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Ten El Faro Victims’ Families Settle with TOTE Maritime

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  • As CBN warns Nigerians to Brace for hard times ahead, because low oil revenue would linger

Ten families of the El Faro victims have reached a settlement with the operator of the ill-fated cargo ship TOTE Maritime, local media said quoting the U.S. District Court in Jacksonville, Florida.

The families will receive USD 500,000 each, as well as an undisclosed amount for lost wages and other losses.

Some of the families who settled were of Captain Michael Davidson, Richard J. Pusatere, Keith W. Griffin, Howard J. Schoenly, Roan R. Lightfoot, Jan Podgorski, Piotr Krause, Marcin Nita, Andrezej Truszkowski and Rafal Zdobych.

The remaining 23 families and dozens of cargo owners still have claims pending in court.

The attorneys of the other families said that these “settlements will have no impact on” the continuation of trial as the families seek reasons behind the sinking.

“Cases have to be evaluated separately, and there were good reasons to settle some,” said Jason Margulies, a Miami attorney who represented the families of seven victims, including the families of the Polish crew. He added that reasons for settling these cases do not apply to other families.

El Faro sank on October 1, 2015, after it sailed into the Hurricane Joaquin. The vessel’s 33 crew members, who consisted of 28 U.S. citizens and five Polish nationals, are presumed dead.

Following several lawsuits from the victims’ family members, the company filed for protection from legal claims regarding its liability for the deaths of the ship’s 33 crew members.

In the meantime, the Monetary Policy Committee of the Central Bank of Nigeria (CBN) on Tuesday warned Nigerians to brace for a longer period of low revenue from oil sources, which would necessitate hard and uncomfortable choices.

The committee, in a communique issued at the end of its first meeting for the 2016 fiscal period in Abuja, observed that while the period of low oil prices, which occurred in 2005, lasted for a maximum of eight months, the current situation was expected to continue over a longer period of time.

The CBN Governor, Mr. Godwin Emefiele, who read out the communique shortly after the meeting, said the development would necessitate huge sacrifices from Nigerians. Crude oil prices had declined from a peak of $114 barrel in July 2014 to $30.25 per barrel on Tuesday.

The CBN governor said since oil prices had been on a steady decline, certain trade-offs would have to be envisaged and accommodated.

He said, “The committee observed that the last episode of low oil prices in 2005 lasted for a maximum period of eight months. However, the current episode of lower oil prices is projected to remain over a very long period.

“Consequently, it is imperative to brace for a longer period of low government revenues from oil sources, which would necessitate hard and uncomfortable choices as the economy transits to more sustainable sources of revenue, consistent with the economic realities and strategic objectives of the country. In the circumstance, certain trade-offs must be envisaged and duly accommodated.”

As a result of the drop in oil revenues, the governor said the need for consistently sound and coordinated macro economy policies had become inevitable. In view of this, Emefiele said the central bank was currently refining the framework for foreign exchange management in order to ensure a more effective and liquid forex market.

He added, “In the medium term within which monetary policy is cast, the need to allow policy to produce the desired outcomes becomes a key consideration in the policy mix.

“Consequently, the bank is fine-tuning the framework for foreign exchange management with a view to ensuring a more effective and liquid foreign exchange market, taking into account Nigeria’s strategic development priorities, with the policies being designed within an environment of regularly ensuring consistency with monetary and fiscal policies.”

On the Monetary Policy Rate, the governor said the committee decided to unanimously retain it at the current 11 per cent. The bank had earlier in November last year reduced the MPR from 13 per cent to 11 per cent.

The CBN governor said the committee also decided to retain the Cash Reserve Requirement at 20 per cent and the liquidity ratio at 30 per cent, with the asymmetric corridor at +200 basis points and -700 basis points.

He said the decision to retain the rates was taken in order to ensure that the objective of easing lending to the real sector of the economy was achieved. Emefiele explained that while the central bank had last November taken steps to encourage Deposit Money Banks to lend to the real sector of the economy, the impact of that decision had yet to be felt.

He lamented that while the objective of stabilising the financial system in the aftermath of the Treasury Single Account withdrawals and JPMorgan’s delisting of Nigeria from its index had been largely achieved, the goal of increasing lending to key sectors of the economy had not been realised.

The governor said the CBN would continue to use moral suasion to encourage the DMBs to support financing for targeted lending to the real sector as well as agriculture, solid minerals and Small and Medium Enterprises sectors of the economy.

