Amendments to the Japanese Legislation of "Shipowners’ Limitation of Liability for Maritime Claims"-No.2

3 August 2005 No.05-006

Further to our Special Circular No.05-003 dated 5 July, 2005, we would like to inform the Members of the current status of the matter as follows:

1.   Denunciation of the 76LLMC:
On 29 July, 2005, the Japanese Government deposited an instrument of denunciation of the 76LLMC with IMO.
The denunciation is scheduled to take effect on 1 August, 2006.

2.   Enforcement of the 96LLMC and the revised national legislation of "Shipowners' Limitation of Liability for Maritime Claims"(the "Revised Legislation"):
The Japan Government have announced that so as to synchronize with the denunciation of the 76LLMC, an instrument of ratification of the 96LLMC will be deposited with IMO in due course. (The 96LLMC will come into force in Japan 90 days after the date of deposit)
The Revised Legislation will thus come into effect on 1 August, 2006 when the 96LLMC will become effective in Japan.

3.   Compulsory Insurance in Japan:
Please refer to our Special Circular No.03-022 dated 12 March, 2004 with the entitlement of "Proposed amendments to the Law on Liability for Oil Pollution Damage, 1975 (Part 1)". At the time of the enforcement of the Revised Legislation, it is expected that minimum mandatory insured amount (bunker pollution damage plus wreck removal) for non- tanker vessels over 100GT to be engaged in the overseas trade will be increased as well. Members are reminded that the P&I insurance for ocean going vessels provided by the Association has been and will be sailing through such minimum amount.