The Amended Law on Liability for Oil Pollution Damage in Japan
6 December 2004 No.04-013
Please refer to our Special Circular No.03-022 dated 12 March 2004 titled "Proposed amendments to the "Law on Liability for Oil Pollution Damage, 1975"(Part 1) -In relation to the measures for abandoned ships on Japanese coast-", and our JAPAN P&I NEWS No.509 dated 1 September 2004 titled "Amended Law on Liability for Oil Pollution in Japan". The Ministry of Land, Infrastructure and Transport (MLIT) recently published the Ministerial Ordinance and the Notification as follows.
1.The Notification of the Designated Insurers (dated 26 November 2004)
In the Notification the Japan Ship Owners' Mutual Protection & Indemnity Association was declared as the Designated Insurer(*). In addition the MLIT also announced all member Clubs of International Group as the Designated Insurers, as well as Japanese primary marine insurers. Please refer to the following Web Site for details.
The Notification of the Designated Insurers published by the MLIT No.1463
http://www.mlit.go.jp/english/maritime/Web/Designated%20Insurer.pdf
2.The Ministerial Ordinance
With regard to the ocean-going vessel in excess of 100 gross tonnage (including the vessel covered by the designated insurer) and the oil tanker carrying more than 2,000 tons of oil in bulk as cargo, her captain or her agent in Japan are obliged to report identification of the insurance as well as the vessel to the District Transport Bureau before entering a port. The Ministerial Ordinance provides the procedures of reporting the above identification together with the report form. It also provides the procedure how to apply "the Certificate of Financial Security for Non-tanker Ships" including the application form for a vessel covered by non-designated insurer. Please refer to the following Web Site for details.
Introduction of Compulsory Insurance Requirement for Non-tanker Ships
http://www.mlit.go.jp/english/maritime/insurance_portal3eng.htm
The English version of Ministerial Ordinance is in preparation at the present. We will inform you when it is available.
1.The Notification of the Designated Insurers (dated 26 November 2004)
In the Notification the Japan Ship Owners' Mutual Protection & Indemnity Association was declared as the Designated Insurer(*). In addition the MLIT also announced all member Clubs of International Group as the Designated Insurers, as well as Japanese primary marine insurers. Please refer to the following Web Site for details.
The Notification of the Designated Insurers published by the MLIT No.1463
http://www.mlit.go.jp/english/maritime/Web/Designated%20Insurer.pdf
- (*)If the shipowner has concluded a contract with an insurer(s) that is designated by the MLIT as P&I clubs belonged to the International Group of P&I Clubs and etc., the original or the certified copy of "the Certificate of Entry" issued by the insurer will be accepted as a substitute for the certificate of insurance issued by the Minister. Please refer to the MLIT's Web Site
http://www.mlit.go.jp/english/maritime/insurance_portal3eng.htm
2.The Ministerial Ordinance
With regard to the ocean-going vessel in excess of 100 gross tonnage (including the vessel covered by the designated insurer) and the oil tanker carrying more than 2,000 tons of oil in bulk as cargo, her captain or her agent in Japan are obliged to report identification of the insurance as well as the vessel to the District Transport Bureau before entering a port. The Ministerial Ordinance provides the procedures of reporting the above identification together with the report form. It also provides the procedure how to apply "the Certificate of Financial Security for Non-tanker Ships" including the application form for a vessel covered by non-designated insurer. Please refer to the following Web Site for details.
Introduction of Compulsory Insurance Requirement for Non-tanker Ships
http://www.mlit.go.jp/english/maritime/insurance_portal3eng.htm
The English version of Ministerial Ordinance is in preparation at the present. We will inform you when it is available.