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Business and Law Flashcards

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1
Q

What is the IMO?

A

The International Maritime Organisation. It is the Martime branch of the UN and is responsible for creating the majority of international Maritime law.

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2
Q

What is a flag state?

A

A state in which a vessel is registered on which therefore has the right to fly that states flag.

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3
Q

What is a port state?

A

State into which vessels registered in another state enter and, by doing so, come under the law of the former state.

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4
Q

What is the ILO?

A

The International Labour Organisation. It creates international law with respect to labour standards, particularly the Maritime labour convention in the Maritime context.

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5
Q

What are bylaws?

A

In the UK and some other analog phone states, bylaws are local laws created by local councils or statutory Harbour authorities which apply only within their jurisdiction.

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6
Q

What is the UKCA mark?

A

The UK conformity assessed (UKCA) mark is the U.K.’s post Brexit replacement for the EU will mark, which signified compliance with the EU Maritime equipment directive (MED).

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7
Q

From a regulatory perspective, what kind of organisation is the EU?

A

The EU is a super national organisation. It is a political and economical union of 27 independent nations states but it produces its own laws which apply to those states.

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8
Q

What is the IMO mission?

A

To develop international conventions to promote safe, secure, environmentally sound, efficient and sustainable shipping through cooperation.

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9
Q

What are the three main IMO conventions which are often referred to as pillars?

A

SOLAS, MARPOL, STCW

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10
Q

What was the IMO’s initial focus after the IMO convention took effect in 1958?

A

Safety and its first task was the adoption of a new version of the safety of lives at sea (SOLAS) convention in 1960.

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11
Q

Where is the IMO headquarters?

A

London UK

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12
Q

In the context of the IMO, what is a member state?

A

A member state is any member of the UN which has accepted the IMO convention. There are currently 175 member states and three associate members.

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13
Q

What is the structure of the IMO?

A

The IMO has an assembly and a council, who are supported by committees, sub committees and work groups.

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14
Q

Which are the two main committees in the IMO?

A

MSC and MEPC, which deal with safety and environmental matters, respectively.

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15
Q

What is the purpose of a facilitation committee?

A

The facilitation committee focuses on simplifying and harmonising administrative and procedural requirements for international Maritime trade.

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16
Q

How often does the IMO assembly sit?

A

Once every two years.

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17
Q

How many IMO member states are there?

A

IMO currently has 175 member states and three associate members.

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18
Q

What is a convention?

A

A convention is an international framework of rules that a group of countries agree to be bound by and to enforce, both on their vessels and on other vessels within their waters.

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19
Q

What is ratification in an international context?

A

The formal act by which a state confirms its consent to be bound by a treaty or convention. It normally involved signing a convention or depositing an instrument of succession within the IMO.

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20
Q

Can a convention be adopted without being ratified?

A

Yes, adoption by the IMO is not the same thing as a convention being ratified by enough member states for it to come into force.

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21
Q

What is ratification in a national context?

A

The formal process by which a countries legislative body approves and adopts an international treaty or agreement, making it Biden and enforceable within the countries legal system.

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22
Q

When does a convention which has been adopted by the IMO come into force?

A

Each convention will state the conditions which need to be met for a convention to come divorce. Normally conventions coming into force one year after ratification by a sufficient number of states, which together represent a sufficient percentage of world tonnage.

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23
Q

Where do proposals for new IMO conventions come from?

A

Proposals can come from a member state, a group of member states or that IMO itself.

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24
Q

What is tacit acceptance?

A

A procedure where amendments come into force unless objected to buy one third of the member states.

