News

Amendments to the Japanese Legislation of "Shipowners’ Limitation of Liability for Maritime Claims"

5 July 2005 No.05-003
Members are kindly requested to refer to our Special Circular No.03-021 dated 12 March, 2004, titled "1996 Protocol to the 1976 Convention on Limitation of Liability for Maritime Claims" (the "96LLMC").

1. On 10 June, 2005, the Diet of Japan passed the revised national legislation of "Shipowners' Limitation of Liability for Maritime Claims" (the "Revised Legislation") in order to comply with the 96LLMC. The Diet also approved the bill of ratification of the 96LLMC on 15 June, 2005.

2. Outline of the Revised Legislation
a) Main features of the amendments are as follows:
* to raise the limitation amount (Please refer to our Special Circular No.03-021)
* to remove the limit of liability in respect of passengers
b) The Revised Legislation will go into operation on the same day when the 96LLMC comes into effect in Japan.

3. Enforcement of the 96LLMC
It is expected that the 96LLMC will come into effect in Japan in accordance with the following procedures:
* The Japanese Government will deposit an instrument of denunciation of the 76LLMC with IMO. (The deposit date is yet announced but it is expected to be implemented shortly.)
* The denunciation of the 76LLMC will take effect on the first day of the month following the one year after the date of deposit.
* In order to synchronize with the denunciation of the 76LLMC, the Japanese Government will deposit an instrument of ratification of the 96LLMC with IMO.

We will revert with the effective date of the 96LLMC in Japan as soon as announced.