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DP World Says London Court Ruled against Djibouti

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…As Ardmore CEO notes: MR Charter Market Took an Unexpected Hit in Q2***

An Arbitral Tribunal of the London Court of International Arbitration (LCIA) has found that the Government of Djibouti’s action of seizing control of the Doraleh Container Terminal from DP World was illegal, DP World informed.

The LCIA Tribunal has ruled that Doraleh Container Terminal’s Concession Agreement “remains valid and binding notwithstanding Law 202 and the 2018 Decrees.”

Law 202 and the referenced decrees were devices enacted by Djibouti to seek to evade Djibouti’s contractual obligations, and these have been found to be ineffective in law, according to a statement released by DP World.

“DP World will now reflect on the ruling and review its options,” the port operator added.

On 22 February 2018, the Government of Djibouti seized control of the Doraleh Container Terminal from DP World, who designed, built and operated the terminal following a concession awarded in 2006.

Djibouti has insisted so far that the contract termination was done via a transparent legal process, highlighting that DP World lost all rights to the concession contract.

The government claimed that the decision was made after failed attempts to renegotiate the concession terms and that it is grounded on the general interest of the country’s citizens.

Namely, the country was not satisfied with the revenues from the operation of the terminal, adding that its poor performance was hampering the economic development and growth of Djibouti.

Following the termination, DP World launched a new arbitration in February 2018 seeking a declaration that the concession was valid and binding on the government.

In the meantime, the medium range (MR) product tanker market sustained an unanticipated blow from a number of one-time events in the second quarter of 2018, Anthony Gurnee, Chief Executive Officer of Ardmore Shipping, said in a conference call.

These events included lower demand at the Atlantic Basin as a result of localized factors in the key consumer markets in Brazil, Mexico and West Africa, largely political issues, according to Gurnee, followed by high oil and bunker prices as well as weak crude tanker market.

As a result of the unprecedented downturn of the crude oil taker market, fueled by geopolitical tensions and tonnage oversupply, crude tanker owners have started taking a portion of the product tanker cargoes to ease their woes.

“Crude tanker market weakness resulted in some encroachment to product tanker trades, particularly Aframax newbuildings competing with LR2s,” he said. “Having said that, we feel that the impact of crude tankers on MR trade is limited, probably well under 1% of overall supply.”

However, despite the quarter being unexpectedly tough, Gurnee believes that moving ahead the outlook is positive as MR supply growth remains at all-time lows.

“We’re forecasting 23 MRs to deliver over the remainder of 2018, with 29 delivered year-to-date, and this is compared to the 5-year historical average of 112 per year. Scrapping has increased with 31 MRs scrapped year-to-date, indicating a run rate of approximately 50 to 60 per year, and as a consequence, MR fleet growth net of scrapping is expected to be well below 1% in 2018 and into 2019,” Gurnee  explained.

Furthermore, demand fundamentals remain solid in terms of oil consumption growth and export-oriented refinery capacity development.

“Atlantic Basin cargo volume should return to normal levels in the second half as the short-term factors play themselves out. Refined product inventories are well below 5-year averages, and with refinery throughput set to increased by further 2 million barrels a day in the third quarter to all-time highs, the conditions are in place for an increase in CPP trading activity,” he added.

Ardmore also believes that the IMO 2020 sulphur regulations will have a positive impact on the market as of next year boosting ton demand and demand growth for product tankers.

Ardmore Shipping Corporation reported a net loss of USD 13.7 million for the six months ended June 30, 2018, sinking further into the red from last year’s USD 4 million, mostly driven by challenging charter market conditions.

Spot and pool MR tankers earned an average of USD 12,086 per day, while chemical tankers earned an average of USD 12,816 per day for the six months ended June 30, 2018.

World Maritime News

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NSC Registers Terminal Operators, Shipping Companies, Agencies

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….In the Regulated Port Service Provider and Users platform 

The Nigerian Shippers Council (NSC) has registered stakeholders in the maritime industry on its Regulated Port Service Provider and Users platform with the theme “Regulated Port Service Provider and Users” in Lagos. 

The Executive Secretary of NSC, Mr Pius Akutah, disclosed this at the sensitisation programme by the commission for port operators.

Akutah, ably represented by Director Consumer Affairs, Chief Cajetan Agu, said the sensitisation programme was the second edition after its commencement during the last quarter of 2023.

The CEO of NSC said that the 160 registered port operators consist of agencies, terminal operators, shipping companies, individual port users, as well as service providers.

“We invited the stakeholders of the port to enlighten them on the processes for online registration of Regulated Port Service Provider and Users.

“We have demonstrated to them how to register and how to make payment and we were able to present before them the various categories under the registration.

“The rate of payment is also in the registration. The payment of each group depends on the operation. A shipper pays N30,000, terminal operators and shipping companies pay N300,000, truckers also pay N30,000 while some pay N50,000 as well as N100,000.

