MEMBER CIRCULAR 07/201830 MAY 2018
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The General Data Protection Regulation provides for significant penalties in the event of a data breach. The purpose of this Circular is, therefore, to provide Members, correspondents and others with further guidance on how to try and reduce the risk of a breach and advise you of some changes we will be making in how we handle personal data. People claims such as those involving crew or passenger illness and injury, in particular, present the greatest challenge to the Club in ensuring adequate protection of personal data.
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6/2018: Iran – re-imposition of US sanctions
MEMBER CIRCULAR 6/201828 MAY 2018
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The decision by President Trump to cease the US participation in the JCPOA and to begin re-imposing US nuclear-related sanctions is likely to have significant ramifications for maritime trade with Iran and the insurance of such trade.
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5/2018: Honduras oil spill response arrangements – additional information
MEMBER CIRCULAR 5/201825 MAY 2018
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4/2018: Update: Honduras Oil spill Response Requirements in force 26th May 2018
MEMBER CIRCULAR 4/201824 MAY 2018
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We have now been advised by the Honduran Maritime Authority that the requirements discussed in our Circular 6/2017 will come into force on the 26th May 2018.
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3/2018: Review of policy years – Release Calls
MEMBER CIRCULAR 03/201809 MAY 2018
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The Boards of Directors of Gard P. & I. (Bermuda) Ltd.and its subsidiaries have noted that the Association’s financial position continues to strengthen, and are pleased to report that no Deferred Call for the 2017 policy year will be levied against the Members.
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2/2018: Iran trading – fixed premium P&I cover update
MEMBER CIRCULAR 02/201814 MAR 2018
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This Circular is intended to update Members on the current solution to the reinsurance recovery shortfall risk under Gard’s Fixed Premium P&I Excess Loss reinsurance programme applicable for the policy year running to 20 February 2019.
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1/2018: Implementation of the EU General Data Protection Regulation 2016/679 – General Guidance to Members
MEMBER CIRCULAR 01/201821 FEB 2018
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The General Data Protection Regulation (GDPR) will come into force on 25 May 2018 when it will have direct effect in the EU/EEA.This general guidance intends only to provide a brief introduction to the GDPR, as relevant to Gard P&I and its Members. The impact of the Regulation will most often be felt in claims relating to personal injury and illness or other cases involving data originating from natural persons.
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12/2017: Lloyd’s Open Form (LOF) and Side Agreements
MEMBER CIRCULAR 12/201709 FEB 2018
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A standard LOF will be used in most situations where an entered ship is in peril and hence in need of salvage services. However, we are aware that Members (and their Hull insurers) in certain circumstances may choose to vary the standard LOF and/or SCOPIC terms by entering into so-called “side agreements” or “side letters” with a salvor.
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11/2017: Reinsurance arrangements for the 2018 policy year arranged through the International Group of P&I Clubs – special P&I war risks cover
MEMBER CIRCULAR 11/201707 FEB 2018
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This Circular sets out the reinsurance arrangements through the International Group of P&I Clubs for the 2018 policy year for P&I entries with Gard and covers, inter alia, the structure of the cover arranged through the International Group Pool and the special P&I war risks cover, including bio-chem risks.
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10/2017: Maritime Labour Convention 2006 As Amended (MLC) – Liability for Uninsured MLC Liabilities
MEMBER CIRCULAR 10/201701 FEB 2018
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This Circular reminds Members of the need to obtain the authority of all joint assureds on the policy to sign the MLC Undertaking on their behalf and to bind them to their obligations under the MLC Extension Clause 2016, and to remind all Co-Assureds, Members and Joint Members that they are jointly and severally liable to reimburse the Club for any MLC liabilities falling outside standard P&I cover.
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9/2017: Revised version 3.0 of the IG/CINS Guidelines for the Carriage of Calcium Hypochlorite in Containers
MEMBER CIRCULAR 09/201716 JAN 2018
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The International Group of P&I Clubs and the shipping line members of the Cargo Incident Notification System (CINS) have issued a revised version of the Guidelines for the Carriage of Calcium Hypochlorite in Containers.
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8/2017: Amendments to Rules 2018
MEMBER CIRCULAR 08/201703 JAN 2018
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This Circular outlines the amendments to the Rules for Ships and the Rules for Mobile Offshore Units which will enter into force at noon GMT on 20 February 2018.
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7/2017: United States Coast Guard (USCG) – Vessel Response Plans (VRPs), Hawaii - Dispersant Tier 1 and Average Most Probable Discharge (AMPD) Coverage effective 1 January 2018, Oil Spill Response Organisations (OSROs) – MSRC, NRC and Clean Islands Counci
MEMBER CIRCULAR 07/201722 DEC 2017
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Members are referred to the recent Client Advisory Notices issued by MSRC and NRC informing shipowners that, with effect from 1 January 2018, all required OSRO coverage in Hawaii will now be provided directly by MSRC or NRC. MSRC will also have the necessary OSRO Classifications from the USCG to meet the planning timeframes in the High Volume Port Area of St Croix in the US Virgin Islands and will provide coverage for vessels operating in the Great Lakes/Mississippi River System. MSRC is also once again able to provide shipowners calling Port Hueneme, California with the capability to meet the California State regulatory coverages. -
6/2017: Honduras – oil spill response – new requirements
MEMBER CIRCULAR 06/201720 DEC 2017
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New oil spill response requirements in Honduras. These will come into force on 1 January 2018 and will apply to both tank and non-tank vessels.
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5/2017: Review of policy years; Premium rating for the 2018 policy year; Half-year status report as at 20 August 2017
MEMBER CIRCULAR 05/1726 OCT 2017
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We are pleased to report that the financial position of Gard P. & I. (Bermuda) Ltd. and its subsidiaries remains strong on a consolidated basis, as of the 20 August 2017.