He said, “The committee acknowledged the continuous liquidity surfeit in the system stemming partly from the recent growth-stimulating monetary policy measures as well as the tendency of the banks to invest excess reserves in government securities rather than extend credit to the needed sectors of the economy.

“To this end, the committee once again urged the Deposit Money Banks to improve lending to the real sector as part of their patriotic obligations to the country, and enjoined the management of the central bank to continue to explore ways of incentivising lending to employment and growth-generating sectors, particularly the SMEs.”

When asked if the CBN would consider forcing the banks to lend to the real sector, Emefiele stated that inasmuch as it would prefer that the DMBs should increase lending to the real sector, it would be practically impossible to force them to do so due to the fact that the banks were established to make profit.

He said, “Unfortunately, the DMBs are in business to make money and we cannot regulate their interest rate. And so, it can be difficult to really force them to lend to a particular set of people. But what we can continue to do is to put in place policies that will encourage them to do so or we can continue to incentivise them by putting in place policies that will encourage them to do so.

“So, it is a free market and we cannot really compel them as it is expected. We will continue to try. This is why at the last meeting, we reduced the CRR from 25 per cent to 20 per cent. And we now insisted that liquidity that would be made available or that those banks could only enjoy the reduction if they introduce to the CBN projects that are targeted at the real sector such as manufacturing, agriculture and the SMEs.

“It is just two months since this policy (was introduced) and it is still early to assess the impact. However, we remain optimistic that the banks will heed this advice and lend to the real sector. Because this liquidity is just sitting at the CBN and until they decide to work with us on this, the funds will not be made available.”

When asked if the CBN would consider the devaluation of the naira in view of the increasing pressure on the currency, the governor said there were no immediate plans to do so.

He said the central bank was working on a number of scenarios under different crude oil prices, noting that discussions at management and monetary policy committee levels would still continue.

Emefiele said, “We don’t have any immediate plan to devalue the naira. However, we are already working on different scenarios; the models are being worked on. We have them and as much as possible, we will look at scenarios under different crude prices and we will continue to discuss at management and monetary policy committee levels.

“We will try as much as possible to continue to share our thoughts with the fiscal authorities with the view to harmonising our positions to ensure that notwithstanding the drop in crude prices, that we are able to continue to run government and do business.

“We are very conscious of this and we know that we are at an era where the drop in or low crude price will remain for a long time with us. It is not going to be like in 2008 or 2009 where it was just for about eight months. So far, we have seen this for 14 months now and there doesn’t seem to be any light at the end of the tunnel.”

On the introduction of the N50 stamp duty charge, Emefiele explained that the decision was taken to support the government in its bid to generate more revenue due to the drop in oil prices, adding that the nation’s external reserves currently stood at about $28bn.

World Maritime News with additional report from Punch

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WAIVER CESSATION: Igbokwe urges NIMASA to evolve stronger collaboration with Ships owners

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…Stresses the need for timely disbursement of N44.6billion CVFF***

Highly revered Nigerian Maritime Lawyer, and Senior Advocate of Nigeria (SAN), Mike Igbokwe has urged the Nigeria Maritime Administration and safety Agency (NIMASA) to partner with ship owners and relevant association in the industry to evolving a more vibrant merchant shipping and cabotage trade regime.

Igbokwe gave the counsel during his paper presentation at the just concluded two-day stakeholders’ meeting on Cabotage waiver restrictions, organized by NIMASA.

“NIMASA and shipowners should develop merchant shipping including cabotage trade. A good start is to partner with the relevant associations in this field, such as the Nigeria Indigenous Shipowners Association (NISA), Shipowners Association of Nigeria (SOAN), Oil Trade Group & Maritime Trade Group of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA).

“A cursory look at their vision, mission and objectives, show that they are willing to improve the maritime sector, not just for their members but for stakeholders in the maritime economy and the country”.

Adding that it is of utmost importance for NIMASA to have a through briefing and regular consultation with ships owners, in other to have insight on the challenges facing the ship owners.

“It is of utmost importance for NIMASA to have a thorough briefing and regular consultations with shipowners, to receive insight on the challenges they face, and how the Agency can assist in solving them and encouraging them to invest and participate in the maritime sector, for its development. 

“NIMASA should see them as partners in progress because, if they do not invest in buying ships and registering them in Nigeria, there would be no Nigerian-owned ships in its Register and NIMASA would be unable to discharge its main objective.

The Maritime lawyer also urged NIMASA  to disburse the Cabotage Vessel Financing Fund (CVFF)that currently stands at about N44.6 billion.