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25
How are very significant amendments made to the IMO conventions?
Larger amendments are passed through protocols. A protocol is effectively a new treaty which is added to the existing convention.
26
Why is tacit acceptance adopted as a method of amending IMO instruments?
It was adopted because waiting for explicit sentence for minor amendments was proving impossible, resulting in amendments never being adopted.
27
What are amendments in the context of the IMO?
Changes that are made to IMO conventions in order to keep them relevant in the face of a technological change which improve safety and reduce the impact on the environment.
28
What is an IMO resolution?
A resolution is used to enforce important, formal decisions which are made by the various committees. most resolutions are related to the adoption of amendments or formal guidelines published by the relevant committee.
29
What is an IMO circular?
They serve as means of spreading information, sharing best practices and facilitating the implementation of I am more conventions and guidelines.
30
What is primary legislation?
An act of parliament. An act will have started as a bill which has been then approved by both houses of Parliament and received Royal ascent.
31
Which body enforces the requirements of an IMMO convention once it has been ratified in the UK?
Maritime Coast Guard Agency (MCA)
32
What is secondary legislation and how is it made?
Secondary legislation such as statutory instruments and regulations, are made by the secretary of state using the powers given to them under the merchant shipping act. They drop the proposed law and then late before Parliament.
33
What happens if a nation state has not ratified a convention which has come into force internationally?
The convention will not be law in that country but if the vessel is flying the nations flag wish to trade internationally and visit countries that have ratified it and will enforce it they will be forced to comply
34
How does the Secretary of State amend, or introduce new parts to the merchant shipping act?
Merchant shipping act gives a Secretary of State a power to amend it or to introduce new regulations with its support. To do this, the Secretary of State will lay a statutory instrument before parliament.
35
What is a statutory instrument?
Secondary legislation, which is used to amend or add to a parent act of parliament (primary legislation).
36
How are statutory instruments which relate to the Maritime industry normally titled?
Merchant shipping and/or fishing vessels (the subject of the SI) regulations year (SI year/number).
37
What is the baseline?
The lane that separates international and territorial waters. Measured from the low water line along the coast, the baseline can be drawn between features where the coastline is broken by Astros, islands, etc.
38
What is the EEZ?
The exclusive economic zone extends up to 200 NM from the baseline and offers the coastal state rights over the exploration and exploitation of natural resources in the water column and or under the seabed.
39
What is the territorial sea?
An area up to 12 NM from the base lane, in which the coastal state has full sovereignty and control over its waters, airspace, seabed and subsoil.
40
What does UNCLOS stand for?
United Nations conservation on the law of the sea.
41
What is ‘innocent passage’ and where does it apply?
It is the right of a foreign vessel to navigate peacefully through another countries territorial sea without opposing a threat or engaging in unlawful activities.
42
What is the maximum distance to the contiguous zone may extend?
24NM.
43
Does UNCLOS require a ship to be registered?
No. It gives the nations right to maintain a vessel registered and for vessels to fly its flag.
44
What is the ‘Administration’?
The IMO word for flag state.
45
Why are vessels flagged?
Vessels are flagged so that they have someone to issue them with their certificates they need to trade internationally.
46
What is a national register?
A ship register, which requires a direct link between the ship owner and the state in order for vessel to be registered there.
47
What is an open register?
A flag state which permits for vessels to be registered in that country, without requiring the shipowner to have any links to the country.
48
What is a second register?
Some traditional flag states have opened an additional ship register which is more open to international shipping but still enables the vessel to fly the same flag.
49
What is flag convenience?
Another term for open registry.
50
what is the IMO’s member state audit scheme?
A mandatory scheme where member states are audited for their compliance and enforcement with international legislation. Nice thing to keep.
51
What is the UKSR?
UK Ship Registry is an executive agency of the UK's Department of Transport.
52
How many parts are there to the UK Ship Register?
Four.
53
What type of register is the UK?
The UK became and international register in 2019, and is not solely limited to nationally based companies.
