Senator shifts liability for cost of ISPS-related port closures

Senator shifts liability for cost of ISPS-related port closures    Senator Lines, the German container shipping subsidiary of Hanjin Shipping, has notified shippers that the carrier will be entitled to discharge their cargoes at alternative ports in case of problems related to the International Ship and Port Facility Security code.
   A new clause written by Senator Lines, called “International Ships and Ports Security (ISPS) Clause,” applied from Sunday and was “to be inserted into all booking confirmations,” the carrier said.
   The clause says that neither ship nor carrier shall be responsible for any consequences resulting from measures imposed under the ISPS code, unless caused by the carrier’s or ship owner’s failure to comply with the code. “Measures under the ISPS code may lead to the inaccessibility of specific discharge ports, in which case the carrier is entitled to discharge the respective cargoes at another convenient port,” the clause adds.
   The U.S. Coast Guard said July 1 it denied entry to six non-U.S.-flag vessels on that day, out of 270 that arrived at U.S. ports, due to the enforcement of the ISPS code and the U.S. Maritime Transportation Security Act.
   Senator Lines said, “all additional regular costs and charges resulting from the entering into force of the ISPS code on July 1, 2004 have to be born by the party responsible for the payment of freight.”