“Lest it be forgotten, what is on the lips of almost every shipowner, is the need to disburse the Cabotage Vessel Financing Fund (the CVFF’), which was established by the Coastal and Inland Shipping Act, 2003. It was established to promote the development of indigenous ship acquisition capacity, by providing financial assistance to Nigerian citizens and shipping companies wholly owned by Nigerian operating in the domestic coastal shipping, to purchase and maintain vessels and build shipping capacity. 

“Research shows that this fund has grown to about N44.6billion; and that due to its non-disbursement, financial institutions have repossessed some vessels, resulting in a 43% reduction of the number of operational indigenous shipping companies in Nigeria, in the past few years. 

“Without beating around the bush, to promote indigenous maritime development, prompt action must be taken by NIMASA to commence the disbursement of this Fund to qualified shipowners pursuant to the extant Cabotage Vessel Financing Fund (“CVFF”) Regulations.

Mike Igbokwe (SAN)

“Indeed, as part of its statutory functions, NIMASA is to enforce and administer the provisions of the Cabotage Act 2003 and develop and implement policies and programmes which will facilitate the growth of local capacity in ownership, manning and construction of ships and other maritime infrastructure. Disbursing the CVFF is one of the ways NIMASA can fulfill this mandate.

“To assist in this task, there must be collaboration between NIMASA, financial institutions, the Minister of Transportation, as contained in the CVFF Regulations that are yet to be implemented”, the legal guru highlighted further. 

He urged the agency to create the right environment for its stakeholders to build on and engender the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders.

“Lastly, which is the main reason why we are all here, cessation of ministerial waivers on some cabotage requirements, which I believe is worth applause in favour of NIMASA. 

“This is because it appears that the readiness to obtain/grant waivers had made some of the vessels and their owners engaged in cabotage trade, to become complacent and indifferent in quickly ensuring that they updated their capacities, so as not to require the waivers. 

“The cessation of waivers is a way of forcing the relevant stakeholders of the maritime sector, to find workable solutions within, for maritime development and fill the gaps in the local capacities in 100% Nigerian crewing, ship ownership, and ship building, that had necessitated the existence of the waivers since about 15 years ago, when the Cabotage Act came into being. 

“However, NIMASA must ensure that the right environment is provided for its stakeholders to build and possess the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders. Or better still, that they are solved within the next 5 years of its intention to stop granting waivers”, he further explained. 

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Breaking News: The Funeral Rites of Matriarch C. Ogbeifun is Live

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The Burial Ceremony of Engr. Greg Ogbeifun’s mother is live. Watch on the website: www.maritimefirstnewspaper.com and on Youtube: Maritimefirst Newspaper.

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Wind Farm Vessel Collision Leaves 15 Injured

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…As Valles Steamship Orders 112,000 dwt Tanker from South Korea***

A wind farm supply vessel and a cargo ship collided in the Baltic Sea on Tuesday leaving 15 injured.

The Cyprus-flagged 80-meter general cargo ship Raba collided with Denmark-flagged 31-meter wind farm supply vessel World Bora near Rügen Island, about three nautical miles off the coast of Hamburg. 

Many of those injured were service engineers on the wind farm vessel, and 10 were seriously hurt. 

They were headed to Iberdrola’s 350MW Wikinger wind farm. Nine of the people on board the World Bora were employees of Siemens Gamesa, two were employees of Iberdrola and four were crew.

The cause of the incident is not yet known, and no pollution has been reported.

After the collision, the two ships were able to proceed to Rügen under their own power, and the injured were then taken to hospital. 

Lifeboat crews from the German Maritime Search and Rescue Service tended to them prior to their transport to hospital via ambulance and helicopter.

“Iberdrola wishes to thank the rescue services for their diligence and professionalism,” the company said in a statement.

In the meantime, the Hong Kong-based shipowner Valles Steamship has ordered a new 112,000 dwt crude oil tanker from South Korea’s Sumitomo Heavy Industries Marine & Engineering.

Sumitomo is to deliver the Aframax to Valles Steamship by the end of 2020, according to data provided by Asiasis.

The newbuild Aframax will join seven other Aframaxes in Valles Steamship’s fleet. Other ships operated by the company include Panamax bulkers and medium and long range product tankers.

The company’s most-recently delivered unit is the 114,426 dwt Aframax tanker Seagalaxy. The naming and delivery of the tanker took place in February 2019, at Namura Shipbuilding’s yard in Japan.

Maritime Executive with additional report from World Maritime News

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