54
How many shares of a vessel must the qualifying person own for them to be able to register in the UK
At least 33 out of 64 shares.
55
What is IACS?
The International Association of Classification Societies. Founded in 1968, it has a membership of eleven leading classification societies.
56
What is a classification society?
A non-governmental organisation which establishes and enforces technical standards for the design, construction and operation of ships.
57
Which classification societies are members of IACS?
- American Bureau of Shipping. - Bureau Veritas. - Det Norske Veritas. - Lloyd's Register. - China Classification Society.
58
What is the significance of a certificate of Class for a vessel?
It confirms that a vessel complies with the rules and standards of a classification society.
59
Why are Unified Interpretations (UIs) developed by IACS?
UIs are developed to provide consistent interpretation of IMO regulations, ensuring uniform application of standards without introducing new requirements.
60
What are some benefits associated with vessels holding a valid Certificate of Class?
- Favourable terms for insurance. - Enhancing the standing of the vessel and it's owner in the industry. - Makes it easier to trade internationally.
61
What are the primary functions of a classification society during the construction of a vessel?
Classification societies review, design plans, conduct inspections and approve construction stages to ensure adherence to regulations and their own rules.
62
Is it mandatory for a vessel to be classed?
No, but the vast majority of vessels are.
63
In the context of survey and certification, what does RO stand for?
Recognised organisation.
64
What is a Recognised Organisation?
Usually a classification society, that has been recognised by a flag state for the purpose of surveying and issuing certificates.
65
Which classification societies are Recognised Organisations in the UK?
- American Bureau of Shipping (ABS). - Bureau Veritas (BV). - Lloyd's Register (LR).
66
Which international instrument sets guidelines for the assessment, authorisation and oversight of ROs?
The Recognised Organisation Code or the RO code.
67
Who decides which organisations can be approved as ROs
Each flag state authorises its own ROs, under the guidelines laid down by the IMO in the RO Code.
68
What is the purpose of port state control?
Allows local authorities to inspect the foreign vessels that enter their ports to verify compliance with international regulations and standards.
69
What is the MOU with regard to Port State Control?
A document of understanding between national authorities in a region who agree to coordinate PSC inspections.
70
What is a PSCO?
Port State Control Officer.
71
Why would national authorities wish to operate under a regional MOU?
To improve Port State Control inspection efficiency on substandard vessels, while reducing the frequency of inspections on high-quality vessels.
72
How many MOUs are there with regard to Port State Control?
Nine, with a tenth PSC regime operated independently by the US Coast Guard.
73
Why is the PSC referred to as a 'safety net'?
AS it is used to identify substandard shipping making sure low-quality vessels are not overlooked.
74
If a vessel fails to meet international standards during a Port State Control inspection, what are the consequences?
They can demand that the issue is rectified within a certain time frame or can detain the vessel until the issue is resolved.
75
What are the nine regional Port State Control MOUs?
- Paris MOU. - Tokyo MOU. - Caribbean MOU. - Black Sea MOU. - Mediterranean MOU. - Indian Ocean MOU. - Riyadh MOU. - Acuerdo de Vina del Mar. - Abuja MOU.
76
77
How does the Paris MOU inspection regime work?
Countries within the Paris MOU work together to harmonise their inspection efforts. They choose which vessels to inspect and how detailed inspection should be based on a risk profile assigned to each vessel.
78
Which factors are taken into account when determining the risk profile of a vessel under the Paris MOU?
- Type of vessel. - Age of vessel. - Flag Performance. - Class (RO) performance. - Company performance. - History of deficiencies and detentions.
79
Under the Paris MOU, vessels over wattage are automatically considered high risk?
12 years.
80
What are the three risk profiles under Paris MOU?
- High risk ship. - Standard risk ship. - Low risk ship.
81
Which Paris MOU risk profile or passenger vessel and oil tankers always considered to be?
High risk ships.
82
How is flag for performance judged under the Paris MOU?
It is assessed on the flag state ranking in the white, grey and a blacklists published by the Paris MOU, wait against the flag states IMO member state audit scheme status.
83
What is THETIS?
It’s the Paris MOUs pork state control information database.
84
What is a Paris/Tokyo MOU concentrated inspection campaign?
This focuses on areas where high levels of the efficiencies have been encountered due to new convention requirements which have been entered into force. Each campaign take place yearly over a period of three months (Sep-Nov)and it’s combined with a regular inspection.