“The council was able to intimate them on the benefits because port users benefit more as we help to interface for reducing port charges from time to time,” Akutah said.

He said that there was a need to continue to work with port operators to stop delays and also eliminate high costs to make the port efficient.

The Deputy Director, Stakeholders, Service, NSC, Mr Celestine Akujobi, said the sensitisation exercise was important for the council to enable us to bring all the port stakeholders together.

According to him, this is to avoid challenges which might unfold during the implementation of the council’s responsibilities.

“We are engaging other ports across the country and we hope that before the last quarter of 2024, the council will implement sanctions on the defaulting operators”

“By the time we introduce sanctions on defaulters, no operators will complain that he or she is not aware of the registration.

“I’m happy with the turnout of this sensitisation. This shows that the operators are well informed of the statutory fiction of the council as the port regulator.

“The final implementation will commence as soon as we ascertain that all the operators have keyed into the portal.

“We are engaging other ports across the country and we hope that before the last quarter of 2024, the council will implement sanctions on the defaulting operators,” Akujobi said.

The Vice Chairman of the National Association of Government Approved Freight Forwards (NAGAFF), Dr Ifeanyi Emoh said that port challenges were enormous. He noted that they originated from some government agencies.

Emoh urged the council to look into regulating other government agencies so that they could be a window where they collected port challenges collectively instead of indiscriminate charges.

The Member of the National Council of Managing Director of Licensed Customs Agents, Mr Abayomi Duyile, commended NSC, saying that the sensitisation would enable both the government agencies and port users to operate on the same level.

The Chairman, Board of Trustee (BOT), NEXUS Association of Maritime Truckers Operators (NAMTOP), Mr Raheem Morufu, said he had registered since November 2023, but found it difficult to register on the NSC portal.

“I’m now well informed after the training that everyone will register individually, regardless of their operations to be attended to when there is a challenge.

“I want to commend NSC for their intervention when the shipping companies overcharged me. I was able to be refunded N20 million after the intervention,” Morufu said.

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Maritime

Michael Ugbagu Assumes Duty As Comptroller Federal Operations Unit Zone C

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Michael Ugbagu Assumes Duty As Comptroller Federal Operations Unit Zone C

In the meantime, Comptroller Michael Ugbagu has assumed office as the 28th Comptroller of the Federal Operations Unit Zone C (FOUC) of the Nigeria Customs Service, Owerri. 

Comptroller Ugbagu took over from his predecessor, Comptroller Kayode Kolade in a simple ceremony in Owerri, on Friday. 

Comptroller Ugbagu thanked the Comptroller-General of Customs; Adewale Adeniyi, MFR, and his entire management team, for the trust and confidence bestowed on him to pilot the affairs of the Unit. 

He equally thanked Comptroller Kolade for his “highly commendable “ achievements while he held sway and pledged continued compliance with established guidelines while discharging his duties. 

Also Read: Customs: Shuaibu Succeeds Wada at FOU Zone ‘B’ Kaduna 

 “ We will ensure compliance with the current import and export guidelines using intelligence and technology to drive our operations. 

 “ There will be watertight security against smuggling activities across the zone. Smugglers will be discouraged, frustrated and made uncomfortable, thereby making smuggling, duty evasion and warehousing of smuggled goods unattractive within the zone.

 “ This is an onerous responsibility and I will not let the Service down“ he said. 

He called for support and cooperation from the media and the general public to enable him carry out his new assignment. 

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Maritime

Auwal Haruna: Katsina Command Boss, Muhammed Umar Condoles Family

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Auwal Haruna: Katsina Command Boss, Muhammed Umar Condoles Family

…Assures family that justice will be served  

The Customs Area Controller of Katsina Command, Comptroller Mohammed Umar, has on behalf of the Comptroller General of Customs, Bashir Adewale Adeniyi MFR, paid a condole visit to the family of late Customs Assistant II Auwal Haruna in his native home. Auwal Haruna tragically lost his life while on duty.

During the visit to the Kayawa community in Dutsi Local Government Area of Katsina State, Comptroller Muhammed Umar expressed his deepest sympathy to the family and members of the Kayawa community for the irreplaceable loss, recognising Auwal’s sacrifice in the line of duty.

 He emphasised that the Service lost a disciplined and well-dedicated officer.

The Area Controller assured the family of the deceased that the Service has initiated a thorough investigation to apprehend those responsible for the heinous act and would ensure justice is served.

The Chairman of Dutsi Local Government Area, Hon. Abdulrazzak Adamu, expressed gratitude on behalf of the deceased family members for the Service support during this challenging time and urged the Service to bring the culprits to book and ensure that justice is served.

The Katsina Area Command Public Relations Officer, Superintendent of Customs, Tahir Balarabe confirmed that a moment of prayer was held for the eternal peace of the fallen hero, Auwal Haruna. 

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