85
What was the subject of 2024 Paris and Tokyo MOU concentrate inspection campaign?
Crew wages and seafarer agreements under the MLC.
86
How does the Paris MOU inspection regime work?
Countries within the Paris and where you work together to harmonise their inspection efforts. They choose which vessels to inspect and how detailed inspection should be based on a risk profile assigned to each vessel.
87
Why would a vessel undergo a more detailed inspection under the Paris MOU?
If cleared grounds were established during the initial inspection by the PSCO.
88
How often are high risk ships required to undergo expanded inspection under the Paris MOU?
At least once every 12 months.
89
Under the Paris MOU, how often are low risk vessels inspected?
Between 24–36 months after the last inspection in the Paris MOU region?
90
What is a periodic inspection under the Pais MOU?
The normal PSC inspection conduct on an interval based on the risk profile of a vessel.
91
What is an additional inspection under the Paris MOU?
An additional inspection is one which is triggered by an ‘overriding’ or ‘exceptional’ factor.
92
If the PSCO encounterers deficiencies, what will they do?
They will issue an inspection report to the master which indicates action required and statements against each deficiency. Depending on the severity of the deficiency the vessel may be permitted to rectify immediately or, for serious deficiencies, the vessel may be detained until rectified.
93
What does an initial inspection consist of in regard to the Paris MOU?
- Check certificates and documents. - Check the overall condition of hygiene of the vessel meet generally accepted international rules and standards, including: the bridge, accommodation and Galli, decks including forecastle, cargo holds/area, engine room
94
What is seaworthiness?
A vessel is seaworthy when she is reasonably fit in all respects to encounter the ordinary panels of the sea of the adventure insured.
95
What are the five Cs if seaworthiness?
- Certification. - Condition. - Compliance. - Crew. - Conduct.
96
How does ‘crew’ relate to seaworthiness?
There must be the correct amount of crew who are adequate, qualified, medically fit and familiarise see figures, as per the vessel safe money document in the requirements of the ISM Code.
97
How does ‘compliance’ relate to seaworthiness?
- The vessel is only compliant if it has all the requirements of the conventions, codes and regulations which apply to it. - This includes things from drills and LSA inspections, chart corrections and compliance with cargo or passenger related requirements.
98
Who should a complaint be made to under the MLC?
required that the complaint is raised at the lowest level possible (i.e line manager). Sea farers also may complain to the port state if necessary.
99
What three documents is MLC certification made up of?
- Maritime, Labour Certificate. - Declaration of Maritime Compliance, Part 1. - Declaration of Maritime Compliance, Part 2.
100
The onboard complaints procedure must contain details from whom?
- The MCA or the vessels flag state. - The national authorities for the seafarers' countries of residence.
101
What additional conditions are placed on hours of rest in relation to those below the age of 18?
- No work at night. - A rest period of at least 12 hours every 24 hour period. - A further rest period of at least 2 days per week, ideally consecutively. - If the working day exceeds 4.5 hours, a 30 minute break should be provided.
102
How is night defined with regard to young persons hours of rest?
Night is defined as a period of at least nine hours, starting no later than midnight and ending no earlier than 0500.
103
What is an SEA?
- Seafarers Employment agreement. - Contract between the employer and the seafarer, in a format approved by the flag state.
104
What are the minimum hours of rest?
- 10 hours in a 24 hour period. - 10 hours can be split no more than two periods, one of which is no less than 6 hours. - 77 hours in any seven day period.
105
What is the max period that an SEA can remain in force?
11 months.
106
How are drills considered for the purposes of hours of rest?
As per the Master's guide to the UK Flag State that "call-outs to work' includes taking part in a safety drill" so drills do count as hours of work.
107
What must the seafarer have in their possession, regarding the SEA?
A physical copy of the SEA, signed by both the seafarer and the shipowner.
108
Which two documents relate to the hours of rest onboard?
- Copy of records of hours of rest. - Table of shipboard working arrangements in a public place onboard.
109
Which organisation created the MLC?
International Labour Convention (ILO).
110
What are the five titles of the MLC?
- Minimum requirements for seafarers to work on a ship. - Conditions of employment. - Accommodation, recreational facilities, food and catering.

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